போர்க்குற்றம் தொடர்பில் அறிக்கை

October 21, 2010

Hon. Marzuki Darusman

Chairman of UN Panel of Experts

UN Headquarters

First Avenue at 46th Street

New York , NY 10017

USA

Hon. Ms. Sooka Yasmin

Member of UN Panel of Experts

UN Headquarters

First Avenue at 46th Street

New York, NY 10017

USA

Hon. Steven R. Ratner

Member of UN Panel of Experts

UN Headquarters

First Avenue at 46th Street

New York , NY 10017

USA

Email: panelofexpertsregistry@un.org

There is Irresistible Evidence Senior LTTE Cadres Have Been Summarily Executed by the Army

Dear Hon.Panellists,

On July 10, 2010 a senior cabinet Minister unwittingly provided the first hint that top leaders of the LTTE V.Balakumaran and Yogaratnam Yogi have been killed after they surrendered to the army on May 18, 2010. The Minister involved is D.E.W. Gunasekera who is in charge of Rehabilitation and Prison Reforms. On a visit to the North in July he met groups of war widows that included wives of Balakumaran and Yogaratnam Yogi. (http://www.jdslanka.org/2010/07/sri-lankan-minister-confirms-killing-of.html)

Ironically Minister Gunasekera is the General Secretary of the Ceylon Communist Party, a coalition partner of the ruling UPFA. Among his former comrades are Alaveddy V. Ponnampalam, Udupiddy Pon Kandiah, Urumpirai Vaithilingam and Jaffna Karthigesu. If these comrades were alive today, they would have suffered heart attack seeing him among some of the worst Sinhala supremacists who have out performed the Bandaranaikas, Jeyawardena and Premadasa combined! This writer also knows Comrade Gunasekara personally.

Balakumaran and Yogi

Yogaratnam Yogi was a member of the LTTE negotiating team which held talks with the then President Ranasinghe Premadasa’s government and Balakumaran was formerly the leader of the Eelam Revolutionary Organisation of Students (EROS) and joined the LTTE in the early 1990s and emerged as one of its ideologues.

Earlier there were rumours floating that many senior LTTE surrendees have been summarily executed or put to death after torturing them when they refused to play ball by the government. Although, Minister Gunasekera stung by a barrage of criticism tried to wriggle out of the quack mire by stating Balakumaran and Yogi must have died during the last phase of the war there were no takers. Sri Lanka's Child Development and Women's Affairs Ministry has said that some 89,000 women in North (49,000) and East (40,000) have become widows due to the three-decade long armed conflict. This Ministry has included the wives of Balakumaran and Yogi among the of 89,000 war widows!

Revelation by Lankafast.com

On May 31, 2009, Lankafirst.com website quoting Government Information Department sources, reported that some top Tiger leaders who were in military custody were going through series of serious investigation by the security forces. The web site reported that “Former eastern province political wing leader and subsequently in charge of the economic division Karikalan, former spokesman of the LTTE Yogaratnam Yogi , former EROS MP turned advisor to the LTTE V. Balakumaran, a former spokesman of the LTTE Lawrence Tilagar, former Deputy political section leader Thangan , former head of the political section for Jaffna district Ilamparithi, former Trincomalee political wing leader Elilan, former head of the LTTE sports division Papa , former head of the administrative division of the LTTE Puvannan and deputy international head Gnanam are in custody,” it said.

Asian Tribune

On June 12, 2009 The Asian Tribune, a mouth piece of Mahinda Rajapakse’s government, reported that "LTTE Senior V.Balakumar and seven other hardcore Tigers are in the police net, Asian Tribune learns. They are Yogaratnam Yogi, former LTTE spokesman, Baby Subramaniam, LTTE stalwart of long years, Lawrence Thilakar, a former head of the LTTE’s International Secretariat, Ilamaparithi, Jaffna political leader, Karikalan of the Eastern Province and three others whose names are not immediately available. (http://wannioperation.com/news/2009/06/ltte-seniors-balakumaran-8-other-hardcore-in-police-custody/)

Nabbed hours before the Elam War ended, they are detained under the Prevention of Terrorism Act. Informed sources said that Balakumaran and his colleagues were initially kept at an army camp in Anuradhapura . They were flown to Colombo and presented before a Police Magistrate at his residence who has ordered their detention at Anuradhapura itself. Accordingly, they were flown back to the army camp." ( Colombo , 12 June, (Asiantribune.com)

Asked by The Island today whether among the detained terrorists were Yogaratnam Yogi, one-time LTTE negotiator and Balakumaran of the EROS, who threw his weight behind Velupillai Prabhakaran, Rehabilitation Commissioner Brig. Ranasinghe said that he did not have them.

