Archive for Human Rights

Amnesty International issues update on Journalist Detained by Sri Lankan Authorities

Amnesty International (AI) in an appeal is, calling for detained Sri Lanka Journalist Tissainayagam’s immediate and unconditional release, unless he is charged with a recognizably criminal offense before an independent court.

AI is also calling on the authorities to ensure Tissainayagam is not tortured or ill-treated, and that he is allowed unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require.

The international human rights organisation pointed out that Tissainayagam has not yet been given the glasses which an eye specialist prescribed for him on 9 May, to prevent further deterioration of his sight. Nor has he seen a specialist since then to determine whether the condition of his eyes has changed.

“He is at risk of going blind if he does not receive this treatment. J.S Tissainayagam has only been allowed to see his lawyer twice since he was detained, over three months ago. Both times a TID officer was present,” Amnesty International adds in its appeal.

[June 23, 2008: Colombo Chief Magistrate reserved his order for June 30 on the application made by counsel for journalist J.S.Tissanayagam and two others]

Full Text of Appeal:

Arbitrary detention/Torture

Jayaprakash Sittampalam Tissainayagam (m), journalist

According to sources close to him, journalist Jayaprakash Sittampalam Tissainayagam was given a further three months’ detention on 7 June. Despite a request from the Magistrate, the Terrorist Investigation Division (TID) did not bring him to court to be informed of this. He remains in TID custody in Colombo without charge, and is at risk of further torture.

On 19 March J.S Tissainayagam filed a Fundamental Rights case in the Supreme Court on the basis that he had been tortured, and because he was denied equal protection under the law, and suffered discrimination because of his ethnicity.

He has not yet been given the glasses which an eye specialist prescribed for him on 9 May, to prevent further deterioration of his sight, nor has he seen a specialist since then to determine whether the condition of his eyes has changed. He is at risk of going blind if he does not receive this treatment.

J.S Tissainayagam has only been allowed to see his lawyer twice since he was detained, over three months ago. Both times a TID officer was present.

His detention has been extended by the Ministry of Defense under the Emergency Regulations, under which he could be held for up to 12 months without charge. Detaining him in this way is arbitrary, in violation of Article 9(1) of the International Covenant on Civil and Political Rights, to which Sri Lanka is a state party. The Emergency Regulations, issued by the President, introduce broad-based and vaguely defined “terrorism” offenses, which have been used to silence critical journalists and generally suppress freedom of expression in Sri Lanka.

BACKGROUND INFORMATION

A number of media workers have recently been attacked or suffered other abuses of their human rights, in a pattern outlined in Amnesty International’ s report Sri Lanka: Silencing Dissent (7 February 2008). Journalists and other media workers have been detained without charge for long periods. On 21 November 2006, Special Task Force (STF) personnel arrested Parameshwari Munusamy, a Tamil woman journalist with the Sinhalese newspaper Mawbima, and detained her at TID headquarters under the Emergency Regulations on suspicion of having links with the Liberation Tigers of Tamil Eelam. They did not tell her why she was being arrested. She was held without charge for four months, and released on 22 March 2007. A number of media workers have been attacked or arbitrarily detained since 6 March 2008 including Gayan Lasantha Ranga, Udayen and Kithsiri Wijesinghe, all contributors to the website www.outreachsl. com. The three were held without charge by the TID for several days, and according to reports, released on 18 March. The deputy editor of The Nation newspaper, Keith Noyahr, was abducted and physically assaulted on 22 May. According to Sri Lanka’s Free Media Movement (FMM), it is widely believed that Noyahr was targeted as a result of his reporting and analysis of the ongoing conflict between government forces and the LTTE in the northern part of the country.

RECOMMENDED ACTION: Please send appeals to arrive as quickly as possible:

- calling on the authorities to ensure that J.S. Tissainayagam is not tortured or ill-treated, and that he is allowed unrestricted access to his family, a lawyer of his choice, an independent court and any specialist medical treatment he may require;

- expressing concern that J.S Tissainayagam is being detained without charge by the Terrorist Investigation Division (TID) in Colombo;

- urging the authorities to release J. S. Tissainayagam immediately and unconditionally, unless he is to be charged with a recognizably criminal offense before an independent court.

