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Mr. Luis Moreno Ocampo


Public Prosecutor
Office of the Public Prosecutor
International Criminal Court of Justice
Post Office Box; 19519
2500 CM The Hague
THE NETHERLANDS

Respected Sir

Subject: Complaint against Srilankan President Mr.Mahinda


Rajapakshe for war crimes and genocide, urging a probe by
your office regarding.

We are enclosing a book titled: Tamil Genocide under Neo


Nazism, which charge sheets the Sinhalese Governments for
Tamil massacres committed from 1956 to 2001 when cease
fire period delivered a short lived peace. The Tamil genocide
could not be buried by keeping international media and UN
out of the theatre of war. We Indian Tamils took the decision
to place before UN Security Council that Tamil Genocide is a
continuing crime that had crossed half a century. This book
contains our appeal to UN Security Council to urge you the
Public Prosecutor of the International Criminal Court of
Justice to start the probe into the Tamil Genocide.

After the lull of Norway brokered Peace, we have yet to


complete compiling the crimes committed by Srilankan
Government.
The usage of chemical weapons in the theatre of war and its
supplier nations which violated international law and
conventions should be subjected to probe. We quote the
relevant law which fits the definition in each and every word
and word by word all the crimes have been committed by
Srilanka

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Crimes against humanity, Art. 7, Rome Statute of
International Criminal Code describes these as: Murder,
Extermination, persecution, enforced disappearances,
torture, intentionally causing great hurt, great suffering, or
serious injury to body or to mental or physical health,
deportation or forcible transfer of population.

‘War Crimes, Art.8, Rome Statute of International Criminal


Code describe these as: Bombing of hospitals, civilian
habitations, prevention of supply of basic amenities such as
food, water, medicines.

Apart from committing each and every crime the framers of


Rome Statute brought into the definition of crimes, Srilankan
President Mr.Mahinda Rajapakshe used starvation as
weapon of war,

"Article 54(1) of Additional Protocol I to the Four Geneva


Conventions of 1949 sets forth a rule of customary
international humanitarian law that obligates every state in
the world: "Starvation of civilians as a method of warfare is
prohibited." Furthermore, starvation of civilians as a method
of warfare can also constitute an act of genocide as defined
by Article II (c) of the 1948 Genocide Convention:

It is needless to state that ""the European Union must follow


up on its call for an investigation of war crimes against
civilians." The United Nations adopted a resolution in 2005
on the "responsibility to protect" populations that are not
protected by their own governments. The massive killing and
wounding of civilians on Sri Lanka represents exactly the sort
of case that resolution was meant to address."

Hence our appeal is to your office that what we seek is


already finding endorsements in European Union and in UN,
and it will be appropriate for you to order for a probe into
Tamil Genocide.

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IN THE INTERNATIONAL
CRIMINAL COURT OF JUSTICE
AT HAGUE

N.Nandhivarman
General Secretary
Dravida Peravai
9 Ramaraja Street
Puducherry 605001

To

Mr. Luis Moreno Ocampo


Public Prosecutor
Office of the Public Prosecutor
International Criminal Court of Justice
Post Office Box; 19519
2500 CM The Hague
THE NETHERLANDS

Respected Sir,

Subject: Complaint against Srilankan President Mahinda


Rajapakshe on the genocide, ethnic cleansing and war
crimes throwing all canons of international law to winds.

The petitioner recalls your words at the outset. "I deeply


hope that the horrors humanity has suffered during the 20th
century will serve us as a painful lesson, and that the
creation of the International Criminal Court will help us to
prevent those atrocities from being repeated in the future."
[Statement made by Luis Moreno-Ocampo on the occasion
of his election as first Prosecutor of the International Criminal
Court by the Assembly of States Parties in New York on 22
April 2003.]

International Campaign to End Genocide lists out that 1.5


million Armenians, 3 million Ukrainians, 6 million Jews,
2,50,000 gypsies, 6 million Slavs,1 million Ibos, 200,000

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Guatemalans, 1.7 million Cambodians, 500,000 Indonesians,
200,000 East Timorese , 2,50,000 Burundians, 500,000
Ugandans, 2 million Sudanese, 800,000 Rwandans, 2 million
North Koreans and 10,000 Kosovo's lost their lives under
Genocide during last century.

Awareness on Genocide started in 1944, when a Jewish


Refugee from Poland who taught in USA coined the word
Genocide in his book “Axis Rule in Occupied Europe”. Tamils
of Ceylon, currently known as Srilanka started to learn the
bitter truth about Genocide from 1956.

Dravida Peravai encloses you a book titled Tamil Genocide


under Neo-Nazism, which is a charge sheet against
Srilankan Governments wherein Tamil massacres since
1956 to 2001 are complied by a non-governmental
organization. Though the language used is not so fluent with
many spelling mistakes on the names of persons and places,
we have thanked the first ever effort made, and had attached
that report to our complaint made to the President of the
Security Council for the month of May, to the General
Secretary of the United Nations and to the representatives of
the Member Nations of the Security Council. In that letter we
have urged the Security Council to direct our complaint to
you urging you to begin the probe into the issue of Tamil
Genocide since 1956 to till date i.e. 2009. The copy is in the
first few pages of the enclosed book. We urge The
International Criminal Court of Justice probe using all arms of
the United Nations and non governmental organizations and
to compile all the crimes of genocide committed by Srilankan
governments since independence but with emphasis of the
current Government of Mr.Mahinda Rajapakhse.

Winston Churchill called genocide, a crime without name,


before the word was coined. Now the Srilankan President is
pursuing that crime without witness. The War without witness
may be called a war against terrorism by Srilankan
Government, but the day when independent observers and
non governmental organizations and international media gets

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free access to the people of Tamil Eelam, you will be getting
all the evidences needed to fix the Srilankan President
Mr.Mahinda Rajapakshe for war crimes and crimes of
genocide. Further even after declaring victory in the War,
The Executive President of Srilanka who executed Tamils in
thousands and thousands, is nor stalling access to UN only
to destroy the evidences against the crime, like burning the
corpses so that numbers killed could get concealed.Before
we could mail this complaint news from Srilanka once again
proves that President wants Peace too to be without
witnesses. Boston Globe voices concern.

EU must investigate Sri Lanka war crimes - Boston


Globe

Tuesday, 19 May 2009

"The government of President Mahinda Rajapaksa has been


claiming a glorious total victory - and denying allegations
from doctors on the scene that tens of thousands of innocent
civilians have been the victims of indiscriminate artillery fire
and scorched-earth tactics," said Boston Globe in Tuesday's
editorial, adding "the European Union must follow up on
its call for an investigation of war crimes against
civilians." The editorial also said that "the United Nations
adopted a resolution in 2005 on the "responsibility to
protect" populations that are not protected by their own
governments. The massive killing and wounding of
civilians on Sri Lanka represents exactly the sort of case
that resolution was meant to address."

Full text of the editorial follows:


Sri Lanka, after the war

ONE OF THE WORLD'S bloodiest conflicts has come to a


violent conclusion in the island nation of Sri Lanka. The
government of President Mahinda Rajapaksa has been
claiming a glorious total victory - and denying allegations
from doctors on the scene that tens of thousands of innocent

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civilians have been the victims of indiscriminate artillery fire
and scorched-earth tactics.

Rajapaksa must give aid organizations access to hundreds


of thousands of uprooted Tamils in the islands northeast.
Overwhelmed doctors in overcrowded camps are amputating
limbs without sufficient drugs and medical supplies. The
people in those camps desperately need medical care, food,
and water. And they should be allowed to return to their
homes as soon as possible.

Once the humanitarian crisis is addressed, the European


Union must follow up on its call for an investigation of
war crimes against civilians. The Rajapaksa government
has tried to draw a screen around its actions, banning
independent journalists and international aid groups from the
war zone. But the United Nations adopted a resolution in
2005 on the "responsibility to protect" populations that are
not protected by their own governments. The massive killing
and wounding of civilians on Sri Lanka represents exactly the
sort of case that resolution was meant to address. Ultimately,
the only way for Sri Lanka to avoid another Tamil rebellion is
to grant the Tamils some form of local autonomy in their
region. Now that the Tigers have been crushed, the
Sinhalese majority of Sri Lanka has no excuse for not
addressing the legitimate grievances of the Tamil minority.

Srilanka won’t heed Boston Globe or even all nations in our


globe. The purpose in our reproducing the Boston Globe
editorial is to urge you to start investigations into the war
crimes in Srilanka.

Lies, deceptions, hallmark of Sri Lanka war- Telegraph

Monday, 18 May 2009

"Chinese weapons, intelligence, Sinhala Armed personals


and racist Sri Lankan leaders came together to perform one
of the most cruel war that has cost the lives of many

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thousands innocents," says Richard Dixon, a columnist in
London's Telegraph. While "Tamils all over the world are
mourning the death of their loved ones back home," and
"birds have now stopped singing in a land called Vanni,"
Dixon writes, "leaders of Sri Lanka and some responsible
officers in the UN, should be questioned in international
courts in order to find out if they were responsible for the
deaths of innocent Tamils."

Full text of the article follows:

The Real Culprits behind Sri Lankan War

Birds have now stopped singing in a land called Vanni. Sun,


moon and the stars in the sky have hidden their faces. Angel
of death flew over the skies of Vanni and took the lives of
more than twenty five thousand innocent Tamil men, women
and children in a single day.

Thousands of wounded are still are crying out for help. They
are bleeding to death on the streets. They have touched
neither water nor food for days. Nobody has come to rescue
them. Those who fight for the rights of the animals and those
who preach about Buddha and Mahatma have no
compassion for the dying Tamils. Chinese weapons, Indian
intelligence, Sinhalese Armed personals and racist Sri
Lankan leaders came together to perform one of the most
cruel war that has cost the lives of many thousands
innocents. While thousands of innocent children and women
are facing painful and slow death, Sinhalese Buddhist
extremists are celebrating victory with flags and fire crackers
in the south of the country. War that was started with hidden
agendas of local and international forces went on for months
not just with the strength of the weapons but with well
organized false propaganda done by the Sri Lankan officials.

This war was orchestrated and staged with lies and


deceptions from the beginning till the end.

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Sri Lankan leaders are still vomiting out worms of lies

Rulers of Sri Lanka are continuing to vomit out worms of lies


to justify their atrocities against innocent lives. They started
with “War on Terror” but changed the buzz word to
“Humanitarian Operation” in order to deceive the
international community. “War on Terror” was an accepted
norm during the Bush era but lost its validity now. Therefore
they had changed the name of the game to “Humanitarian
operation”

Why do they lie?

Because they have many hidden agendas behind this dirty


war they want to hide the atrocities that are being committed
against innocent civilians. They themselves know, what they
are doing is wrong and not acceptable in a civilized world.
Above everything they want to protect India who is
orchestrating the war in Sri Lanka. Indian intelligent agents
and military experts are working closely with the Sri Lankan
forces in the war zone.

How do they manage to lie?

They simply hide the truth. When the truth is hidden what
comes out is lie. Foreign journalists and aid workers are
barred from the war zone and IDP camps. Those who try to
enter and report about the war are kicked out of the country if
they are critical of the government. Local journalists are
intimidated, tortured and sometime killed. Telling the truth is
considered a crime in Sri Lanka. Phone lines are tapped.
Web sites are blocked. Anybody who talks against the
government is considered as Terrorist or Terrorist
supporter .In the war front, dead bodies of the civilians is
burned to ashes using powerful chemicals. This is to hide the
number of innocent civilians that have perished in the wars
Lankan government officials very often organize staged visits
to the IDP camps and force the refugees to lie to the foreign
diplomats.

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What did they lie about?

They lied about the objective of the war, weapons used,


number of civilian causalities and military operations.
Although they initially claimed that the objective of the war
was to defeat the LTTE, they have in fact killed and
wounded several thousands of innocent Tamil civilians
with heavy weapons. They used chemical weapons and
cluster bombs on innocents, but they continue to deny
the usage of such weapons.

Sri Lankan forces have destroyed Schools, hospitals


and farm lands and made the whole place into a
graveyard for the Tamils. This is also regularly denied by
the Sri Lankan authorities. This war has claimed more
than fifty thousands lives just within the last few months
but the Sri Lankan government is not going to open their
mouth and tell this truth to the world.

Why didn't the UN intervene?

