tw news-features

The University Teachers for Human Rights (Jaffna) has once again come out with a damning report (Information Bulletin No. 40, 15th June 2006 “Flight, Displacement and the Two-fold Reign of Terror”) on the escalation of conflict between in the North East between the LTTE and the Sri Lankan Government. Refugees are crossing the raging seas to India, and many have lost their lives in this process. Civilian suffering has jumped with the Government failing to control its security forces in the light of LTTE provocations. The 12,000 words report is a testimony of human suffering emanating from a conflict in which blood letting is a daily ritual. Human values have fallen flat and people live in constant fear of death. The peace process almost in tatters.

It goes to the credit of the report that it bluntly exposes both the LTTE and the security forces for paying scant regard for human rights. Under the subheading “LTTE attacks on Mr. Anandasangary’s followers” the report states:

“While those who championed the peace process that is now in a state of collapse have been pointing the finger at ‘paramilitaries’ and ‘spoilers’, they are blind to the old disease that made the peace process unworkable from the start – the LTTE’s constant targeting of political opponents. No one has called the respected democratic politician Mr. Anandasangary a paramilitary. Now with the LTTE’s own party the TNA in the doldrums as time ordained, the LTTE appears determined to eliminate Anandasangary’s loyalists.

About 7.00 PM at his Wellawatte residence in Colombo on 10th June, the LTTE shot dead Mr. Ramachandran (67) brother of Mr. Anandasangary’s former secretary, Satchidanandam, who too has moved out of Jaffna. Ramachandran’s daughter is married to Jeeva of the EPDP. Thangarasa Thangamuhunthan who is an Anandasangary loyalist and former member of the Jaffna Municipal Council that had defied the LTTE on the opening of the Public Library was summoned by two LTTE men who came on a motor cycle and shot at his home in Moolai, Jaffna. He was warded at Jaffna Hospital.”

Then the report describes how people are fleeing Trincomalee. This is elaborated by the story of one Govindaswamy, 75 who an elderly fisherman from Ward 10 Trincomalee who died recently while fleeing to India with his family, reflects the struggle of the people of Trincomalee to survive this complex and stressful environment. The report says, “ After the Government and the LTTE again unleashed their combined terror in Trincomalee in April 2006 (Special Report No.21), the LTTE told Tamil civilians repeatedly in especially the poorer areas, words to the effect, “We will continue our (especially landmine) attacks on the armed forces, and are telling you now that we will not be responsible for the consequences you would face”. Many of them began moving to India by sea after travelling overland to Mannar. The Tigers came back every few days and asked menacingly those who remained “Haven’t you gone”?

Then comes the issue of five students murdered in Trincomalee. President Rajapakse’s remarks on the case are unjustified as they are, show us what needs to be laid out clearly. The Island of 2nd June quoted the President complaining of the lack of evidence against the police personnel being held and his inability to try them according to ‘jungle law’. He appealed to witnesses to come forward and give evidence (to the law enforcing authorities). This prompted a hitherto neglected line of inquiry.

“There were in fact about 300 witnesses relaxing at the beach front at the time of the grenade explosion. They had been ordered to kneel down in an offensive manner suggestive of communal arrogance by the Navy, who rounded them up. To capture the atmosphere on the beach front, an old woman who cried at the funeral on 5th January of the boys killed, described her experience. The woman accused the security forces of banding together and killing the boys. When the security forces arrived on the fatal day, she sensed their intention and tried to prevent them. A man in commando uniform thrust his gun barrel into her mouth and threatened to kill her if she shouted. He then shoved her away telling her in Tamil to go away and sit down.”

The report says, “The 300 or so witnesses included a deputy education officer, several old ladies and Hemachandran, the father of one of the victims – all prostrate. There were a number of auto rickshaws and about five cars parked at the beach. Among those who had a close view of the proceedings were vendors of refreshments. Why did not any of them come forward? The reason is to be sought in the other witnesses – the Police, Navy and STF – who were upholding the law of the jungle in Trincomalee, the President ironically adverted to, and the fate of the one witness who had the civic sense to defy intimidation by the security forces and pursue justice for his son – Dr. Manoharan.”

“From their kneeling position and with the lights nearby switched off, no one, except perhaps those who were very close, could say who exactly did what. But there is absolutely no doubt that the crime was committed by the security forces present and the principle of command responsibility applies. If the President is unable to exercise his authority as commander in chief to find out what those men under his command did on the Trincomalee sea-front on 2nd January 2006, how impossibly difficult it must be for witnesses to go past these armed and desperate men determined to suppress the truth (apparently outside the control of their C-in-C) and give evidence? “

Another case cited is : “The Grand Tiger Hunt – A Macabre Full Dress Drama before a Captive Audience Weerakkody, a former Ports Authority employee identified with communal violence against Tamils, was killed by the LTTE on 24th December 2005 and it was widely talked about that his son in the Navy had sworn revenge against Tamils. Some killings of both Tamils and Sinhalese continued in the coming days but had subsided by New Year’s Day. People were relaxed on the 2nd of January and many went to the sea front. Dr. Manoharan was at home at 6.00 PM when a friend, a bank employee, telephoned him and told him not to let his sons go out as he had received a tip-off from the Police that some incident was to be staged that day. But his two sons had already gone out. When the elder son came home he telephoned the younger son Rajihar to whom he had given a cell phone to keep him notified of his movements. He was unable to contact him but then found a message from him calling for help and in the meantime, at 7.35 PM, he had heard the grenade explosion. “

“As the parents of the victims found out later, immediately after the explosion, the students who were not hurt, including Hemachandran and Rajihar, were trying to help those injured. They tried to get transport to take them to hospital. Meanwhile the round up started and the commandos arrived. There is a good deal of circumstantial information the parents strongly believe has to do with pre-planning and the targeting of this particular group of students. The information concerns cell phone calls, one received by one of the students at 7.20 PM apparently to ensure his presence at the place of the tragedy, and certain persons who were summoned by cell phone from the scene just before the green auto rickshaw arrived. It is unfair and possibly very misleading for us to speculate. But any proper inquiry should trace cell phone calls made by the Police, the STF unit and several persons against whom suspicion has been directed. We know for a fact that it will not be done by the Sri Lankan authorities.”