APPEALS TO:

His Excellency the President Mahinda Rajapaksa
Presidential Secretariat
Colombo 1

SRI LANKA
Fax: 011 94 11 2446657
Salutation: Your Excellency

Hon. Amarasiri Dodangoda
Minister of Justice and Law Reforms
Ministry of Justice and Law Reforms
Superior Courts Complex
Colombo 12
SRI LANKA

Fax: 011 94 11 2445447
Salutation: Dear Minister

COPIES TO:

Ambassador Bernard A.B. Goonetilleke
Embassy of the Democratic Socialist Republic of Sri Lanka
2148 Wyoming Ave. NW
Washington DC 20008

Fax: 1 202 232 7181
Email: slembassy@slembassy usa.org

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Sri Lanka and the UN

By Adolfo Perez Esquivel

As Latin Americans are well aware, there is a handful of crimes that a State may commit, which by their nature involve removing people regarded as political enemies, never to know more about them. Our region suffered terribly during the dirty war the years’70 and’80, when thousands of our citizens were disappeared, tortured and killed by security forces.

Other countries still suffer from similar abuse of human rights. According to the United Nations (UN), Sri Lanka now has the highest rate of enforced disappearances in the world. For a long time Sri Lanka has faced the threat of terrorist Liberation Tigers of Tamil Eelam (LTTE). Over the past two years, the government has opted to use a dirty war against the LTTE using torture on prisoners suspected of having links with the LTTE and the perpetration of hundreds of enforced disappearances and extrajudicial executions, including humanitarian workers.

Adolfo Perez Esquivel
The Nobel Peace Prize 1980

Incredibly, the government of Sri Lanka is seeking international recognition of their abusive tactics by filing his candidacy for the United Nations Human Rights Council. Even if this council noted in 2006 that the countries elected to demonstrate the highest standards “on human rights and” fully cooperate “with the mechanisms of the Council itself, Sri Lanka has not complied with any of these requirements. For this reason, members of the United Nations should not vote in favour of Sri Lanka in the elections to be held at the UN General Assembly next May 21.

Instead of promoting human rights throughout the world, Sri Lanka has used his position within the Council to avoid scrutiny as a violator of human rights. Among other things, successfully objected to a Council resolution on its human rights situation and refuses to accept that the UN monitor the humanitarian crisis, as recommended by experts in human rights and the UN High Commissioner for Human Rights.

The governments of Latin americas can do a great service to the people of Sri Lanka to reject his candidacy to the Human Rights Council.

It should be noted that a precedent already exists within the UN, when the Foreign Minister of Argentina, Jorge Taiana, noted the creation of the Council. Then society argentina suffered the consequences when the former Commission on Human Rights failed to condemn the serious human rights violations committed by the military dictatorship between the years 1976 to 1983.

Americas America can help the suffering people of Sri Lanka, making an international call to those responsible for torture, disappearances and killings in Sri Lanka are properly investigated and prosecuted, as well as refusing to support the reelection of governments responsible for such abuses to the Council Human Rights.

[Translation of Sri Lanka y la ONU, via Google Translate]

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Sri Lanka observes Human Rights Day

By Dushiyanthini Kanagasabapathipillai

“All humanity is one undivided and indivisible family, and each one of us is responsible for the misdeeds of all the others. I cannot detach myself from the wickedest soul.” – Mahatma Gandhi

The International Human Rights Day was observed on December 10th. This day marks the adoption of the Universal Declaration on Human Rights (UDHR) by the General Assembly of the United Nations in 1948. The International Human Rights Day has been observed since 1950.

The Ministry of Disaster Management and Human Rights held an outdoor event in Green Path, Colombo. Minister of Disaster Management and Human Rights Mahinda Samarasinghe graced the occasion. The official website of the Ministry of Disaster Management and Human Rights- www.dmhr.gov.lk was launched today.

This year’s theme was “Fighting Poverty- A Matter of Obligation, not Charity”. Five main themes- Non- Discrimination, Equality, Respect, Multiculturalism and Dignity were used to promote the understanding of human rights at the event in Colombo. School children, artistes, activists, and armed forces participated in today’s event.

Right hand means dignity; Dignity means Human Rights;
Drawings on display by the students of Gateway International College.