Media reports confirm arrests LTTE seniors

On June 11, 2009 a media report posted in state-owned Sinhala daily The Dinamina said that Balakumaran was arrested while hiding in a refugee camp in Vavuniya. (http://www.lankanewspapers.com/news/2010/7/58890_space.html)

In December, 2009 a report by the University Teachers for Human Rights ( Jaffna ) also said Balakumaran and his son teenaged Sooriyatheepan surrendered to the 53 army Division near Irattaivaykkal along the Nanthikadal lagoon on May 16.

The UTHR-J report mentioned the following top leaders as having surrendered: Karikalan (former eastern province political wing leader and subsequently in charge of the economic division), Yogaratnam Yogi (former spokesman of the LTTE), Lawrence Thilagar (a former spokesman of the LTTE, a one time head of LTTE office in Paris and later in charge of the Tamil Rehabilitation Organisation), Thangan (former Deputy political section leader), Ilamparithi (former head of the political section for Jaffna district), Elilan (former Trincomalee political wing leader), Papa (former head of the LTTE sports division), Puvannan (former head of the administrative division of the LTTE), Gnanam (deputy international head) and Tamilini head of the Women’s political wing. (http://www.lankanewspapers.com/news/2010/7/58890_space.html)

BBC reports surrendees “tortured and beaten”

On July 15, 2010 Swaminathan Natarajan BBC (Tamil Oosai) correspondent in a report said "In letters and phone calls to the BBC, some ex-militants claimed that they had been "tortured and beaten" in the detention centres.”Military officers often call us dogs - even if we don't shave for a day we are beaten up badly," the BBC report said quoting one of the detainees’ letters as saying. "Some are hanged upside down," she wrote. "Some are made to lie down in the floor and beaten with belts and sticks. They don't take the injured to hospital. "Others accuse the authorities of providing no information on the whereabouts of their loved ones and of orchestrating "disappearances" from the detention centres. They say that detainees taken away for questioning have not returned and no-one knows what has happened to them.

One letter written by a woman from the eastern town of Trincomalee said some young detainees had been "beaten black and blue". "Some are hanged upside down. Some are made to lie down in the floor and beaten with belts and sticks. They don't take the injured to hospital," the woman told the BBC.

Questioned by the BBC (Tamil Oosai) correspondent Minister Gunasekara strenuously denied the claims. He said "I have visited Jaffna , Kilinochchi and Vavuniya where I met many people - including wives and relatives of the detainees, no one made any complaints to me." With a tinge of sarcasm he suggested that ""Instead of writing letters to the BBC in London , ask them to write to me and I will look into it." (http://www.bbc.co.uk/news/world-south+asia-10647108)

Lanka Guardian published photographs of Balakumar and son

On August 06, the Lanka Guardian published a photograph taken in the army controlled area detention centre showing V. Balakumaran and his son seated on a bunk under a tree. The background of the photograph shows army soldiers moving around the area. According to Lanka Guardian V. Balakumaran came to surrender to the Army with white flags together with other senior leaders of the LTTE. The photograph was taken in the army-controlled area. (http://www.lankanewspapers.com/news/2010/8/59145_space. html)

At the same time international media also reported that former Tamil Tiger rebels detained by the Sri Lankan army have been tortured and ill-treated in government camps with no basic facilities.

ICJ says largest mass detention in the world

On September 17, 2010 the International Commission of Jurists (ICJ) said Sri Lanka has failed to adhere to international law in detaining suspected LTTE cadres. The watchdog said the detention of nearly 8,000 rebel suspects for months without a trial is perhaps “the largest mass detention in the world”. It urged Sri Lanka ’s donors and the UN to urge Colombo to improve its human rights situation. It also questioned the reasons for maintaining emergency regulations and the Preventing of Terrorism Act (PTA). The ICJ claimed there is a “legal vacuum” over the detention of former LTTE. ( “surrendees”. http://adaderana.lk/news.php?nid=9959)

Testimony before LLRC by war victims

From September 18, Sri Lanka ’s Lessons Learnt and Reconciliation Commission (LLRC) commenced sittings in the North and recorded statements from war affected persons in Kilinochchi town and later in Kandaavalai and in Mullaiththeevu. Despite claiming that the LLRC is being held in public, the government blocked BBC coverage of the hearings. This is because of government perceived phobia that journalists, both foreign and domestic are biased against it.