United Nations, who is supposed to be a guardian for the


oppressed people in the world turned out to be a silent
spectator of a man made disaster that has taken the lives of
many thousands. There is a conspiracy behind this whole
war game. China was initially blocking every attempt that
was made by UK and France to discuss the Sri Lankan
issue in the Security Council.What we are witnessing in
Sri Lanka is neither “war on terror” nor a Humanitarian
operation. This is simply a racist war against the Tamils
conducted with the help of India and China. You
wouldn't shoot at the passengers and bomb the whole
bus, if you had to rescue the hostages.

Sinhalese extremists are already celebrating and they have


also started to intimidate Tamils in the South of the country.
India and China have started to work on their hidden

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agendas in Sri Lanka. Tamils all over the world are mourning
the death of their loved ones back home.

What Next?

When the rocket scientists designed highly complex


derivatives and greedy traders traded these new emperors
cloths, many investment banks collapsed. Pension funds lost
money. Bankers committed suicide. The whole financial
disaster was caused by greedy and selfish individuals who
had short term hidden agendas. We took action. Greedy
bankers and traders were taken to courts. New rules and
regulations are now in place to prevent this happening again.
In the same way, the masters of this war in Sri Lanka should
be brought to justice.

Sinhalese government with racist agendas, China and


India with their strategic interests and UN with corrupt
officers are the evil ingredients of this dirty war that has
cost the lives of many thousandsinnocent
Tamils.Leaders of Sri Lanka and some responsible
officers in the UN should be questioned in international
courts in order to find out if they were responsible for
the deaths of innocent Tamils. If we didn't, we would end
up seeing more of such evil games repeated over and over
again.

Richard Dixon RichardDixons@googlemail.com


Our comments:

[We are baffled at the reporter’s charge about India, and


being patriots we are ashamed if such things were
happening and we pray it wont be true, but it is left to
International Court of Criminal Justice either to take
cognizance of the views or to probe the matter further.
India should refute these charges and not bury truth,
even if some one had bypassed the Government to
engage in such crimes. Since pursuit of truth and justice
for Tamils is our goal, amidst biased propaganda

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blitzkrieg of Srilanka, we don’t want to censor The
Telegraph, quoted in above paragraphs. …N.N]

SINHALESE GOVERNMENTS AND TAMIL GENOCIDE

Convention on the Prevention and Punishment of the crime


of Genocide adopted by Resolution 260[ iii] A of the UN
General Assembly on 9th December 1048 is a remarkable
milestone and this came into effect on 12 th January 1951.
The Srilankan Government started its first genocide on
5.6.1956. People thought it is just ethnic clash but never at
that point Tamils thought ethnic cleansing had started. We
are sending the Charge sheet against Sinhalese
Governments listing out the people who were butchered to
death in the genocidal agenda consistently pursued by
almost all Sinhalese Governments.

The book Journey of Man by Spencer Wells establishes that


all men are from common source. All genes of human beings
have common genes and gene markers. Science had proven
beyond an iota of doubt that race is a myth. But Sinhalese
regard Mahavamsam, their sacred book which inculcates in
them wrong notion of racial supremacy. Even the legend on
the origin of Sinhalese race starts with a lion and a human
princess, which itself will shatter the very foundation of the
origin of their race, as unscientific fiction. Yet with the same
racial superiority which Adolph Hitler proclaimed to be an
Aryan, who went to annihilate the inferior Jews according to
his mindset, Sinhalese rulers have been indulging in
massacres of Tamils from 1956.

Though the world woke up to the horrors of genocide in


1948, the report on The Genocide Convention: First 50 years
[1948-1998] by William Schabas available in the online
library of the US Institute of Peace fails to mention crimes
against Tamils. Tamils are the most peace loving people,
whose leaders have failed to highlight or bring to the notice
of the UN all these years about the Tamil Genocide in
Srilanka since 1956.

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We are now starting to knock the International Criminal
Court of Justice and the Office of the UN Human Rights
Commissioner.

The Special Report on first 50 years record with anguish


“that in 1994 while 800,000 Tutis died in Rwanda State
Department debated whether it was genocide and the United
Nations Security Council withdrew UN Peace Keeping Force
who could have saved hundreds of thousands of lives.” But
in this century Tamils are placed in a better position because
all over the world Tamil Diaspora relentlessly fought to draw
the attention of the civilized world and we are grateful for the
President of the United States Mr.Barrack Obama and
Secretary of State Ms.Hillary Rodham Clinton, the British
Prime Minister Gordon Brown and Foreign Secretary
Mr.Millind, the Norway Minster Mr. Eric Solheim and to
European Parliament for echoing the plight of Tamils of
Tamil Eelam crushed under the genocidal war machine of
Srilankan President Mr.Mahinda Rajapakshe.

The Special Report on first 50 years points out that on 2 nd


September 1998 only International Tribunal for Rwanda
issued first conviction for genocide condemning Rwandan
Mayor Jean Paul Akayesu and justice done to Tutis. Similarly
from the theatre of Eelam war obeying the resolution of the
UN Security Council, the freedom fighters expressed
willingness to surrender arms to a neutral country, they
announced that their guns will become silent, they pleaded
for ensuring safe passage for 25000 civilians wounded in the
combat zone. But unmindful of the conscience of the
humanity and comity of nations Srilankan President
Mr.Mahinda Rajapakshe went ahead in his war of ethnic
cleansing and committed the gravest crime of genocide. We
hope UN and other bodies will belatedly deliver justice to out
Tamil kinsmen. After all wars are essential to test newly
invented weaponry and China with its single minded pursuit
to encircle India and to teach India a lesson for its
involvement in Tibet, provided all the arms of mass

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destruction and chemical weapons to the blood thirsty war
mongers of Srilanka.

India tells UN that it has complied with Weapons


Convention : Chemical Arms Destroyed says a news in
English Daily :Deccan Chronicle of 15 th May 2009.The
news paper says that India has informed the United Nations
that it has destroyed its stockpile of chemical weapons in
compliance with International Chemical Weapons
Convention. Though the Government of India had notified on
26th of March 2009 on the fulfillment of its obligation to
completely destroy its declared chemical weapons stockpile,
the news was broken a day before the counting of votes in
recently held Indian elections were to begin. If the news had
broken in March 26th, there would not have arisen doubts in
the minds of Indian Tamils. That is internal matter of India.
Here the purpose is to urge the Public Prosecutor to find out
how come and wherefrom Srilanka obtained its chemical
bombs and weapons?

Let me begin my complaint by quoting UN documents itself


Sri Lanka: UN expert on genocide prevention

Calls for end to conflict

Overcrowding remains a problem at the transit/IDP sites in


Vavuniya, Sri Lanka
15 May 2009 – Secretary-General Ban Ki-moon's Special
Adviser on the prevention of genocide today said that “it
is not too late” for Sri Lanka's Government forces and rebels
to end their brutal conflict, underscoring the toll the
clashes are taking on civilians.

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“This polarizing conflict is identity-related with ethnicity and
religion as deeply divisive factors,” he said. “It will not end
with winners and losers and it cannot be ended solely
through a military victory that may not be sustainable in the
long-run unless legitimate grievances are addressed.”

Mr.Deng underscored that women and girls are particularly


vulnerable to “excesses of conflict,” stressing that the
Government is legally obligated to give them special
protection. He called on authorities to allow the UN and
other agencies “full and unfettered access to all
civilians and detainees.”

Mr.Kälin also expressed his concern over the dire living


conditions in camps for internally displaced persons (IDPs)
who escaped the conflict, with the influx of an additional
110,000 people during the last 10 days of April posing further
challenges for the Government and its humanitarian
partners. “Ensuring adequate humanitarian assistance to
internally displaced persons is first and foremost a
Government responsibility, especially since the Government
decided to intern them in camps, citing security
concerns,” he said, adding that authorities continue to
hold nearly 200,000 IDPs in temporary camps.

The Office for the Coordination of Humanitarian Affairs


(OCHA) today reiterated that the loss of civilian life and
the situation of those trapped in the conflict zone are
unacceptable, deploring the use of heavy weapons and of
civilians as human shields.

The Office of the High Commissioner for Human Rights


(OHCHR) said today that it believes that an independent
commission of inquiry is needed given the conduct of
this war and the number of civilians who have been
killed.

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Patients, medical staff, aid workers, and other witnesses
have provided Human Rights Watch with information about
at least 30 attacks on permanent and makeshift hospitals in
the combat area since December 2008. One of the deadliest
took place on May 2, when artillery shells struck Mullaivaikal
hospital in the government-declared "no-fire zone," killing 68
persons and wounding 87.

• HRW: List of attacked hospitals

HRW quoted “several independent sources” as saying that


each time a hospital was established in a new location, the
doctors transmitted GPS coordinates of the facility to the Sri
Lankan government to ensure that the facility would be
protected from military attack. Medical staff said that, on
several occasions, attacks occurred on the day after the
coordinates had been transmitted. “Permanent and
makeshift hospitals within LTTE-controlled territory continue
to receive hundreds of patients daily. Many arrive wounded
from the fighting, while others are sick due to inadequate
sanitation, and acute shortages of food and clean water,”
HRW said.

"Hospitals are supposed to be sanctuaries from shelling, not


targets," Adams said." Repeated Sri Lankan artillery attacks
striking known hospitals is evidence of war crimes," he
added. "The government cannot hide behind LTTE atrocities
to justify their own unlawful acts.”HRW has criticized both the
Sri Lankan armed forces and the Liberation Tigers of Tamil
Eelam (LTTE) for numerous violations of the laws of war
during the recent fighting.

UN experts demand international scrutiny in Sri Lanka

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Four UN Human Rights Council experts on right to health,
food, water, and sanitation, in a statement said that "there is
good reason to believe that thousands of civilians have been
killed in the past three months alone, and yet the Sri Lankan
Government has yet to account for the casualties, or to
provide access to the war zone for journalists and
humanitarian monitors of any type," and that "shipments of
food and medicine to the "no fire zone" have been grossly
insufficient over the past month and the Government has
reportedly delayed or denied timely shipment of life saving
medicines as well as to chlorine tablets," and urged the U.N.
to establish a commission to address the critical human
rights situation, and demand full respect to human rights.

Philip Alston, Professor of Law and Faculty Director of the


Center for Human Rights and Global Justice at New York
University School of Law, appointed Special Rapporteur in
2004 by the United Nations Commission on Human Rights,
Mr. Anand Grover, appointed Special Rapporteur in 2008 by
the United Nations Human Rights Council, Mr. Olivier De
Schutter was appointed Special Rapporteur in 2008, and Ms.
Catarina de Albuquerque began her work as Independent
Expert on the issue of human rights obligations related to
access to safe drinking water and sanitation in November
2008, signed the statement. Full text of the statement
follows: current humanitarian crisis in Sri Lanka gives cause
for deep concern, not only in terms of the number of civilians
who have been and continue to be killed, but because of a
dramatic lack of transparency and accountability. "There is
good reason to believe that thousands of civilians have been
killed in the past three months alone, and yet the Sri Lankan
Government has yet to account for the casualties, or to
provide access to the war zone for journalists and
humanitarian monitors of any type", said Philip Alston, the
UN expert on summary executions. The continuing
catastrophic situation of civilians in Sri Lanka trapped in the
midst of fighting between the Sri Lankan army and the LTTE,
in an area measuring less than 10 sq km, must be
immediately addressed. "These civilians do not have

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sufficient access to food, essential medical supplies or
services and safe water and sanitation. Even if they do
escape death or injury at the hands of the hostile parties,
their continued presence in this area without access to these
basic rights is an effective death sentence," declared the
Experts of the UN Human Rights Council. "The safety of
civilians, including their safe passage out of the conflict zone,
must be prioritized by all actors involved" said the Experts.
While many thousands of civilians have now left this area,
the Experts maintained their concern about the safety of
more than 50,000 estimated by the UN to still remain.
Shipments of food and medicine to the "no fire zone" have
been grossly insufficient over the past month and the
Government has reportedly delayed or denied timely
shipment of life saving medicines as well as to chlorine
tablets. "As a result of the blackout on independent
information sources, it is impossible to verify any of the
Government's claims as to the number of casualties to date
or as to the steps that it says it is taking in order to minimize
the further killing of innocent civilians, and ensure delivery of
humanitarian assistance", said the Experts. "When people
manage to escape, they reportedly continue to face scant
supplies, entirely insufficient access to adequate medical
treatment and severely overcrowded hospitals, providing no
relief to the horrors they had been living," remarked Anand
Grover, the UN expert on the right to health. "Access to food
has also been hampered by arduous and lengthy registration
procedures for the internally displaced persons; the
desperation and chaos witnessed in some cases show that
the situation is critical," said Olivier De Schutter, the UN
expert on the right to food. Catarina de Albuquerque, the UN
expert on water and sanitation, also expressed concern
about "water shortages reported at Omanthai and at most of
the transit sites as well as inadequate sanitation facilities,
which put the health and lives of the population at further
risk." The Government must take urgent measures with the
assistance of the international community to ensure that
security concerns do not result in unjustifiable suffering. The
Experts called upon the Sri Lankan Government to provide

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convincing evidence to the international community that it is
respecting its obligations under human rights and
international humanitarian law. It is also clear that the LTTE,
for its part, has acted in flagrant violation of the applicable
norms by preventing civilians from leaving the conflict area
and having reportedly shot and killed those trying to flee.
"There is an urgent need to establish an international
commission of inquiry to document the events of recent
months and to monitor ongoing developments." The Experts
called upon the UN Human Rights Council to establish such
a commission, as a matter of urgency, to address the critical
situation in Sri Lanka, and demand full respect for all human
rights. Any such inquiry should study the conduct of all sides
to the conflict.