“We have to respect and protect the human rights of our fellow human beings. But we do not put this in practice in Sri Lanka. It’s an unfortunate situation. I hope that, we as students can be the role model for the rest of the society by practicing and protecting the human rights in Sri Lanka” says T. Sumith Thudalage (18) a student of P.M.W.Kamburuwala Maha Vidyalaya in Baduraliya

A short procession was held in Greenpath on International Human Rights Day. Main attention was paid to “Non-Discrimination, Equality, Respect, Multiculturalism and Dignity” for all communities in Sri Lanka.

Students of Siddhartha Maha Vidyalaya in Wellampitiya presented a street drama on human rights

“Most of us do not have much knowledge about human rights. I learnt a lot today by attending the International Human Rights Day celebration in Colombo. More awareness should be created about human rights for us to respect and protect” says H.R. Mathurika Mihirani (15) a student of Gamagoda Junior School in Kalutara

A dove sits on the shoulder of a Naval Officer Ranjith Walgampaya

Anura Malwala of Prasannajith Abeysuriya Pahura Cultural & Educational street drama group acts as God

A cross section of spectators of the street drama

“All Sri Lankans should be respected and protected. We all should work towards permanent peace, and live in harmony” says an Air force Officer W.R.P. Sandeepani

“The protection and promotion of human rights will lead to an environment that can foster peace. Any peace process must pay serious attention to the establishment of a strong system of human rights protection- this is crucial , if we want a future based on justice and reconciliation and not on retaliation and mistrust” said Mahinda Samarasinghe, Minister of Disaster Management and Human Rights in his message to mark the International Human Rights Day.

People prefer permanent peace in Sri Lanka

Source: humanityashore

Contact: Dushi.Pillai@gmail.com

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Human rights: Fear stalks the survivors of Allaipiddy

By S. Somitharan

“We are scared. We d not know why they kill little children. After the massacre that night we peeped through the window. Children were swimming in pools of blood. My uncle was also in the same state,” said a young girl.

Another girl added “Those who did not see the actual scene saw pictures of the dead kids. We like to live at Allaipiddy but we are scared.”

These children (whose names like those of most others in this article are withheld for security reasons) are displaced in a Catholic church in Jaffna town after the massacre at Allaipiddy in Kayts on 13 May. Like this child others too are bereft of their homes and cannot return.

Ironically, none but the Sri Lanka navy and the EPDP cadres in Allaipiddy are willing to give protection to the civilians. Let alone being reluctant to accept security guarantees from the navy and EPDP, the civilians are also apprehensive of residing near camps in fear such places might be attacked by the Tigers.

The people of Allaipiddy returned to the village they abandoned in 1990 after the Ceasefire Agreement of 2002. They rebuilt their homes and businesses. Till 13 May this year they believed they could live in Allaipiddy though fighting was raging elsewhere. Today however residents feel the killings at Allaipiddy are without precedent because unlike on other instances where people of the area are arrested on suspicion after an attack on government forces, in the case of Allaipiddy, the navy deliberately targeted civilians, including children, without cause.

“I am quite certain the victims had nothing to do with any subversive activity. It is precisely this reason that we feel there is no guarantee for the lives of anyone at Allaipiddy. That is why the whole village fled elsewhere for refuge,” said a displaced resident from the village.

Residents however believe that the navy was interested in acquiring the house where the family was massacred, but its owners were unwilling to part with it. This could be the punishment.

Allaipiddy, as was the case in most of the villages that are now within the 144 sq. km. high security zone (HSZ), first suffered displacement in 1990. Many of the survivors are fishing families from coastal areas such as Kankesanthurai and Keerimalai, while others are from the interior farms of Tellipalai.

The Sri Lankan security forces moved into Allaipiddy in 1990 because of a need to establish a camp to facilitate troop movement and supply lines to the Jaffna Fort, which was at that time under the control of the Sri Lanka government. The disappearances, extrajudicial executions and sheer terror perpetrated by the security forces on the civilian population at Allaipiddy forced them to vacate the village.

It is believed more than 100 persons were either killed or disappeared from that village during the military campaign of 1990. (An account of the depopulation of three villages: Mandatheevu, Allaipiddy and Mankumban are set out in a North East Secretariat for Human Rights – NESOHR – report published in 2005). What remained till resettlement began after the CFA was initialled were the navy and the EPDP.