Many Tamils think that LLRC as another futile exercise in the art of duplicity. They think that this Commission is a ruse created merely to keep the global powers at bay and ward off international criticism. .Previous Commission reports were allowed to die a natural death. The LLRC is another attempt by President Mahinda Rajapaksa to preempt the three men UN panel appointed by Ban Kid-moon. The panel was assigned to look into the modalities, applicable international standards and comparative experience with regard to accountability processes, taking into account the nature and scope of any alleged violations in Sri Lanka during the last stages of war with the LTTE.

But, Sri Lanka claimed the UN panel is “an evil interference in the domestic affairs of Sri Lanka ” and the brainchild of Ban Ki-Moon. It unleashed malicious attacks as part of an insidious propaganda war against the UN panel. Sri Lankan government Spokesman and Media and Information Minister Keheliya Rambukwella has accused the UN of having a “hidden agenda.” He released a statement which said: “The United Nations appointing of a Panel of Experts to advise the Secretary General on accountability of activities that took place during the last phase of the war as “an unwarranted and unnecessary interference with a sovereign nation.”

Hundreds of people lined up to give their testimonies in front of LLRC, but most of them are not allowed to testify. Only a handful of witnesses were allowed to give evidence before the LLRC and others were driven away. Women with children had come with the hope of getting information about their husbands, sons and daughters who had disappeared without trace after surrendering themselves during the last phase of the war in Vanni.

The LLRC commenced recording the statements of war affected people at its first sitting was at Kilinochchi town and later in Kandaavvalai and at Mullaiththeevu. Before leaving to Vavuniya on Monday, the LLRC officials took the opportunity to witness Mullivaaikkal and Puthumaaththalan where armed forces shelled, bombarded and killed tens of thousands of people taking shelter in bunkers, temporary tents and lines for food, using the banned cluster and phosphorous bombs. They also visited Mullaiththeevu hospital and other places which are mostly seen as ghost sites.

Agricultural officer Nadarajah Sundaramoorthy told the Commission that more than 40 to 45 pregnant mothers and babies died when they were hit by shells and aerial strikes as they waited in a queue to collect nutritional food. He said the incident occurred in Puthumathalan, where the LTTE and civilians were cornered in the final days of the conflict. He said his daughter was injured when a bullet pierced her throat.

Sundaramoorthy said that the Sri Lankan army used cluster and phosphorous bombs. As a result of using these banned bombs, civilians suffered heavy causalities. Daily, 400 to 600 persons were dying. Another 1,000 people were injured on a daily basis. He blamed the government saying that the government declared a buffer zone, and asked the civilians to stay in the buffer zone. However, after the announcement and after civilians sought shelter in this narrow strip of land, the government launched massive aerial and shelling attacks on them resulting in heavy casualties to the civilians. If the civilians were not asked to stay in the declared safety zone area, not as many civilian casualties would have occurred.

Mrs. Ananthi Sasitharan testifies before LLRC

One of the prominent witnesses who gave evidence before the LLRC was Ananthi Sasitharan (40) wife of Elilan, former Trincomalee political head of the LTTE. In her testimony before the LLRC said that her husband, Mr. Elilan, and other senior LTTE officials Yogaratnam Yogi and Lawrance Thilakar, both of whom took part in negotiations earlier, and LTTE Political Wing Deputy Chief Thangkan, former Jaffna Political Head Ilamparithi, Head of Administrative Unit Poovannan, Piriyan, Theepan, Sports Wing Chief Raja and his 3 children, Kuddi and Holster Babu were among those surrendered in front of her eyes to the Sri Lankan forces under the coordination of a Catholic Priest at Vadduvaakal in Mullaiththeevu on 18 May, 2009. In addition, the list of names of missing are Poet Rathnathurai, V. Balakumar, LTTE strategist, Karikalan, Head of the Political department, Batticaloa and Ilankumaran (Baby Subramaniam) Head of the Educational Department.

Mrs. Ananthi Sasitharan further said President Rajapaksa should know the whereabouts of her husband and fellow LTTE officials who surrendered. If they have not been murdered, then the government must produce them or disclose their whereabouts. It should be mentioned the ICRC, media, INGOs, Members of Parliament, and UN Agencies have been denied access to internment camps holding LTTE cadres.