Sri Lanka in "interminable and intractable crisis"- UN

Even before the genocidal war was started by Government


of Srilanka at the behest of President Mahinda Rajapakshe
i.e. on Monday, 23 October 2006, Prof. Philip Alston, United
Nation's Special Rapporteur on extrajudicial, summary or
arbitrary executions, speaking to the United Nations General
Assembly, Third Committee, 20 October 2006, said that the
"dramatic attacks in recent days and spiraling number of
extrajudicial executions" indicate that "Sri Lanka is not so
much on the brink of a new crisis but, instead, only in the
midst of an interminable and intractable crisis that has
already exhausted its fair share of international attention,"
and called upon the United Nations Secretariat to "establish
a full-fledged international human rights monitoring mission
in Sri Lanka."

• Prof. Alston's address to UN Assembly

• Prof. Alston's Report on Extra-judicial killings

"Widespread violence during a


faltering ceasefire is not the same as
an all-out civil war that costs tens of

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thousands of lives. Real progress has been made over the
past four years, and nothing that has happened in these past
few months has made achieving a sustainable peace
founded on respect for human rights impossible. But there is
little reason to think that the opportunity will be available for
much longer," Prof. Alston warned.

He said although the "issue was placed squarely before the


Human Rights Council last month but the signals are that
any action the Council might take in November will do very
little to make a difference as this tragic situation swells and
threatens to reach bursting point." The following challenges
should be immediately addressed, Prof. Alston told the UN
assembly:

• To acknowledge the need for significantly more


sustained and high-level international involvement
• To accept the fact that there is no national institution
capable of monitoring human rights throughout Sri
Lanka, and To establish an effective international
human rights monitoring presence.

In the report Prof Alston presented, he said: "The Sri Lanka


Government should not, however, interpret the widespread
proscription of LTTE as a terrorist organization as an
endorsement of its own record. Neither its past nor its
present conduct would justify great faith in its ability to
respect equally the rights of all citizens. Indeed, it is an
enduring scandal that there have been virtually no
convictions of government officials for killing Tamils,
and many Tamils doubt that the rule of law will protect
their lives." The warning from Prof.Alston comes in the
wake of assurances given by Sri Lanka's President "of
his intention to invite an international commission to
inquire into recent killings, disappearances and
abductions in Sri Lanka." Human Rights bodies have
raised serious doubts of the bona fides of Sri Lanka
Government's intentions to set up an independent
Rights body with international participation.

20
"Unless the government has announced something new,
they have been calling for a Local Commission of Inquiry
(COI) with international observers. However that is different
from a human rights monitoring mission," Senior Legal
Advisor, Human Rights Watch, New York, James Ross
told The Sunday Leader." Just having international
observers is insufficient as international monitors need
to play a more direct role to ensure that the commission
is independent and impartial and would report its
findings publicly," Ross said, Sunday Leader reported.
The New York based Human Rights Watch (HRW) sent a
fact-finding mission to Sri Lanka has also denied government
claims that they had decided to send observers to the local
commission, the paper further said. According to Ross, HRW
has not held any discussions with the government on the
establishment of the Commission of Inquiry nor had the
terms of reference for such a commission been discussed.
The government had earlier in the month said that a eight
member local commission headed by a Supreme Court
judge with international representatives as observers would
be set up in order to investigate human rights violations, the
Leader reported.

British Parliamentarians call for UK to rein in Sri Lanka

Wednesday, 12 March 2008

A group of Parliamentarians from all of Britain’s main


political parties condemned the assassination last week
of Tamil National Alliance (TNA) MP K Sivanesan and,
lamenting the recent exit of the international panel
overseeing rights abuses probes in Sri Lanka, called on
the UK government to take all possible steps to ensure
that Government of Sri Lanka plays by accepted
international rules.

The British All Party Parliamentary Group (APPG) for


Tamils expressed its serious concern at the decision of

21
the International Independent Group of Eminent Persons
(IIGEP) - headed by former Indian Chief Justice P N
Bhagwati to terminate its operations in Sri Lanka.
“Violence in Sri Lanka remains terribly and unacceptably
high.

The British APPG for Tamils deplores all killings and


assassinations including the assassination of K.
Sivanesan, a democratically elected member of the Sri
Lankan parliament,” the MPs, said. “The decision by the
IIGEP to terminate operations raises serious questions
about the claims made by the Government of Sri Lanka
that it is taking all efforts to uphold human rights. “It is
extremely worrying that a reputable body such as the
IIGEP has now concluded that there is no further use for
it in probing the abductions, disappearances and extra-
judicial killings which the Group was invited to
investigate in September 2006” The APPG welcomed
comments by British Foreign Minister Lord Malloch-Brown at
the UN Human Rights Council in which he criticized the Sri
Lankan government of President Mahinda Rajapakse. “We
will now be asking the British Foreign Secretary to consider
what other action is available to the British government and
to take all possible steps to ensure that Government of Sri
Lanka plays by accepted international rules,” the APPG said.

“A political solution to the continuing conflict in Sri Lanka is


as vital now as ever. There must be an end to the spiral of
violence if the seventh decade of an independent Sri Lanka
is to be one of justice, peace and prosperity.” The APPG for
Tamils includes Parliamentarians from the ruling Labour
party and the main opposition parties, the Conservatives and
Liberal Democrats, as well as the Scottish National Party.

SRILANKAN GOVERNMENT LACKS WILL

TO BRING JUSTICE– IIGEP

08 March 2008

22
A lack of will on the part of the Government of Sri Lanka was
one factor in the International Independent Group of Eminent
Persons (IIGEP) terminating its operations in Sri Lanka, Prof.
Sir. Nigel Rodley, representing Britain in the International
Independent Group of Eminent Persons (IIGEP), told BBC
Tamil service in an interview.

Sir Nigel Rodley (Photo: BBC)

“It was I think a lack of will ... they certainly didn’t


have the money in order to have full servicing
from the private bar,” Sir Nigel Rodley said on
being asked by the BBC Tamil service
correspondent whether it was administrative
problems or the lack of determination to
maintain law and justice, or disinterest on the
part of GoSL which ended in the termination of the
operations of IIGEP in Sri Lanka.

"We felt that there were shortcomings in the structure of the


Commission of Inquiry and the duty of IIGEP was to find
what was wrong in the investigations of Commission and the
reason for the perpetrators of the crimes involved escaping
the arms of the law.” The Attorney General’s presence in the
Commission and the participation of his office in the
commission was a factor that reduced the credibility of
commission," Sir Nigel Rodley said in his interview."Sri
Lanka was accused yesterday of widespread abductions
in its counter-insurgency operations against the Tamil
Tigers, making the country one of the worst in the world
for 'disappearances,'" said The Guardian, a British daily,
in its Friday edition.

"The Presidential Commission was so obviously an eye-


wash and the IIGEP was only called upon to give
respectability to a very deliberate design to subvert the
process of law for which purpose alone this
Commission was appointed," said Asian Human Rights
Commission (AHRC), a Hong Kong-based Rights watchdog,

23
in a press release issued Friday.
Meanwhile, Dr. Manohar, the father of Rajivar, one of the five
university students killed in Trincomalee in January 2006,
told BBC Tamil service Thursday,

“Sri Lanka Government realized the danger of being


exposed if IIGEP continued to monitor the Commission
of Inquiry (CoI) investigating into the killings and was
worried of the repercussions on the IIGEP's move to
take the issue to levels of international standards.”
“Now that I am out of Sri Lanka I am no longer afraid to
state that it was the Sri Lanka Army (SLA) troops who
killed my son,” Dr. Manohar added.

“The IIGEP monitored the investigation of the Commission of


Inquiry and was moving it to international standards which
were something the Government of Srilanka could not put up
with and that is why it applied pressure on the IIGET forcing
it to terminate its service,” Dr. Manohar said. GoSL says that
it is unable to continue investigations because witnesses do
not turn up at the trials, the BBC correspondent told Dr.
Manohar and sought his response in the interview. “No one
will come forward to bear witness because whoever who
dared to so had been killed,” Dr. Mahohar replied. “It was
very dangerous to speak the truth and I admit that I too was
scared to bear witness that it was the SLA troops who killed
my son and other four youths in Trincomalee,” he said. “Two
of the students in the group, seriously injured in the grenade
attack which killed the others, had testified in the inquest into
deaths that it was the SLA troops that killed their five
colleagues. ”“Even though the two are now in countries away
from Sri Lanka they will not come forward to bear witness
because of the danger to the lives of their parents and
siblings who still are in Sri Lanka,” Dr. Manohar told.

“There have been many commissions of inquiry appointed to


investigate into the human rights violation in Sri Lanka but
none of them had been of any use because Sri Lanka
government will do what it wants,” he told BBC. The only way

24
to find justice is to take these cases of gross human rights
violations to the International Courts of Justice and
international agencies like UN should intervene to offer
direction and help to Sri Lanka and the commissions to bring
justice to the Tamils in Sri Lanka

The International Independent Group of Eminent Persons


(IIGEP), headed by P N Bhagwati, former Indian Chief
Justice, decided to terminate its operations in Sri Lanka,
according to a statement issued by the IIGEP on Thursday.
"The IIGEP is of the opinion that there has not been the
minimum level of trust necessary for the success of the work
of the commission and the IIGEP," an AFP report has quoted
a statement by the IIGEP. Trincomalee residents were
shocked and angered over the killing of five old students of
Trincomalee Sri Koneswara Hindu College in a grenade
attack alleged by Sri Lanka Army (SLA) soldiers on 2
January at about 7.50 p.m. Two old students, one from Sri
Koneswara Hindu College and another from St.Joseph’s
College in Trincomalee were warded in the intensive care
unit (ICU) of the Trincomalee general hospital. All the dead
and injured were identified as Tamils and below the age of
20 years. Two of the dead students have gained university
admission for the current academic year, police sources
said.

IIGEP faults Commission of lacking Independence,


Timeliness

Monday, 11 June 2007, International Independent Group of


Eminent Persons (IIGEP), in a report released to the
President of Sri Lanka on 1st June on the President’s
Commission of Inquiry to Investigate and Inquire into Alleged
Serious Violations of Human Rights, said: "We have
identified and raised a number of concerns with the
Commission and the Government of Sri Lanka. We
remain concerned that current measures taken by the
Government of Sri Lanka and the Commission to
address issues such as the independence of the

25
Commission, timeliness and witness protection are not
adequate and do not satisfy international norms and
standards."

Justice P.N. Bhagwati


On the issue on independence, the report signed by P N
Bhagwati Chairman, IIGEP, said" "The Attorney General’s
Department is the Chief Legal Adviser to the
Government of Sri Lanka. Members of the
Attorney General’s Department have been
involved in the original investigations into
those cases subject to further investigation
by the Commission itself. As such,
members of the Attorney General’s
Department may find that they are investigating
themselves. Furthermore, it is possible that they be
called as material witnesses before the Commission. We
consider these to be serious conflicts of interest, which
lack transparency and compromise national and
international
standards of IIGEP Report and SL Govt.
independence and Response
impartiality that are
central to the credibility and public confidence of the
Commission. "The IIGEP accused the Commission of not
executing the expected investigations in a timely
manner.”We are concerned that the Commission did not
commence even preliminary investigations and inquiries until
May 2007, despite being constituted six months earlier in
November 2006. To date, internal processes have not been
transparent; no detailed work plan has been announced;
essential staff have not yet been fully recruited; investigative
and witness protection units are not functioning; and
significantly, evidence already known to be in the possession
of Governmental bodies relating to the cases has not been
gathered and transmitted to us. Such unnecessary delays
undermine public confidence in the ability of the Commission
to carry out its mandate in a timely manner," the report said.
The report also criticized the CoI for not enacting appropriate

26
"legislation that accords with international norms and
standards" to protect victims and witnesses.