Another issue raised is about Kayts. It says, “ Kayts is another place to be watched. A number of families left Kayts for the Jaffna peninsula following the Allaipiddy massacre by naval personnel, killing 11 persons on the night of 12th May. Persons who contacted the witnesses immediately after the incident told us that they maintain with absolute clarity that the perpetrators were naval personnel whom they had regularly seen about the place and they could identify them. Their question was not who did it, but why these navy men with whom they had been on friendly terms acted with such sadistic brutality, killing even a young mother and her infants in cold blood. The witnesses said that there were no EPDP persons among the perpetrators. They added that some Tamil speaking young men on motorcycles were about the area in the days preceding the atrocity, but they could not say for certain whether or not they were EPDP.”

“According to what EPDP persons in Jaffna told some of their friends, a special military team had been conducting investigations on the basis of information obtained from persons detained and they found that some of the places affected had been used by the LTTE. They added that the Navy may have received this information and decided to act. The EPDP leader however told the BBC that even the LTTE might have done it. “

And the less said about “LTTE-controlled Vanni – the Giant Torture Chamber” the better. “One sees the same repressive trends in the Vanni. Human Rights would seem an abstraction where life is ceasing to be human. One sees the same indifference on the part of the LTTE to families, wives and children, no concern about how they live or die. Many young couples with young families suddenly find themselves devoid of the breadwinner. These young men who had started families and had young mouths to feed had been forcibly taken away by the LTTE for 1 to 3 years of military service, promising a monthly allowance for the upkeep of the families. The money comes for about 3 months and ceases. A number of these young men were LTTE cadres who left during the ceasefire and got married.”

An official connected with a church establishment expressed alarm that several of these abandoned families without means were bringing children to them and they simply did not have the means to cope. The torture of the community goes on at many levels. Even older men have been mobilised to undergo auxiliary training and have been told that they would be posted for frontline sentry duty. In a number of villages, these men have collectively told the LTTE, “You can force us to undergo training, you can post us where you would, but when the Army advances we will throw our guns and run away.”

During the earlier years of war, among the difficulties faced by the farmers was tank maintenance. During the ceasefire moves were made to do repairs to Giant’s Tank in west Vanni. In order to mobilise the men for its auxiliary forces, the LTTE banned the dry season cultivation. Many men confine themselves to their home with their children in agony fearing abduction by LTTE press gangs in their proverbial white vans.

The LTTE’s measures have also given rise to an undercurrent of unrest. In one area regarded a high security zone of the LTTE, a tough commander was brought back from retirement. A grenade was aimed at him, causing injury to two persons. Those in the area discount the Karuna group as being responsible.

Speaking at a passing out parade of the auxiliary forces in Vattakacchi, Killinocchi, on Sunday 4th June, Colonel Balaraj announced that Eelam War 4 has begun, and in its prosecution, the guerrilla attacks are now taking place. He said that the Rajapakse regime, which has revealed its colours by killing Tamils in the same manner the Premadasa regime did, is being given the last chance. Because of the strength of the Tamils today, he added, the dreams of the Sinhalese government will come crashing down: We will heap up victories by winning our lands back from the enemy, who would be stupefied into inaction when our battle plans are unravelled in the field.

“The LTTE may not be so sure and perhaps never was in starting a war until the enemy blundered by turning indiscriminately on the people. The Karuna forces, backed by the Army, have launched several attacks on the LTTE Vanni faction, and reports indicate that a number of persons are being killed on the LTTE side. The Vanni faction routinely denies major losses and they may be right. For them the auxiliaries are thoroughly disposable. The truth is likely to be that those being killed are persons who do not want to hold a gun in the first place, and given the option would throw their gun and run away. Would the civilians be given a chance? Note the omission when Balraj referred to two presidents, “ the report says.

The conclusion of the report is that the state and international community must act.

“The LTTE has already started a war without acknowledging it to the international community. The security forces and civilians are daily facing casualties. The former are angry and have weapons and the institutional means to do things and cover up; the latter are helpless. But they do not want war and that is capital the Government can use to corner and expose the LTTE. Instead the impunity in which the armed forces’ current actions are steeped is enabling the LTTE to make cannon fodder of these people who dread war. This state of affairs today is precipitating the human catastrophe of massive displacement where people have limited choices of where to run.”

“Sri Lanka is becoming a place where life has no value. People are being killed, but no one feels responsible. Those in authority do not appear to understand that this is a problem that must sooner rather than later concern the welfare of everyone of us. When it comes to Tamil civilian deaths at the hands of the security forces, government spokesmen, in the absence of the authorities doing anything constructive, are spinning tales that do not do them any credit.”

The report urges the “President speedily institute a committee based at the presidential secretariat and reporting to him, to quickly investigate and check abuses by the security forces. The committee should be formed of persons who enjoy the confidence of all communities and could include retired senior security personnel, retired judges, retired public servants and other persons as necessary to give it clout. The committee should as often as necessary, visit areas under government control where violations are taking place and collect evidence from those affected. It should have access to security forces’ camps and to question officers and personnel as required. The task of the committee should be to identify perpetrators, suggest remedial and disciplinary measures and other measures to prevent violations.”