Allaipiddy will remain a contentious spot because it occupies the strategically important position it does. As long as the LTTE retains its base at Pooneryan, the navy needs Allaipiddy to control LTTE sea movements between its base and the government facilities at Kankensanthurai. It will also be of some importance as a supply line for troops in Jaffna.

Rev Fr. Amalraj a Catholic priest attached to the parish at Allaipiddy rescued some injured people from certain death by taking them to hospital on the night of 13 May. The navy tried its best to prevent him in fear the survivors would later identify the killers. Through his prompt and humane action three persons survived and are now witnesses – two old people and a child. It is believed that the woman took a glancing shot and fell down and the killers had left her for dead. The man was severely injured and was admitted to hospital, but lived to tell the tale. The child was hiding behind a door and saw all what happened.

“Returning to Allaipiddy is almost impossible. There is no security for Tamil civilians. However, there is no difference between Allaipiddy and the rest of Jaffna. When I ride a motorbike even in Jaffna town I feel the small of my back tingling in fear of straying into the crossfire,” said Amalraj.

Many people in Jaffna think similarly. Rather than the day-to-day killings that are the order of the day at present, the period when there was total war was better they feel. After four years of the CFA, terror has suddenly re-emerged with disappearances and murder that make the residents feel very vulnerable.

According to the Human Rights Commission (Jaffna) 153 disappearances have been reported recently. But it is well known that those whose names are reported form only a fraction of those whose rights have been violated in some way. Due to the multiplicity of possible perpetrators, the public is scared to complain to the authorities. Second, it is mostly the educated and the city dweller that has access to the HRC not those in the outlying villages who have to cross checkpoints manned by the military to reach Jaffna. Young people do not complain nor do families with young people – the high risk category.

Human rights activists feel that people living in groups are harassed more than others because if the military enters a place with a large group of people, they abuse more people. This could be because the demonstration effect of such abuse could have greater impact than in the case of few individuals. It could also be because nobody takes ultimate responsibility in an IDP camp and the security forces can behave with impunity.

An example of what happened recently is illustrative. When a claymore blast occurred near a welfare centre, soldiers entered the centre on suspicion the perpetrators could have run inside. When they could not find them they turned violent hands on the young males within the camp. Then they told the males and the older folk to leave the makeshift huts while the girls were kept inside. The soldiers and the girls remained together for around half an hour.

“The victims are unwilling to speak because they might be victimised again. They are scared to report to the HRC either,” said an NGO worker laconically.

Another reason the public is scared to complain is because the perpetrators of violence are not easily identifiable. It could be the military, the paramilitaries or the Tigers. The confusion and the culpability of all parties in some way or another have given rise to distrust towards all of them.

“A woman having love affair with EPDP cadre is killed, as much as the man who gives meals to the LTTE. The Jaffna public was trained to protect themselves when there was full-scale war, including air raids, but today, since individuals are the target there is no escape,” the NGO worker said.

“The only option is to run away from Jaffna, but it will be better to go overseas,” said a resident.

It was when the Jaffna public was under such stress that the bodies were discovered at Kopay. The body of a Hindu priest was exhumed and identified. He had no political connections. The body of a youth was also discovered there, wearing a watch that was eerily still ticking. He too was identified but there was report about him with the HRC. Nobody had complained to the HRC he was missing because he had gone to his grandmother’s home and was not missed anywhere till the fateful news arrived of his corpse.

What is more, though there are details of killing people look at it as news and sensation. It has not acted as a preventive of further killing. Therefore, the acts of violence continue unabated. This is partly because the law enforcement machinery is impaired, but not entirely.

“Civil society has lost its voice and the state acts as if it has no obligation towards one as a citizen. So even public opinion carries no weight,” said the NGO worker.

An existence wrapped with fear is beginning to tell on people’s minds. Psychological disturbance is not only telling on them in the way they handle conflict-related issues but also in other matters that they confront in their day-to-day lives. Amongst the groups vulnerable are children.

“The next generation is badly affected because they see pictures in the media as well as in real life, which leaves them scarred,” said Dr. S. Sivayogam a psychiatrist at the Jaffna Teaching Hospital.

The public believes that anyone can kill anyone else and get away with it. It creates a great sense of vulnerability and futility, which is affecting their emotional well being.

Civilians do not carry arms. But in today’s war it is they who are worst affected. It is the government and LTTE that should guarantee civilian protection and how well they do it will play an important role in defining the politics of the future.