"The public statements from State officials are creating the


misleading impression that the Commission and IIGEP have
wide mandates and powers and the resources to address
ongoing alleged human rights violations in Sri Lanka. This is
not the case. In the current context, in particular, the
apparent renewed systematic practice of enforced
disappearance and the killings of Red Cross workers, it is
critical that the Commission and IIGEP not be portrayed as a
substitute for robust, effective measures including national
and international human rights monitoring," the report said.
According to an announcement made on 6 September 2006,
Sri Lanka's President invited an International Independent
Group of Eminent Persons (IIGEP) to act as observers of the
activities of the Commission [consisting of Sri Lanka
nationals] which was mandated to investigate alleged
abductions, disappearances and extra judicial killings.

COMMISSION OF INQUIRY-

Amnesty INTERNATIONAL EXPOSES

November 2006, Amnesty International said


that the Commission of Inquiries consisting of
8 Sri Lankan nationals, and the International
Independent Group of eminent Persons (IIGEP) of
foreign nationals to act as observers, as announced by
Sri Lanka's President, lack "credibility and confidence of
parties to the conflict and sections of the society to be
able to conduct meaningful investigations, obtain critical
testimony or information from witnesses and gain the
acceptance of its recommendations by all relevant
parties," in a report issued 17 November, and declined
to nominate an AI member to stand as candidate to
IIGEP.

27
Contrary to Mr. Rajapakse's announcement on 4 September
2006 that Sri Lanka government would "invite an
international independent commission to probe abductions,
disappearances and extra-judicial killings," Mr. Rajapakse on
6 September 2006, instead announced that "he would invite
an International Independent Group of Eminent Persons
(IIGEP) to act as observers of the activities of the
Commission consisting of Sri Lanka nationals] which will
investigate alleged abductions, disappearances and extra
judicial killings," Amnesty
AI's observations on CoI,
said. "In light of decades
IIEGP
of impunity for
perpetrators of violations of international human rights
and humanitarian law in Sri Lanka, characterized by the
failure of the authorities to investigate and prosecute
such perpetrators effectively, only an international and
independent Commission would have the credibility and
confidence of all parties to the conflict and sections of
society," Amnesty added. Amnesty expressed serious
concerns on the functioning of the CoI established
under the Commissions of Inquiry Act No. 17 of 1948.
The Act grants the President the power to:

• set the terms of reference of the Commission of Inquiry


and appoint all its members (sec.2);
• add new members at his/her discretion (sec. 3); revoke
the warrant establishing the Commission at any time
(sec. 4); and
• appoint the Commission’s secretary (sec. 19) without
needing to consult the Commission or its chairperson.

Amnesty said. The Amnesty said further that "The decision


as to whether the inquiry – "or any part thereof" is to be
public also rests solely with the President (sec. 2(2) (d)). In
addition, there are no provisions in the Act requiring that the
reports or recommendations of the Commission are made
public. "Amnesty International is concerned that these and
other provisions, which grant the President a wide discretion,
may undermine the independence and impartiality of the

28
COI, as well as the Commission’s ability to inspire public
confidence and interact freely with the public. Accordingly
these factors may undermine the willingness of the public to
engage with the COI and to come forward with evidence, the
report said. Amnesty called on Sri Lanka's President to add
independent, impartial and competent international experts
to the proposed COL and to ensure that the COI’s work is
developed in consultation with a representative profile of civil
society, including NGOs.

Dravida Peravai had taken pains to quote very few


Reports from various sources spanning over past few
years to drive home to the Office of the Public
Prosecutor that we Indian Tamils are urging your probe
not as an act of vendetta against the victor Srilankan
President Mahinda Rajapakshe in the war against
Tamils.

We in fact are producing evidences beyond his term and


even before his arrival in the scene, to emphasize that all
Sinhalese Governments more or less were adopting the
same policy to ethnic cleanse, and the charges against
current Government is but a continuation of those
charges, which in overall context must be probed in
totality.

BACKGROUND:

"At the end of July 1983, Sri Lanka witnessed its worst
outburst of ethnic violence since independence, causing
severe loss of life and property to the Tamil minority..... A
(Sri Lanka) government spokesman has denied that the
destruction and killing of Tamils amounted to genocide.
Under the Convention on the Prevention and Punishment of

29
the Crime of Genocide, acts of murder committed with intent
to destroy, in whole or in part, a national, ethnical, racial or
religious group as such are considered as acts of genocide.
The evidence points clearly to the conclusion that the
violence of the Sinhalese rioters on the Tamils amounted to
acts of genocide." - The International Commission of
Jurists Review, December 1983

" ..The present conflict has transcended the special


consideration of minority rights and has reached the point
where the basic human rights of the Tamil community - the
rights to life and property, freedom of speech and self
expression and freedom from arbitrary arrest have in fact
and in law been subject to gross and continued violations.
Tamils of Sri Lanka: Minority Rights Group Report,
September 1983

"The ethnic violence which erupted in Sri Lanka in July 1983


brought untold misery to the Tamils. They were beaten,
hacked and burnt to death in a frenzy of racial hatred. Their
houses and businesses were selectively looted and
destroyed. The Sri Lankan government had admitted that the
violence was pre planned and well organized and that even
sections of the security forces joined in the attack against the
Tamils. . . Yet to date no impartial inquiry into these violent
attacks has taken place. Amnesty International (AI) recently
reported a number of cases of extrajudicial killings and
secret disposal of bodies without inquest or post mortem.
The Amnesty International and the International Commission
of Jurists (ICJ) have also reported on a number of cases of
torture and death in custody of persons detained
incommunicado for period up to 18 months under the Sri
Lankan Prevention of Terrorism Act.' No legislation
conferring remotely comparable powers is in force in any
other free democracy... such a provision is an ugly blot on
the statute book of any civilized country'(International
Commission of Jurists).

30
[David Alton MP, Paddy Ashdown MP, Norman Atkinson MP,
Tony Banks MP, Prof John Barret, Kevin Barron MP, Alan
Beith MP, Tony Benn MP, Gerry Birmingham M.P., Prof Tom
Bottomore, Sydney Bidwell MP, Malcolm Bruce MP, Dale
Campbell-Savors MP, Dennis Canavan MP, Alex Carlile MP,
Tom Clarke MP, Bob Clay MP, Anne Clwyd MP, Harry
Cohan MP, Jeremy Corbyn MP, Ron Davis MP, Eric Deakins
MP, Alf Dubs MP, Professor Michael Dummet, Derek
Fatchett MP, Mark Fisher MP, Martin Flanrcery MP, Roy
Hattersley MP, MichaelFoot MP, Simon W.H. HughesMP,
Lord Jenkins, RusselJohnston MP, Sir David Lane" Robert
Kilroy Silk MP, Archy Kirkwood MP, Ted Knight, Terry Lewis
MP, Bob Lither land MP, Ken Livingstone,
TonyLloydMP,EddieLoydenMP,MaxMaddenMP,JoanMaynar
dMP, Willie McKelvy MP, Bill Michael MP, Dr.Paul Noone,
Bob Parry MP, Alan Roberts MP, Ernie Roberts MP, Allan
Rogers MP, Aubrey Rose, Ernie Ross MP, Steven Ross MP,
Clare Short MP, Dennis Skinner MP, Prof Peter Townsend,
Jim Wallace MP, Gareth Wardell MP, Dafydd Wigley MP ,
The Guardian, 28 July 1984]

Srilanka is tying to kill or terrorize as many Tamils as


possible accuses Margaret Trawick, Professor of Social
Anthropology, Massey University Palmerton North, New
Zealand 28 April 1996

."I have been reading reports about the SLA's northward


march with mounting despair. At first, the reports coming
from the SL military and from the LTTE appeared
diametrically opposed. The military said that displaced
Tamils were returning north to their homes voluntarily; the
LTTE said they were fleeing across the lagoon to the
mainland. The military reported that there were bodies laying
around that the LTTE hadn't picked up, and the Tigers were
chastised for being so disrespectful of their own dead. The
LTTE responded with a brief silence. Then the reports began
to converge. The LTTE also reported that there were bodies
lying around that, indeed, it had not had the capacity to bury
properly. Not only LTTE bodies, but civilian bodies. Now

31
according to the Reuters report, the military says it has
captured the key lagoon crossing, "to halt the flow of
hundreds of Tamil civilians fleeing the peninsula."

The Defense Ministry appears to admit that the people


traveling north were trapped and forced in that direction by
the advancing army. The LTTE has reported that fleeing
Tamil civilians have been subject to strafing and shelling by
the army; military officials say that "hundreds of Tamil
civilians are risking being shot at" to flee to safety across the
lagoon. One may well ask these military officials who exactly
is shooting at these fleeing civilians. Meanwhile those who
travel north into the Valigamam area are, according to the
military, "screened to ensure there is no LTTE infiltration,"
while the LTTE reports that all young Tamil men and women
entering Valigamam are being arrested and being taken in
for questioning, which is the only thing (in this context, and in
my view) that "screening" could mean.

No journalists or outside reporters or observers of any kind


are allowed into the north. No aid of any kind is allowed into
areas that are not "controlled by the military." Such areas are
being shelled as enemy territory... I have been struggling in
my mind against the conclusion that the SL government is
trying to kill or terrorize as many Tamil people as possible;
that the government is trying to keep the conditions of the
war unreported internationally, because if those conditions
were reported, the actions of the military would be perceived
as so deplorable that foreign nations would have no choice
but to condemn them. And this would be embarrassing to
everybody. But it seems now that no other conclusion is
possible...

Sri Lanka's Reprisal Killings of Tamil non combatants

32
The bullet-ridden bodies of Sivarasa Krishna and Palanivel
Gunasingham were found at Selvanayagapuram in
Trincomalee on-29 May. The two Tamil youths had been
abducted in a white van the previous night from
Anbuvalipuram. White vans are associated with military
death squads and a number of people abducted have
disappeared. Tamil MP M Chandrakumar says in a letter to
President Chandrika that white vans are creating widespread
fear and has called for immediate inquiry. Observers say
abductions are the Army's response to Tiger attacks. - Sri
Lanka Monitor, published by British Refugee Council,
May 1996

"Police (mostly STF officers) and army personnel committed


extrajudicial killings in both Jaffna and the Eastern
Province... In February 1996 army troops murdered 24 Tamil
villagers, including 2 children less than 12 years of age, in
the eastern village of Kumarapuram. ... In some cases these
extrajudicial killings were reprisals against civilians for LTTE
attacks in which members of the security forces were killed
or injured. Several such reprisals occurred during operations
by the STF. In many cases, the security forces claimed that
the victims were members of the LTTE. However, human
rights monitors have determined that these victims were
civilians. ... There were also a number of suspicious deaths
attributed to the security forces, mostly involving
detainees..." - U.S. Department of State, Sri Lanka
Country Report on Human Rights Practices for 1996,
January 1997

"Sri Lankan forces stationed at Elephant Pass have directed


artillery shells at the Kilinochi hospital. The attack is thought
to have been the army's retaliation for the fall of Mullaitivu.
The indiscriminate shelling resulted in the deaths of five
civilians. Another sixteen were wounded. Those injured
included the head of the Sri Lankan Red Cross
Mr.Vinayagamoorthy. Many who had lost their limbs in the
attack have been dispatched to the hospital at Vavunya.
Also in retaliation for the fall of Mullativu Sri Lankan soldiers

33
stationed at the Thandikulam barrier fired on Tamil civilians
who were waiting to cross the barrier. Mortar shells and
bullets were directed towards the people by the army." -
Tamil Monitor, 29 July 1996

All branches of the security forces as well as Muslim and


Sinhalese home guards and armed cadres of Tamil groups
opposed to the LTTE were cited by survivors and witnesses
as responsible for human rights violations, including
extrajudicial executions, "disappearances", torture and
arbitrary arrest and detention. Some of the violations
apparently took place in reprisal for attacks by the LTTE... -
Amnesty International Report, September 1996

Trial by Fire:

National Geographic Explorer Programme on Sri Lanka,


broadcast on TBS on 2 December 1996 Patricia
Lawrence, Anthropological Consultant for the Film,
Anthropolgy Department, Colorado University.

The film examines a Tamil family's response to the


government's practices of arrest and imprisonment under
emergency law in the eastern District of Batticaloa. The story
unfolds through the voice of a young Tamil mother whose
husband has "disappeared" and whose brother has been
transferred from a local detention center to Kalutara prison in
the south.

In connection with this program I might mention that I have


received "hate mail" from Sinhalese viewers, telephone calls
from the State Dept, and a wheel chair for a Tamil father who
had both hips broken during interrogation-he was held for
three years in a number of prisons and as his fractured hips
were never treated he suffers a permanently frozen pelvic
girdle. There should be a fund for Tamil people who suffer
permanent physical injuries as a result of torture. I would like
to congratulate National Geographic for the recent airing of
"Trial by Fire," a documentary which presents a profile of one

34
young Tamil mother `s struggle in eastern Sri Lanka, a
region cordoned-off from the rest of the island by
government military forces since 1990. Her husband is listed
among the tens of thousands of Tamil people who have
"disappeared" in this Tamil-speaking region. Her brother was
arrested, interrogated and imprisoned without charge under
the government's emergency regulations. She is urgently in
need of employment. The circumstances of her life are not
atypical in eastern Sri Lanka, where Tamil families have
suffered 14 years of civil war. National Geographic's
documentary has provoked official protest from the Sri
Lankan embassy and a flood of messages from Sri Lankan
Tamil people living in the United States and Canada who
expressed gratitude for media acknowledgment of the
human impact of the protracted war-even though, as
National Geographic has stated, "much of the political
content was virtually eliminated."

The transmission of "Trial by Fire" coincides with the


US State Department's approval of the sale of lethal
weaponry to the government of Sri Lanka-even in a
historical moment when human rights conditions are
deteriorating on the island.

The idea of endeavoring to send a film crew into eastern Sri


Lanka arose at the 1995 American Anthropological
Association meetings in Washington D.C., where a BBC
-Granada film director listened to my presentation of
ethnographic material about survivors of torture and families
of the "disappeared" in Batticaloa District. When I agreed to
work as anthropological consultant for the film project, I was
frank about ethical-political problems and my doubts that we
could overcome government censorship on life inside the
Tamil-speaking areas. Yet we succeeded in carrying out the
film project in Batticaloa District, under the shadow of daily
government intelligence and counter-subversive unit
scrutiny, and difficulties of movement under the de facto
military regime in the eastern coastal plain. The greatest
obstacle, however, was finding people who could speak on

35
camera in a population so vulnerable to human rights
atrocities. The segments of film aired in "Trial by Fire"
depended largely upon the collaborative effort of five women.
We encouraged one another and worked together in the face
of uncertainty about the consequences of our acts. Brian
Moser of the "Disappearing Worlds" series directed the film
crew. The larger film project produced more than 30 times
the footage transmitted in the National Geographic show.
This footage serves as material for several documentary
films. An hour-long BBC documentary to be aired early
next year in the UK incorporates local Tamil people's
narratives on the recent history of retaliation killings and
mass extrajudicial executions, indiscriminate shelling,
and intense social suffering of Tamil people...

Control over editing, scripts and voice-over was not granted


to me as anthropological consultant, following the usual
policy. Some important film segments pertinent to this story
were deleted in the editing process. For example, narratives
on the prisoner's experience of torture were cut as were
discussions between the prisoner's sister, wife and the
human rights lawyer which reveal how abduction, ill
treatment, forced confession, incommunicado detention and
long-term detention without charge is facilitated by
emergency law and the Prevention of Terrorism act in Sri
Lanka. As an ethnographer, I wished to hear the original
words of the speakers - for the voices of ordinary Tamil
people are hardest to hear outside the war zone. The use of
voice-over instead of subtitles contributes to distortion and
misrepresentation. I regretted the editors' selection of
titillating film segments of "exoticized" local religious
practices. It is interesting, however, that the written
responses of Sri Lankan Tamil viewers lack criticism of the
exoticization of Tamil "otherness" portrayed in scenes of the
resurgence of local Amman temple ritual. The overwhelming
concern expressed by Tamil viewers was that in spite of rigid
censorship a message about the desperate plight of Tamil
people who endure and bear violent repression succeeded in
reaching an international audience. Emergency powers have

36
been used by successive governments in Sri Lanka to close
newspapers, to prevent camera equipment and journalists
from entering areas of active conflict, enable government
security forces to destroy evidence of possible extrajudicial
executions, and to prohibit distribution of academic writing
and information about human rights violations. For more than
26 of the past 42 years Sri Lanka has been ruled under a
declared state of emergency. From the perspective of many
local families with whom I have lived in the eastern war zone
between 1991 and 1996, this is a historical moment when
there is no room for dissent. These families live in an
uncertain world where the rule is to "keep quiet"
(maunamaka irukkavum; amaityaka irukkavum) about broken
connections in the closest circle of human relationships.

The question I am left with is how can we, as South Asian


scholars, follow in the footsteps of this film project and
contribute more effective responses to political silencing of
severe human rights crises?

Tamil Civilians disappearing says TULF MP

A Tamil MP has alleged that about 300 persons


disappeared" during the last three months while in Army
custody in the Government-controlled Jaffna peninsula. Mr.
Joseph Pararajasingham, TULF MP, said in a letter to the
President, Ms. Chandrika Kumaratunga: "Disappearances
while in Army custody are increasing day by day in the Army-
controlled peninsula. I am reliably informed that during the
last three months about 300 disappearances while in Army
custody are reported to have taken place in Jaffna."

Mr. Joseph stated in his November 21 letter that six decayed


bodies of Tamil civilians had been found on November 18 in
the Tenamarachchi portion of the peninsula. "These are
civilians arrested by the Army in the first week of October
1996 and when the relatives inquired from the Army
authorities immediately after their arrest they were informed
that none of them was taken into custody by the Army. The

37
bodies of these unfortunate civilians found in a decomposed
state were discovered by the local residents of the area," Mr.
Joseph alleged in his letter. According to the MP, four of the
six bodies had been identified as Ponnu Alagaretnam (33),
Kandiah Thiyagarajah (44), Kandiah Kulendrarajah and
Thamu Manickam (43). While the first three named were
residents of Eluthumadduval, Manickam hailed from
Mirusuvil. Mr. Joseph, who has given a list of 24
"disappeared" persons, said unless immediate action was
taken against the offenders such cases would bring "discredit
to the Government". Mr. Joseph called upon the President to
appoint a commission of inquiry into the disappearances
from August 1996 in Jaffna and a judicial inquiry into the
killing of the six civilians in Tenamarachchi. [- Hindu Report
from Amit Baruah, 23 November 1996]

[Mr.Joseph Pararajasingam and Nandhivarman in New Delhi


1997]

Article URL: http://www.tamilcanadian.com/page.php?id=503

BACKGROUND INFORMATION

Since the security forces regained control over the Jaffna


peninsula from the Liberation Tigers of Tamil Eelam (LTTE)
in late 1995 - early 1996, there have been continuing reports
of arbitrary arrests and torture, including rape, and
'disappearances' in custody. In particular the number of’
disappearances' reported has been of serious concern.
Amnesty International has so far submitted more than 200
cases of people who were seen taken into custody but
whose detention was subsequently denied by the security

38
forces to President Chandrika Bandaranaike Kumaratunga. It
has urged that an independent and impartial investigation be
instituted to establish their fate or whereabouts. Local human
rights organizations and Tamil members of parliament have
also repeatedly brought cases of 'disappearances' to the
attention of the President and other authorities. Article URL:
http://www.tamilcanadian.com/page.php?id=505

Human rights agencies say safeguards in the law are


being circumscribed

British Refugee Council Publication: Sri Lanka Monitor

"SUPREME COURT Judge ARB Amarasinghe says in a


judgment that Sri Lankan authorities often breach laws and
regulations relating to arrest and detention. The detention of
Jaffna Tamil youth Vijayam Vimalendran for over three years
was illegal the Court declared on 20 December and ordered
Rs 25,000 compensation. Although Emergency regulations
give wide powers to the security forces there must be
adequate grounds for arrest. The Court says the Defense
Secretary should have sufficient evidence before signing
detention orders. Even those detained under Regulation 17
(i) as posing a threat to national security, should be informed
of the reasons for arrest...

Human rights agencies say safeguards in the law are being


circum- scribed by authorities. In the north-east arrested
persons are held for 60 days under Emergency regulations
and then under the Prevention of Terror- ism Act (PTA)
which provides for 18 months detention without being
produced before a court.

In southern areas, including Colombo, suspects are


generally detained for seven days under Emergency
regulations and then under the PTA on the orders of a
magistrate. Agencies say such prolonged detentions are
illegal. Twenty three prisoners in Kalutara prison for over two

39
years allege that their detention is illegal and say they will
fast unto death if they are not released before 19 January...

There is a fear in Colombo that military death squads have


returned. Retired Tamil engineer Mahadeva was abducted in
the dreaded "white van" on 25 December from his residence
n Bambalapitiya..."

Article URL: http://www.tamilcanadian.com/page.php?id=506

Torture - including electric shock, burning, beating on


soles of feet, gasoline soaked bags over head...says US
State Department Report

"Torture remained a serious problem... Members of the


security forces continued to torture and mistreat detainees
and other prisoners, both male and female, particularly
during interrogation. Although the number of torture reports
was somewhat lower than in previous years in the Colombo
area, the situation in Eastern Province did not improve.
Torture also emerged as a problem in the newly recaptured
Jaffna Peninsula. In November a Supreme Court judge
stated publicly that torture continued unabated in police
stations in spite of a number of judicial pronouncements
against its use. Pro-government Tamil militants in the east
and north, directly responsible to the security forces, also
engaged in torture...

"Methods of torture included electric shock, beatings


(especially on the soles of the feet), suspension by the wrists
or feet in contorted positions, burning, near drowning, placing
of insecticide, chili powder, or gasoline-soaked bags over the
head, and forced positions. Detainees have reported broken
bones and other serious injuries as a result of their
mistreatment..:' - U.S. Department of State, Sri Lanka
Country Report on Human Rights Practices for 1996

"Sri Lanka's minority Tamil community on Saturday


complained of human rights abuses as battles raged

40
between the predominantly Sinhalese forces and Tamil Tiger
rebels near a northern guerrilla stronghold. A pro-
government Tamil party urged President Chandrika
Kumaratunga to intervene and stop alleged human rights
abuses against Tamils and make sure those detained by the
army in the Tamil- dominated Jaffna area were tried fairly. ...
Joseph Pararajasingham, parliamentary leader of the Tamil
United Liberation Front (TULF), wrote in the letter to
President Chandrika Kumaratunga that 76 Tamils, mostly
youths, were harassed by police after being arrested by the
army. "The police have them in their custody for over three
months, torture them and obtain confessions under duress,"
he said in the letter which was made available to journalists."
- Reuter Report, 28 September 1996

"Torture of Tamils is now widespread in Sri Lankan-occupied


parts of the northeast. In Valigamam district last week, Tamil
inmates of the Navaly Pulavar refugee camp were taken
away by soldiers to their army base. Witnesses say soldiers
forced the young men to hold mouthfuls of stones while they
were beaten senseless. A 21-year old, Rasiah
Satheeswaran, died during his beating. Half of the refugees
who were taken have been released, the other half are still in
army custody. Relatives fear the worst.

Article URL: http://www.tamilcanadian.com/page.php?id=507

Police powers promote torture says Colombo Judge


British Refugee Council Publication
Sri Lanka Monitor, November 1996

"Supreme Court Judge P Ramanathan says despite judicial


orders against law-enforcement officers, torture in police
stations continues unabated. Police have powers to record
statements, investigate and prosecute offenders. The
concentration of powers allows the police to take short-cuts
by torture in custody, says Mr Ramanathan. Human rights
agencies say prolonged detention also leads to ill-treatment.
Currently there are over 1,100 Tamils in custody, 300 of

41
whom are held for over two years. MPs who met detainees in
Kalutara prison in early November say six Tamil youths are
held for over five years and another six above the age of 50
are detained for over 18 months. Seven had been earlier re-
leased, arrested again and held for over two years.