CID fails to question navy on Allaipiddy

When hearing commenced on the Allaipiddy murder on 19 May, the Kayts magistrate J. Trotsky gave the Criminal Investigation Department (CID), led by SSP Mahesh Perera two weeks to file a report.

When the report was made, the magistrate found it unsatisfactory. The investigation sought to question the judicial verdict in that, while the witnesses had clearly stated the perpetrators were navy personnel and the magistrate wanted the statements of the navy recorded the CID did not comply, but argued the witnesses had made wrong statements. What was more the CID did not attend the hearings but sent the report through an inspector of police attached to the Jaffna police.

At the last hearing on 5 June the magistrate said the court record and extracts should be sent to the attorney general for his advice.

At that K. S. Ratnavel appearing for the victims told the magistrate that despite the order that the navy personnel should be questioned and their statements recorded, the Inspector General of Police Chandra Fernando had told the Sunday Observer of 11 June that there was no involvement of the security forces of Sri Lanka in the massacre. Ratnvel said this was either contempt of court or a case of poor coordination between the CID and the IGP.

The next hearing is in July. [Source: NorthEastern]

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Mannar civilians cry for peace as war clouds gather

Kids fear army, navy and LTTE
Mannar civilians cry for peace as war clouds gather

By Manique Mendis

An eerie screech of a siren…..Lights off….Black out…

Policemen rushed into the room….

“We are being attacked!, announced a policeman.

The Senior Superintendent of Police who was at his desk remained calm.

“Where is the attack? Any casualties?” the SSP questioned.

The policeman mentioned a nearby location close to where we were.

“That’s news! Shall we go out there now?” my companion, Ashoka Peiris asked me.

“It’s not safe for us to be here. Let’s get out and return in the morning”, observed my other companion, Driver Jeyaraj.

“We can’t leave now. We are under detention by the police,” I replied.

Date: June 26, 2006.

Time: approx 8.00 pm

Location: Mannar Police station.

I was in Mannar with award winning photojournalist Ashoka Peiris, who now runs an international Sinhala news agency and website- isnasrilanka.com. We were accompanied by a Tamil speaking driver, Jeyaraj, from Gandhi Tours.

We were in Mannar on assignment to check out the ground situation, following the recent spate of violent incidents that have dragged Mannar into the spotlight of the war.

We were detained at the police station as Jeyaraj had gone in the van to a nearby road in search of a cup of tea while Ashoka and I were at a meeting down the lane.

Jeyaraj was detained at the police check point, attracting suspicion as Ashoka’s camera bag happened to be lying on the back seat of the van. Ashoka and I too were summoned by the police.

We were being cross examined by SSP Tennakoon, when the attack on the sentry point close by took place and the police station was taken on alert.

The SSP was cordial and polite. We were released when we convinced him of our identity and mission.

Sam Ratnarajah, the fatherly proprietor of the guest house we were staying at, “Manjula Inns” and his charming wife, were at the door step anxiously waiting for us. They welcomed us in relief.

“We heard the sounds of the attack. We were so worried because you were out at the police station”, said Sam.

I last visited Mannar two years ago to conduct a workshop on Media Professionalism and Ethics for journalists. Mannar then was peaceful, calm and quiet. My memories of Mannar two years ago are linked with majestic churches, lazy donkeys, busy fisherfolk, sunny beaches, fish laid out to dry, delicious sea food, the warm hospitality at Manjula Inns….

Today the cruel tentacles of war have spread over Mannar.

The people are paralysed with fear. Children are clinging to their mothers. Women are afraid to go out. As dusk falls, people flock to the churches to take refuge. They huddle on mats on the church floor. Civilian vehicles do not ply on the roads in the dark.

Booming sounds of guns and the bursting of shells frequently shatter the strange solitude.

By 7.00pm. the town was dead. Doors and windows of the houses along the streets were bolted. Only the military presence was visible. A few men were winding up operations at a small restaurant.

“Our shop used to be open till the early hours of morning those days. Now we close by 7.00 pm”, said the shop keeper.

“Has anyone instructed you to close the shop?” we questioned.

“No, we are afraid. In the past we had cordial relations with the military. Now, when they are attacked by the LTTE, they retaliate. Innocent civilians are the victims,” he replied.