Over 100 Tamil prisoners in Kalutara began a fast on 28


November demanding trials or release. Following a fast
protest by detainees in June, the De- fence Ministry
promised to solve the issue within three months. Prisoners
bitterly complain that the Ministry has failed to take any
action. Lawyers say the Defense Ministry has failed to act on
several recommendations for re- lease made by the Attorney
General's Department.

Human rights agencies are concerned about illegal


detentions. Some prisoners continue to languish in prison
despite court orders for their release. In a habeas corpus
application, Meenatchy Chitrasenan alleges that her
daughter Thirumagal arrested in September is illegally
detained in a police station without being produced before a
court."

Article URL: http://www.tamilcanadian.com/page.php?id=510

150 Tamil women and children raped by law enforcers


last year say rights groups

“Human rights activists claim more than 150 women, mostly


minority Tamils, were raped by police and armed forces
personnel last year.

In the past few months the nation has been outraged by a


series of sex offences, followed in some instances by the
death or disappearance of victims. Security forces are
allegedly behind the incidents, which are widespread in the
war-ravaged north and east.

42
Rights groups and mainstream Tamil political parties are now
up in arms over the alleged rape of five women by policemen
in Colombo's suburbs. Politicians and rights agencies have
made repeated demands for investigations of the large
numbers of rapes allegedly committed by officials entrusted
with enforcing law and order.

In one of the suburban rape cases, the victim, from the


eastern Batticaloa district, had approached a reserve police
constable for directions to a relative's home in Colombo.

The policeman accompanied the woman to her destination


but then raped her in a lonely suburban thicket. At least 15
soldiers and policemen have been accused of rape since
June last year." - South China Morning Post January 11,
1997

"Amnesty International has documented several cases of


rape by members of the security forces. Because many
women are reluctant to give testimony about their treatment
by the security forces, Amnesty International believes that
these testimonies represent only a fraction of a widespread
pattern of human rights violations. In those cases reported to
Amnesty International, the authorities took some initial action
against the alleged perpetrators. However, the organization
does not know of any member of the security forces who has
been brought to justice on charges of rape.

In January 1995, three women were reportedly raped by


soldiers at Poomachcholai and Kayankaddu, Batticaloa
district, in reprisal for an attack by the LTTE on the nearby
army camp at Thandavanveli. In August 1995 Lakshmi Pillai
was raped at her home in Trincomalee by two army
informants in front of her two sons. The motive may have
been revenge as she had spoken out about being raped
before at Plantain Point army camp in August 1993. The
informants were arrested but later released on bail pending
trial.

43
On 7 March 1996, a 45-year-old woman was raped by
soldiers at Thiyavedduwan checkpoint. Her husband was
beaten with rifle butts. Both were admitted to Valaichchenai
hospital. Following a complaint by several people of
Thiyavedduwan at Valaichchenai army camp, an
identification parade was held and the soldiers were
identified and taken into custody by the military police. It is
not known whether any further action has been taken against
them."

- Amnesty International Report, September 1996

Article URL: http://www.tamilcanadian.com/page.php?id=509

Para Military Groups torture & execute Tamils

Shadowy Tamil militant death squads are once again on the


rise in Batticaloa. The Mohan group aligned to PLOTE has
terrorized Batticaloa for several years and has been linked to
former intelligence officer Richard Dias alias Captain Munas,
implicated in the disappearance of 158 Tamils from the
Vantharumoolai refugee camp in 1990. The Raziq group
associated with EPRLF has recently surfaced. Observers
believe EPRLF, which kept aloof from military activities for
several years, has decided to throw in its lot after the fall of
Jaffna and the apparent weakening of the LTITE. The Tamil
militant cadres ostensibly provide translation service to the
military and act as scouts and spotters during security
operations. Both EPRLF and PLOTE deny that they have
links with death squads. But reports from Batticaloa say
these two groups are involved in detention, torture and
execution of people suspected of links with the LTTE.

Observers say that at least ten incidents of torture and


execution in the last three months are known to human rights
groups.

- Sri Lanka Monitor, published by British Refugee


Council, June 1996

44
Article URL: http://www.tamilcanadian.com/page.php?id=511

Rapes and Murders in Occupied Jaffna

"Allegations of ill-treatment of women and extra-judicial


executions are also being made against the security forces.
Reports say that three women were raped by soldiers at their
home in Manthuvil on 1 August."

- British Refugee Council Publication, Sri Lanka


Monitor, August 1996
-
"Vanni MP S Shanmugnathan says number of women at the
Poonthottam school camp have been sexually abused by the
police. A woman who was raped has been admitted to the
Vavuniya hospital. Pregnant women have been denied
access to the hospital and one woman has died in labour"

-British Refugee Council Publication, Sri Lanka Monitor,


November 1996

"Of the numerous arrests, rapes and murders of the girls and
boys in Jaffna, one comes to light. Most, however, go
unreported because the Sri Lankan army bans independent
reporters from traveling to the peninsula, and the
government censors news about conditions in Jaffna.

On Saturday Sep. 7, 1996, Krishanthi Kumarasamy, an 18


year old student at Chundikuli Girls' High School went
missing, soon after she had taken her first paper at the GCE
A/L examination. She was seen by a number of witnesses
being taken into custody by Sinhalese army personnel at the
Kaithady checkpoint, and she disappeared soon after.

According to a report published later in the Sri Lanka Sunday


Times (Nov 3, 1996), "She was stopped at the checkpoint
and three soldiers allegedly raped her until she fell
unconscious. When she revived, according to the

45
confessions, police officers and six soldiers further raped
her."

On learning of Krishanthi's detention at the army check-point,


her mother, Rasamma (59), who was the vice principal of
Kaithady Maha Vithyalayam, accompanied by her son,
Pranaban (16), and a neighbor, Kirupakaran Sithamparam
(35), went to the army camp, and then they too disappeared.
The same Sri Lanka Sunday Times report said, "Her journey
was not only futile but she, her son and neighbor were
strangled, cut into pieces and buried in a little hut within the
gates of the arm camp." y Krishanthi's relatives in Colombo,
including her older sister, Prashanthi (21), who was staying
in Colombo at that time, took up the matter with authorities in
Colombo, including President Kumaratunga, but nothing was
done as the army headquarters denied the arrests.

On Sep 20th, Amnesty International published an Urgent


Action Appeal (UA 222/96), and even at this stage the
government remained silent.

On Oct 23, more than 6 weeks after their disappearances,


the Colombo-based Tamil daily Virakesari published the
story. Although none of the other newspapers published it,
things began to heat up. The matter was raised in
Parliament, and all of a sudden the four bodies buried in a
shallow grave within the army camp were found.

Tip of an iceberg? Tamil Voice has information that these


kinds of atrocities are quite rampant in the Jaffna peninsula,
and in other Tamil areas occupied by the Sri Lankan army.
This is not an isolated incident... The reason for lack of
publicity is the unofficial ban on independent reporters and
human rights organizations from visiting these areas... A
recent Asia Watch report said, "The army only permits
access to the state run media." Foreign humanitarian
organizations that are allowed to function in these areas are
ones who (by charter) do not publish such crimes. They

46
consider such silence necessary for them to be able to carry
out their primary humanitarian work.

News pertaining to large scale violations, such as those in


the peninsula, however, is difficult to conceal. A Tamil Voice
editor had an opportunity to meet with a number of new
refugees who had escaped recently to Tamil Nadu by boat.
He reports that, their accounts are "horror stories from hell."

A large number of Tamil men and women are reportedly


being held in the Kankesanthurai police premises in the
army-held Jaffna peninsula. They are reported to have been
arrested between 30 Mar 96 and 29 Aug 96. The
Government Agent of the army occupied Jaffna peninsula
published a list of names and details of only 135 Tamils, out
of the 740 who the armed forces admitted to holding at the
Kankesanthurai police station. He has also reported that
nearly a hundred Tamil girls are missing. Several incidents of
rapes and molestations were also reported.

"On Sep 30 at about 3.20 PM Velauthapillai Rajani, 22, from


Urumpirai North was arrested in Kondavil-Urumpirai Road by
the Sri Lankan army. This arrest was seen by several
people. Rajani, who was planning to leave to Canada, went
to see her relatives in Kondavil to say good-bye. On her way
she was stopped by the Sri Lankan soldiers manning the

Kondavil checkpoint and was dragged into a house where


two elderly people were living. The soldiers chased the two
occupants out of the house and Rajani was raped. Her
naked body was found later in the compound."

Another report stated, "Vasuki, a young Tamil girl living in


Kilner Lane was harassed by Sri Lankan soldiers from the
army camp next to her house. On Sep 8, Vasuki was
watching TV at her home between 11 PM and 12 PM at night
when 4 Sri Lankan soldiers in civil dress and 2 soldiers in
army uniform came into her house and tried to take her away

47
by force. She and her neighbors raised cries and the soldiers
fled with Vasuki's National Identity card."

"On Saturday morning August 7, a Sri Lankan military truck


rammed into a group of school girls who were cycling to the
Examination hall for their GCE (A/L) examinations. Nineteen
year old, Thayananthi Kananathan from Ariyalai, a student of
Chundukuli Girls College was killed on the spot."

"On Sep 10, a 55 year old woman employed in the


Thirunelvely Co-operative Milk Society was gang-raped by
Sri Lankan Army personnel." "In Kachchai a husband who
tried to prevent the rape of his wife was cut to death. His wife
was also murdered later."

These are just a few of the hundreds of incidents reported to


Tamil Voice. The rape and murder of Krishanthi is just one of
them.

(Tamil Voice, published by the US Based llankai Thamil


Sangam, Fall 1996, edited by Dr.Rajan Sriskandarajah
M.D.)

WE ARE PREPARING A DETAILED COMPLAINT WHICH


WILL BE MAILED SHORTLY. THIS COMPLAINT QUOTES
UN AGENCIES, MEDIA, JUDGES, VICTIMS, AND OTHER
REPORTS. ALL THESE REPORTS MUST BE TRACKED
CONSTRUCTING A CLEAR CUT CHARGE SHEET.OUR
INTENTION IS ONLY TO DRAW YOUR ATTENTION TO
THE GRAVITY OF THE CRIME, WE ARE URGING THE
OFFICE OF THE PUBLIC PROSECUTOR TO PROBE
FURTHER.

Prof. Boyle of University of Illinois College of Law and an


expert in International Law, pointed out that "under Chapter
XV of the United Nations Charter, the U.N. Secretariat,
headed-up by the U.N. Secretary General, is one of six
independent organs of the United Nations Organization itself.
As such the U.N. Secretary General is obligated to

48
implement the "Purposes of the United Nations" set forth in
Article 1 of the Charter.

"Article 1(3) of the Charter provides that one of these


"Purposes of the United Nations" is: "To achieve international
co-operation in solving international problems of an
economic, social, cultural or humanitarian character, and in
promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race,
sex, language or religion."

Boyle added, "In other words, the U.N. Secretary General


has a U.N. Charter obligation "in promoting and encouraging
respect for human rights and for fundamental freedoms for"
the Tamils in Sri Lanka as required by the preemptory norm
of international law set forth in Article I of the 1948 Genocide
Convention.

Francis Boyle, professor of International Law at the


University of Illinois College of Law, called on India, the
United States, Britain and France to fulfill their obligations
under the Geneva Conventions and Protocol, and under the
Genocide Convention by launching an immediate
humanitarian air-drop relief operation for the starving Tamil
civilians within the so-called safety zone, who are suffering
without adequate humanitarian supplies for weeks.

Starvation of civilians, as a method of warfare, can also


constitute an act of genocide as defined by Article II (c) of the
1948 Genocide Convention. Though timely action in this
direction did not arrive at least in post-conflict period
International Court of Criminal Justice must charge sheet
Srilankan President Mr.Mahinda Rajapakshe for starving
Tamils to death and stalling UN to rescue Tamils from
starvation.