Visiting the famous Mannar fish market in the morning, we saw empty stalls and idle fishermen with burdened faces. The restrictions on fishing had their toll.

“How can we live and fend for our families if we are not allowed to engage in our occupation?” they lamented.

We met a group of mothers, teachers and children of Mannar at the Methodist Church Sunday school get- together at St Xavier’s Girls school.

“We are caught in a current of fear. We can only derive strength to face this situation through religious programmes”, said Krista, the Directress of the Sunday School.

The children flocked around us and talked about the current situation.

“A new check point has been constructed near my house. I am frightened!” exclaimed 10- year-old Ravi.

The little ones raised various concerns.

“People are arrested often these days!”, “In Vankalai two little children were killed!”, “People are internally displaced!”, “There is a big army camp!’, “They found a body inside a bag at Keeri. Later on they discovered it was a man from Vankalai!”, “Mulaitivu was bombed!”, “Lots of children died through the claymore mine in Kebethigollawa!”… These were some of the utterances of the children.

“We want peace. We like Sinhalese children. We want to be friends with Sinhalese children. We are only afraid of God and the army and the navy and the LTTE” they exclaimed.

St Xavier’s Principal, Sr. J Rodrigo, said although school activities were going on uninterrupted, the children were living in a state of fear.

Mr. N. Jeyabalasingham, Secretary, Citizens Committee of Mannar voiced concern over the recent incidents that had disturbed the lives of the people of Mannar. He also referred to the fear of the people due to increased military presence and the poor relations between the military personnel on the streets and the people.

“The Commanding Officer of the Army in Mannar, Major General Munasinghe is however an understanding and friendly person. We respect him and have high regard for him. The Citizens Committee has frequent contact with him,” said Mr. Jeyabalasingham.

The Citizens Committee staged a protest march as an appeal to the government and the LTTE to put an end to violence, to adhere to the Ceasefire Agreement and resume peace talks.

“We have regard for President Mahinda Rajapakse and believe that he is sincere in trying to bring back peace. However he is obstructed by extremist elements. The Tamils have many problems and grievances. We hope that our grievances will be looked into. War should be somehow avoided,” he said.

Mrs Jessie Arasaratnam, District Co-ordinator, Mannar Womens’ Development Federation said the women were especially afraid after the alleged rape and murder of Mary Madeleine of Vankalai, Mannar and her family.

“This type of violence must stop. Women must be allowed to live without fear of sexual violence and brutality!” she maintained. She explained that after the incident women who lived in isolated locations left their homes and took refuge in safer places at night.

“We can do very little. We are even afraid to talk. The women are severely traumatised. They need counselling. However even the few counsellors we have are women. They are afraid to travel to remote areas,” she added.

Mr. A.S. Johanthasan, Chairman of the Sri Lanka Red Cross project office, Mannar said things have drastically changed.

“People are afraid to sleep in their homes. Even if someone knocks on the door, we are frightened to open the door, in case we are killed,” he said.

“People of all communities have lived peacefully together for centuries in Mannar. We have nowhere else to go. If the peace talks don’t resume, the situation will deteriorate further,” he added.

Dr. Mrs S. R. Jude, Deputy Provincial Director of Health Services said that the Mannar General Hospital is faced with a severe lack of medical specialists including VOG, Physician, Surgeon and Paediatrician.

“Patients have to be taken to Anuradhapura or Vavuniya for emergency or specialised treatment. When they go to Anuradhapura, they have a communication problem due to language barriers. Also after the Kebethigollewa incident, most Tamil patients are afraid to go to Anuradhapura,” she said.

Dr. Mrs Jude also voiced concern over the lack of counselling facilities in the Mannar Hospital. The people, especially women and children are severely traumatised. There is little we can do to help them”, she lamented.

Dr Suganthy Kalaichelvan, who is in charge of the Outdoor Patients Department and Mental Health said that many patients, especially women and children are afraid to come to the hospital for treatment.

“After a blast, the military came with guns into the hospital,” she said. After the Vankalai incident, five patients suffering from psychosis who had been cured and were leading normal lives had relapses and were readmitted for treatment to the hospital,” she said.

Dr Kalaichelvan said children have seen photographs of the children murdered in Vankalai published in newspapers and are afraid that the same fate will befall them.