"Article 54(1) of Additional Protocol I to the Four Geneva


Conventions of 1949 sets forth a rule of customary
international humanitarian law that obligates every state in

49
the world: "Starvation of civilians as a method of warfare is
prohibited." Starvation of civilians as a method of warfare is a
war crime. Every contracting party to the Geneva
Conventions and Protocol has the obligation under Common
Article 1 thereof "to respect" the Conventions and Protocol
themselves and "to ensure respect" for the Conventions and
Protocol "in all circumstances" by other contracting parties
such as Sri Lanka.

"Furthermore, starvation of civilians as a method of warfare


can also constitute an act of genocide as defined by Article II
(c) of the 1948 Genocide Convention: "Deliberately inflicting
on the group {in this case Tamils} conditions of life calculated
to bring about its physical destruction in whole or in part."
Every contracting state party to the Genocide Convention
has the obligation "to prevent" genocide by Sri Lanka against
the Tamils as required by Article I thereof.

HENCE DRAVIDA PERAVAI URGES THE OFFICE OF THE


PUBLIC PROSECUTOR TO PROBE THE DEATH OF
TAMIL CIVILIANS DUE TO STARVATION IN THE WAR
ZONE AND FIX SRILANKAN PRESIDENT ON THIS CRIME
ALSO.

Statement by Ambassador Susan E. Rice, U.S.


Permanent Representative, on the Situation in Sri Lanka,
in Security Council Consultations

April 30, 2009

The United States is deeply concerned by the situation in Sri


Lanka, where fighting between government forces and the
Tamil Tigers has led to a growing and grave humanitarian
crisis that has left innocent civilians pinned down and
desperate. We are very concerned by the serious allegations
against both parties of violations of international
humanitarian law.

50
Despite the Government of Sri Lanka’s promise to
suspend combat operations, multiple accounts indicate
that shelling into the conflict zone continues. We have
also received reports of alarming number of civilian
casualties.

On April 28, limited quantities of food were delivered to the


conflict zone—the first such delivery in more than three
weeks. We welcome the arrival of this sorely needed aid, but
we are deeply concerned that critical medicines were not
able to reach the conflict area as well.

We share Under-Secretary-General Holmes’


disappointment that the Government of Sri Lanka has
not yet allowed a UN humanitarian team into the conflict
zone to facilitate relief operations and the safe
evacuation of civilians. We urge the Sri Lankan
government to reconsider. This Council must also grapple
with the sheer scope of the problem. Latest reports
indicate that more than 170,000 displaced persons have
registered in government-controlled camps. The
Government of Sri Lanka must allow the UN and the
International Committee of the Red Cross access to all
sites where newly arrived displaced persons are being
registered or being provided shelter.

These reports pertain to the period of war without witness.


Now since Srilankan Government had declared war is over
immediately UN agencies must step in and Office of the
Public Prosecutor starts its investigations before all bodies
are exhumed and all people are silenced at gun point.

INDEPENDENT MEDIA
INDICTS ARMS SUPPLIERS;

Chinese F7s and Russian MIG fighters fly over the skies of
Vanni continuously and they regularly bomb hospitals,
schools, churches and orphanages. Cluster bombs and
phosphorous bombs are used against innocent Tamil

51
civilians. Children are dying in front of their parents and the
parents are dying in front of their children. Many of the dead
have nobody to mourn for them. More than eight thousand
innocent Tamils have been killed just within the last three
months. Tamils are now left with nothing. All their homes and
farm lands have been made into grave yards. Many families
have lost their loved ones. Thousands of orphans and
widows are longing for death than suffering from hunger and
untreated wounds in the killing fields of Sri Lanka. They have
no more comforters left to comfort the victims.

As part of the so called deceptive humanitarian and rescue


operation, Sri Lankan forces surrounded an area that is
almost two times bigger than Singapore, bombed and
destroyed all the hospitals, schools, orphanages and homes
in this prosperous land that was once flowing with milk and
honey.

They destroyed farms, fruit trees and the cattle belonging to


the people who have lived there for years. They dropped
cluster bombs and killed so many thousands of innocent
people including children, women and old people.

They have forced people into starvation and made them to


live in tents and bunkers for months. All this is according to
them for just to catch or kill few hundreds LTTE fighters that
were living among more than three hundred thousands of
innocent Tamil civilians.

Tamils are persecuted all over Sri Lanka

Tamils who are forced to live in the open fields are bombed
and killed in thousands. Those who leave the war zone are
sent to barbed wired concentration camps and torture
camps. The ones that live in the other parts of the country
live in open prisons with the constant fear of abductions,
extra-judicial killings, torture and rape.

52
World very well knows how the Sri Lankan soldiers were
asked to leave Haiti after they were blamed for rape,
while doing peace keeping operations as part of the UN
force.

There are many peace loving Sinhalese people living in Sri


Lanka. Several academics, human rights activists,
journalists, Christian leaders and professionals from the
Sinhalese community are supporting the Tamils in their
struggle for freedom. Some Tamils even tend to intermarry
with the Sinhalese.

Although the extremists are only a minority among the


Sinhalese, they have been successful in influencing
politicians, military leaders and ordinary Sinhalese people to
incite racial hatred, violence and discrimination against
Tamils.

In recent times, China has been actively involved in building


ports in the South East Asian countries including Sri Lanka.
China is spending 1 billion dollars to construct a port in the
south of Sri Lanka.

China is planning use this port as a refueling and docking


station for its navy, as it patrols the Indian Ocean and
protects China’s supplies of Saudi oil. Ever since Sri Lanka
agreed to the plan, in March 2007, China has given it all the
aid, arms and diplomatic support it needs to defeat the
Tamils, without worrying about the West.

China has so far given six F7 jet fighters free of charge,


according to the Stockholm International Peace Research
Institute. Pakistan is also trying to spread its influence in the
Indian Ocean and in order to build a launch pad in Sri
Lanka.Pakistan has transferred huge amounts of automatic
rifles, heavy mortars, multi-barrel rocket launchers, and
artillery and tank shells to Sri Lanka in recent years. Sri
Lanka is also getting JY-11 3D air surveillance radars,
armored personnel carriers, T-56 assault rifles, machine

53
guns, anti-aircraft guns, rocket-propelled grenade launchers,
missiles and bombs Iran provides low-interest credit to Sri
Lanka to help them to purchase military equipment from
Pakistan and China and to train Sri Lankan Army and
intelligence officers in Iran.

India never wanted to supply offensive weapons to Sri Lanka


which is the very reason why the Sri Lankan government
went after China, Pakistan and Iran in the first place. Having
65 millions Tamils in India, it will be difficult for India to give
offensive weapons to kill the Tamils in Sri Lanka. However,
India faces a real threat from China and Pakistan in its own
backyard. Sri Lanka has always maintained good relations
with India.

In order to look after its interests in the region and to deal


with the threats from China, India had come up with the
clever idea of providing with intelligence and military
expertise to Sri Lanka.Many Sri Lankan ministers have
recently acknowledged that they wouldn't be winning the war
without the help from India.

This is not because India hates the Tamils and loves the
Sinhalese but they are not ready to see Sri Lanka going into
the hands of China and Pakistan. More than seven hundred
Indian fishermen were killed by the Sri Lankan Navy within
the last few years but India is willing to sacrifice even their
own for a greater gain in the region.

India is a looser. India has made a historical blunder by


assisting the Sri Lankan government to commit genocide
against Tamils. Once the war is over, Sri Lankan government
will go after China and Pakistan as they did before. India has
now lost credibility both among the Tamils in Sri Lanka and
India. India would have been in a better position if they
helped the Tamils to establish a prosperous secular state in
order to free them from State oppression and to secure
Indian strategic interests in the region. Even now, it is not too
late for India to change it's mind.

54
When the twin towers fell and the innocents died, we
declared war on Terror. We have done the right thing and we
have been successful in preventing many disasters in our
great cities. Unfortunately, some of the countries that have
been terrorizing their minorities for a long time have started
to use the loop holes in the "War on Terror" strategy to
declare war on the vulnerable.

Theory of War on Terror has failed miserably in countries like


Sri Lanka because the oppressor has got the freedom to
declare war on the innocents who are already going through
hell in their hands. Many freedom movements that have
been fighting for the freedom of the oppressed are now
wrongly branded as Terrorists groups. Some of these
countries like Sri Lanka have been spending so much money
in doing false propaganda, to convince the world that these
freedom movements had links with Al Qaeda. War on Terror
is a great idea but the problems come when we wrongly
recognize the Terrorists and the ones who are fighting the
Terrorists. When the “War on Terror” strategy is used by a
Terror government that is already killing its own citizens,
alarms should be raised to protect the vulnerable.

Did we permit Saddam Hussain who was a


democratically elected president to wipe out all the
Kurdish people? Hitler was democratically elected but
he was still responsible for killing millions of Jews.
Rajapakse government, although it is democratically
elected, shouldn't be allowed to use the “War on Terror”
agenda to annihilate Tamils.

UK government would never bomb the whole city of


Belfast and force people to live in the bunkers without
food and medicine for months, if they had to catch few
hundreds of IRA rebels. They wouldn't use chemical
weapons against innocent women and children unless
they had a hidden agenda of killing the people.

55
Sri Lanka is doing something what no other governments on
this earth would do for their own citizens.

As usual, UN has so far failed to protect the innocents. They


failed in Rwanda and they failed in many other countries
where millions died of man made disasters. They always
waited till it was too late to act. UN had sent it's
representatives to Sri Lanka few times in the last few months
,but they couldn't convince the Sri Lankan authorities to stop
the war.UK and the US are working really hard to bring the
Sri Lankan issue before the security council. China, being a
permanent member is not allowing the war in Sri Lanka to be
discussed for an obvious reason that they are also partnering
with Sri Lanka. They don't want to be blamed for fuelling the
war in this tiny island by freely supplying offensive weapons
in order look after their own interests in the region.

RichardDixons@googlemail.com

We thank the Journalist Mr.Richard Dixon for above


mentioned report

Sri Lanka acquired ‘banned’ weapons

Monday, 13 August 2001,

The Sri Lanka Army has acquired an infantry weapon with a


chemical warhead whose use has been shunned
internationally except by Russia due to the risk to civilians,
press reports said this weekend. In an expose, the Sunday
Leader said that the SLA had spent several million dollars to
acquire 1000 units of the shoulder-fired RPO-A Shmel
Rocket Launcher, but that amidst bribes sought by the SLA
commander, Lt. General Lionel Ballagalle, the weapons
delivered were of old stock and may have exceeded their
shelf life. The US Defense Intelligence Agency says the
weapon’s chemical warhead is toxic and hence dangerous
even if it fails to detonate.

56
The flamethrower type weapon, which the Sunday Leader
says has been banned by the United States is only
manufactured by a single firm in Russia and was bought
by the SLA via a London-based company, Gladstone
Industrial Holdings, whose directors include a retired
SLA officer, Lt. Col. Upali Gajanayake. The Sunday
Leader interviewed the latter as part of its investigation into
the alleged corruption.

“It is an internationally banned weapon,” Lt. Col. Gajanayake


told the Sunday Leader, explaining why the SLA needed to
go through his firm, rather than directly to sole Russian
manufacturer, to acquire the Shmels. “Officially these items
cannot be negotiated via an open tender but can only be
bought underground; this is a very sophisticated chemical
warhead.”

Although usually referred to in descriptive literature as a


flame-thrower, the RPO-A Shmel (Bumblebee in Russian) is
a rocket-propelled incendiary/blast projectile launcher,
according to Janes’ weapons expert Terry Gander. “One
projectile fired is described by the Russians as `thermo baric'
as it appears to utilize advanced fuel-air explosive
techniques which, on detonation, create deflagration as the
warhead cloud expands,” says Gander. When utilized
against structures the blast effect of the projectile is stated to
be equivalent to a 122 mm howitzer shell, he says.

The weapon – along with other fuel air mixture weapons -


has been used by Russian troops in Chechnya, where
human rights groups have long criticized the indiscriminate
nature of the weapon which has resulted in heavy civilian
casualties and horrific injuries.

In a statement February 2000 on the use of such weapons in


Chechnya, Human Rights Watch said “The use of fuel-air
explosives … represents a dangerous escalation in the
Chechnya conflict--one with important humanitarian
implications.” In urban settings it is very difficult to limit the

57
effect of this weapon to combatants, and the nature of FAE
explosions makes it virtually impossible for civilians to take
shelter from their destructive effect,” HRW said, adding that
“because they are wide-area weapons, military forces must
exercise extreme caution and refrain from using them in or
near population centers.”