Dr. Kathiragamanathan, Divisional Director of Health Services who is also the President of the Consortium of Hindu Temples said they run an orphanage for Hindu girls.

The orphanage is close to the Army Brigade Headquarters. He said the children are living in a state of fear as they hear the sound of firing.

We visited Talaimanar to meet refugees from Trincomalee who had come there in a bid to escape to South India. Rev. Anthonythas Dalima of St. Lawrence’s Church, Thalaimanar was faced with the challenge of providing humanitarian assistance to the large number of people from Trincomalee who had flocked to his church. “We don’t want war. Innocent people must not be punished like this. Our Bishop is trying to make Mannar a peace zone. He is appealing to both the Government and the LTTE to co-operate to bring back peace,” said Rev. Dalima.

“We do not want war. We are suffering so much. Peace talks must be resumed”, declared a group of Talaimanar fishermen in unison.

“The NGOs in Mannar and the people of Thalaimanar did their best to help these innocent people who were tremendously traumatised. When the Governor of the North East ordered that they should be sent back to Trincomalee, they threatened to end their lives by drowning in the sea rather than return”, he said.

As the Talaimanar school, where the refugees were housed, was reopened the refugees have been shifted to Pesalai.

We visited the church of Our Lady of Victory, Pesalai which was the centre of attack while 3000 villagers took refuge, in the aftermath of a battle at sea between the LTTE and the Sri Lanka Navy.

Even a week after the attack on the church, the helpless people remained huddled on mats on the floor. They pointed at gaping holes left by bullets around the church walls. They pointed at broken glass at the church altar. They pointed at the spot where an elderly grand mother, Klaramma Josephine lost her life when the church was attacked. The people flocked around their priest, Fr Vincent Patrick. Their only solace was the church.

Walking down the seashore, we saw the charred remains of boats and huts that had been destroyed in the nearby village. A few lonely fishermen gazed at the ashes that remained.

Travelling to the little hamlet of Vankalai, we went in search of the house of Mary Madeleine who was brutally raped and murdered along with her husband Sinnaiah Moorthy Martin and children Anne Lakshika (9) and Dillakshan (7). It is alleged that they had been tortured, beaten and hacked to death.

The family lived in a housing scheme “Thomaspuri”, in a remote location. We found “Thomaspuri” with difficulty. “Thomaspuri” was a strange sight indeed! Even at 11.00 am, the village was incredibly devoid of life. No people were visible in the houses or on the roads. Doors and windows were shut.

As we were trying to locate the house, two men emerged from oblivion. They made their way towards our van on push bicycles. The two men presented a menacing sight. They were burlesque, bare-bodied and clad in sarongs. One brandished in his hand an enormous knife, its glinting blade shimmered wickedly. The other had a sturdy knife tucked into the waist of his sarong.

They interrogated us with suspicion. We explained our mission. They offered to show us the ill-fated house. They requested us to get out of our van and follow them on foot.

We followed them with trepidation. They showed us the house. Only the cadjan roof and the wooden poles that supported the roof remained. A solitary black plastic flag was the only grim reminder of the tragedy.

“The cadjan walls were removed as the funeral of the family of four was held here,” they explained.

“Where are the people in the village?”we questioned.

“Some have gone away. Some are hiding. They are afraid!” explained our guides.

Ashoka quickly clicked his camera. We made a hasty retreat.

“There is tremendous deterioration in the cordial relations that had been developed between the military and civil society over the last few years. This is a dangerous trend. There is an urgent need to introduce confidence building measures. Those who commit crimes should be penalised. Not innocent people,” maintained Raga Alphonsus, Project Manager of ZOA Refugee Care.

The Mannar Women for Human Rights and Democracy strongly condemned all attacks on civilians—Tamils, Muslims or Sinhalese—and called upon all warring parties to immediately stop hostilities and resume peace talks with a genuine commitment to finding a lasting political solution.

In spite of the deteriorating relations between the military and the civilians, they had one thing in common: They were all craving for peace. “We do not want war! Peace talks should be resumed!” was the unanimous plea of all.

The gloomy clouds of war lurking over Sri Lanka are getting darker and darker. The horrendous acts of violence are escalating, from Trincomalee to Thammutegama, from Mannar, to the heart of Colombo. [Courtesy: Nation.lk]

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UTHR (Jaffna): LTTE & Security Forces violating human rights

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.”

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