The U.S. Defense Intelligence Agency in a 1993 report says,


“The [blast] mechanism against living targets is …
unpleasant… If the fuel deflagrates but does not detonate,
victims will be severely burned and will probably also inhale
the burning fuel. Since the most common FAE fuels are
highly toxic, un-detonated FAE should prove as lethal to
people caught within the cloud as most chemical agents”

A separate Central Intelligence Agency report says “it is


possible that victims of FAE’s are not rendered unconscious
by the blast, but instead suffer for several seconds or
minutes while they suffocate.”

One thousand RPO-A Shmels were delivered to the SLA in a


single planeload on July 17, the Sunday Leader claimed,
adding that the colleague of Gajanayake, Ameer Temour,
who negotiated the deal with a Ukrainian arms supplier was
fired on July 17. Temour told the paper that Gajanayake had
submitted expenses claim of nearly half a million US dollars
which were bribes for Ballagalle and other senior SLA
officers.

Whilst the SLA had expected to take delivery of 1000 brand


new warheads, the paper claims the batch delivered
comprised 400 manufactured in 1989 and 600 in 1991. The
weapon expires after 10 years. The sole manufacture is KBC
Instrument Design Bureau in Tula, Russia.

“The age of the delivered units explains how Gladstone was


able to negotiate the supply and export the items without
contravening any rights the manufacturing company in

58
Russia held to be the sole authority to supply the brand new
item,” the paper said.

Read this

WEAPONS BOUGHT in 2001 used in 2009

Colombo uses chemical weapons

Tuesday, 07 April 2009,

Sri Lanka Army extensively used chemical weapons on


LTTE combatants at Puthukkudiyiruppu (PTK) during the
weekend, according to Lawrence, a senior commander of the
LTTE, who personally encountered the attack and escaped,
LTTE sources told TamilNet Tuesday. Meanwhile, Sri
Lankan Defense Ministry has claimed that it has killed
hundreds of Tiger combatants including senior commanders
in PTK last weekend. The use of chemical weapons were the
suspicion of many who have seen the photographs released
by the SL Defense Ministry, but now the accusation comes
from the LTTE. The Tiger sources neither confirmed the type
of the chemical weapon nor said anything on the casualties
claimed by Colombo.

Not matching with their tall claims, Colombo's websites have


released comparatively fewer photographs of LTTE
combatants it killed in action this time. Yet, the released
photographs were enough for viewers of forensic experience
to suspect the use of chemical weapons. Chemical weapons
such as nerve gas were strictly prohibited by international
conventions after world experiencing gruesome mass deaths
of combatants during the World War I (1914 - 1919).
Colombo government was already on record for clandestine
purchase of prohibited chemical weapons and accessories in
2001.

Colombo government, its president Mahinda Rajapaksa


as Commander-in-Chief of the armed forces, Gotabaya

59
Rajapaksa, the defense secretary and Sarath Fonseka,
the army chief, may have to face indictment as serious
war criminals if the accusation of the use of chemical
weapons is proved.

UN withheld civilian casualty figures – report

Wednesday, 18 March 2009,

Publishing two leaked documents by the Office for the


Coordination of Humanitarian Affairs, Matthew Russell Lee of
Inner City Press at the UN, in an exclusive report on
Wednesday revealed that the United Nations office had its
own estimates of casualty figures. The UN had internal
documentation for 9,924 civilian casualties including 2,683
killings and 7,241 injuries since 20 January to 07 March
2009. "Now it appears that unlike in other conflicts from
Darfur to Gaza, the UN withheld the Sri Lanka figures, in
effect protecting the Sri Lankan government from criticism,"
the Inner City Press reported Wednesday

UN document: Civilian casualties in the Vanni (courtesy:


Inner City Press)

"Between January and 12 February, the reporting network


was spread over a broad area. Since most civilians are now
in the small No Fire Zone (NFZ), including the reporting
network - the information is better. The assumption is that
the casualties were greatly under-reported prior to 12
February," said the UN document which put the total
minimum number of documented civilian casualties since 20
January 2009 as of 07 March 2009 in the conflict area of
Mullaiththeevu district: 9,924 people including 2,683 deaths
and 7,241 injuries.

Between January and February 2009 the combat area was


reduced from 100 square km to 45 square km, including the
NFZ of 14 square km. As the combat area reduces, the daily
average shows an increase in the number of killed (from 33

60
to 63) and a slight decrease in the number of injured (from
184 to 145). This is due to increased density, the use of
heavy weapons which continue to strike the NFZ and
inadequate medical treatment.

Two thirds of the documented casualties occurred in the No


Fire Zone (NFZ), according to the UN report obtained by the
Inner City Press.

It is not humanly possible for the Tamil Diaspora or Indian


Tamils to collect each and every detail concerning the
genocide; hence there is historical necessity for the Office of
the Public Prosecutor to start the probe to establish the guilt
of the perpetrators of Tamil Genocide. Hence Dravida
Peravai, the Indian political party of socialists, appeals to the
International Court of Justice for justice. In pursuit of justice
we had earlier made our appeal to the current month’s
President of the United Nations Security Council and the
General Secretary of the United Nations marking copies to
the Representatives of the Member Nations in Security
Council. We have urged the Security Council to forward our
complaint to you, which we are sending you in the form of a
book.

Srilanka is a terrorist state, and slowly this fact will be proven


to all the nations of the world. The closing chapter in the
Tamil Eelam War alone is sufficient to prove beyond an iota
of doubt that Srilankan State is guilty of war crimes and
genocide.

We Indian Tamils thank 17 nations including European


Union members and supported by Argentina, Bosnia,
Canada, Chile, Mexico, Mauritius, South Korea,
Switzerland, Ukraine and Uruguay, according to UN Watch
which are hardly lobbying to indict Srilanka in the UN Human
Rights Council meeting to take place in Geneva.

In contrast to the nations sympathetic to the Tamils 12


nations have brought out a resolution to justify or whitewash

61
the genocide of Srilanka. Sri Lanka’s proposed text is co-
signed by Indonesia, China, Saudi Arabia, India, Pakistan,
Malaysia, Bahrain, Philippines, Cuba, Egypt, Nicaragua,
and Bolivia, reported UN Watch, a non-governmental
organization based in Geneva whose mandate is to monitor
the performance of the United Nations.

"The sponsorship of this Resolution including India is


condemnable for trying to justify numerous acts of genocide,
crimes against humanity and war crimes that the
Government of Sri Lanka has perpetrated upon the Tamils in
violation of the 1948 Genocide Convention, the Four Geneva
Conventions of 1949 and their Two Additional Protocols of
1977, as well as the rules of customary international criminal
law, including humanitarian law and the laws of war,".

Tom Lantos Human Rights Commission of the U.S. House of


Representatives in a communication sent to President
Obama said that the United States has to take concrete
actions to t hold the Sri Lankan state accountable for its
actions for rebuffing the international community, and urged
the President to instruct the Department of Justice to look
into the possible linkage of Sri Lanka officials to crimes
committed during the prosecution of the war. The note
mentioned Gotabaya Rajapakse, Basil Rajapakse, and
Sarath Fonseka as possible perpetrators of war crimes.
"Lastly, we ask that you instruct the Department of Justice to
look into the possible legal ramifications regarding the fact
that three of the key Sri Lankan actors in the implementation
of the Sri Lankan military strategy are reported to be
U.S.citizens for purposes of legal accountability should
credible evidence link them to any of the above mentioned
crimes," the letter concluded.

Noting that " military offensive conducted by the Sri Lankan


government has exacerbated the humanitarian crisis in the
north of the country and resulted in the deaths of thousands
of civilians and the displacement of many hundreds of
thousands of citizens," South Africa's Deputy Foreign

62
Minister Ehrahim Ebrahim in a press release issued today,
urged the UN to "to urgently investigate possible violations of
international human rights law and contraventions of the
Geneva Convention," and called for "peaceful dialogue with
all minorities to address their long standing grievances."
.
The EU foreign ministers called for the investigation of war
crimes committed by ‘both sides’ in the killing of civilians in
Sri Lanka.

This is our first attempt to reach your office, and we have just
tried to give supportive evidences to make your mind arrive
at the circumstantial evidences to come to the conclusion to
launch a probe against Srilankan President Mr.Mahinda
Rajapakshe and others for their Tamil genocide.

Thanking You
Yours sincerely

N.Nandhivarman
General Secretary Dravida Peravai

India.

Date: 20.05.2009

63
21.05.2009

Ms.Navaneetham Pillai
UN High Commissioner for Human Rights
Palais de Nations
CH 1211 Geneva 10
Switzerland

Respected Madam

Subject : Seeking the support of your office to urge the UN bodies to


probe all charges of genocide of Tamils in Srilanka regarding….

We are enclosing a book titled : Tamil Genocide under Neo Nazism,


which charge sheets the Sinhalese Governments for Tamil massacres
committed from 1956 to 2001 when cease fire period delivered a short
lived peace broken by Srilankan President Mahinda Rajapakshe who
was hell bent to resume a civil war to fulfill his life’s ambition to ethnic
cleansing of Tamils. The Tamil genocide could not be buried by keeping
international media and UN out of the theatre of war. We Indian
Tamils took the decision to place before UN Security Council that Tamil
Genocide is a continuing crime that had crossed half a century. This
book contains our appeal to UN Security Council to urge the Public
Prosecutor of the International Criminal Court of Justice to start the
probe into the Tamil Genocide.

After the lull of Norway brokered Peace, we have yet to complete


compiling the crimes committed by Srilankan Government. We have
filed a complaint titled Tamil Genocide :Complaint to the Public
Prosecutor of the International Criminal Court of Justice. We have
quoted from media to eminent judges and to reports of UN bodies to
indicate the fact that there is urgency to probe the Tamil Genocide. We
all know how certain hands stalled official discussions in Security

64
council when Tamil lives in Tamil Eelam theatre of war was lost in
thousands every day.

Technical snags created by non-participating states in Rome Statute


may put roadblocks to the Public Prosecutor, and it is here the Office of
the Human Rights Commissioner must exert pressure within UN to set
the process of probe in motion, we Indian Tamils are knocking your
doors seeking justice.

The usage of chemical weapons in the theatre of war and its


supplier nations which violated international law and
conventions should be subjected to probe. We quote the relevant
law which fits the definition in each and every word and word by word
all the crimes have been committed by Srilanka

Crimes against humanity, Art. 7, Rome Statute of


International Criminal Code describes these as: Murder,
Extermination, persecution, enforced disappearances, torture,
intentionally causing great hurt, great suffering, or serious injury to
body or to mental or physical health, deportation or forcible transfer of
population .

‘War Crimes, Art.8, Rome Statute of International Criminal


Code describes these as: Bombing of hospitals, civilian habitations,
prevention of supply of basic amenities such as food, water, medicines.

Apart from committing each and every crime the framers of Rome
Statute brought into the definition of crimes, Srilankan President
Mr.Mahinda Rajapakshe used starvation as weapon of war,

"Article 54(1) of Additional Protocol I to the Four Geneva Conventions


of 1949 sets forth a rule of customary international humanitarian law
that obligates every state in the world: "Starvation of civilians as a
method of warfare is prohibited."

Furthermore, starvation of civilians as a method of warfare can also


constitute an act of genocide as defined by Article II (c) of the 1948
Genocide Convention:

It is needless to state that "The government of President Mahinda


Rajapaksa has been claiming a glorious total victory - and denying
allegations from doctors on the scene that tens of thousands of
innocent civilians have been the victims of indiscriminate artillery fire
and scorched-earth tactics," said Boston Globe in editorial, adding "the
European Union must follow up on its call for an
investigation of war crimes against civilians." The editorial also

65
said that "the United Nations adopted a resolution in 2005 on the
"responsibility to protect" populations that are not protected by their
own governments. The massive killing and wounding of civilians on Sri
Lanka represents exactly the sort of case that resolution was meant to
address."

Hence our appeal is to remind your office that what we seek is already
finding endorsements in European Union and in UN, and it will be
appropriate for UNHRC to support our complaint to order for a probe
either by UNHRC or through ICCJ.

With Regards

Yours sincerely

N.Nandhivarman General Secretary Dravida Peravai

66
N.Nandhivarman
53-B, Calve Subburayar Street Puducherry 605001 India

67

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