Mrs.Ananthi Sasitharan interview to BBC

On September 18 (Saturday) Mrs. Ananthi Sasitharan was interviewed by BBC (Tamil Oosai) following her testimony before the LLRC. She told BBC (Tamil Oosai) that she and her three daughters witnessed her husband and hundreds of other LTTE members surrendering to the Sri Lanka Army (SLA) soldiers on 18th May 2009, after the war has come to an end. "I have been trying to trace my husband and have not been successful to locate his whereabouts. I have no doubt that Sri Lanka 's president knows where my husband and others who surrendered are being held," she told the BBC.

"If my husband has disappeared during the war, then there will be reason to think that he may have been killed during the heat of the battle, but having seen him surrender after the fighting has stopped, there is absolutely no reason for me to believe that he is dead," Ananthi told the BBC.

When asked if she did not fear for her life [from Sri Lanka Government] after talking candidly before Sri Lanka's commission, Ananthi said, she has never been afraid of death, and that her resolve to live has long been disappeared. She added that she will continue to her efforts to find her husband.

"All countries have betrayed us,” she told BBC (Tamil Oosai) after complaining to the LLRC that SL President should know the whereabouts of her husband and fellow LTTE officials surrendered through a Catholic Priest in Mullaiththeevu on 18 May 2009.

When asked whether she was concerned about repercussions for stating her views publicly from Vanni, the mother of three responded: “I am not afraid. I am prepared to face anything since we don’t now live with the zest for life.”

She further said that, while her three daughters were psychologically traumatised from seeing death and destruction, she is managing to bring them up as best as she can from the income from her employment.

On 19th September, 2010 TamilNet published a verbatim English translation of Aananthi Sasitharan's interview to BBC (Tamil Osai) under the heading "Elusive international justice snatches away desire to live." (http://www.tamilnet.com/art.html?catid=79&artid=32650)

“I had complained by a letter to the Vavuniya, Colombo International Red Cross Society and in person. I had complained to Vavuniya Human Rights Commission regarding my husband, but I did not receive any reply. Several months had lapsed, but my husband's whereabouts is still not known.

A remarkable feature of her interview is her spirit of defiance in the face of adversity and despair. She did not mince her words and always spoke in terms of collective self, as “we” and not "I." This Eezham Tamil psyche that is seriously concerned more about the sufferings of the nation than individual miseries. Rightfully she was called "Veeraththai" by a Tamil activist!

Mrs. Ananthi Sasitharan appealed to the media to bring to light her plea to the attention of world leaders and media outlets to exert pressure upon the Sri Lankan government to release her husband. Despite the pleas from people like Mrs. Ananthi, international media and world diplomats have taken little attention to their pleas.

Mrs. Ananthi Sasitharan said he and her three daughters witnessed her husband and hundreds of other LTTE members surrendering to the Sri Lanka Army (SLA) soldiers on May 18, 2009, after the war came to an end.

Mrs. Ananthi Sasitharan, in a letter addressed to Ms. Sooka Yasmin (Executive Director) of Foundation for Human Rights and a Member of UN Experts Panel, on September 15, 2010, wrote: “My husband Sinnathurai Sasitharan on 18.05.2009 at Vanni Mullaiththeevu District in Vadduvagal Division on the Head of Church Father Francis Xavier with many hundred Tigers surrendered to Mullaiththeevu Sri Lankan Army.

When the LLRC went to Batticaloa many Tamil civilians testified before the panel about missing relatives. Among them were wives of LTTE military spokesman Rasiah Ilantherian and Prabha head of the Tiger intelligence wing in Batticaloa. Both have not been seen since being detained by the army.

Mrs.Punitharuban Vanitha the wife of Ilantherian testimony

Mrs.Punitharuban Vanitha the wife of Ilantherian said her husband was taken away by the army on 17 May 2009, just before the Tigers suffered their final defeat. She was told, she said, that her husband would be returned after treatment for minor injuries. Mrs. Vanitha told the LLRC that she has not seen her husband since then. Bobitha Prabhaharan, the wife of Prabha, also said her husband was detained in May last year, and has heard nothing from him since.

Sri Lanka ’s history of the past three decades has been violent and conflict ridden. Over 150,000 have died during the last 30 years. Out of this 40,000 died during the last phase of the war by aerial bombardment and multi-barrel shelling. Whatever the Sri Lankan government may say, three decades of violent conflict has resulted in a deeply divided and polarized society. Sri Lanka might be one country geographically but remain polarized ethno socially. The LLRC is an exercise in futility. If at all it is going to make matters worse.

Overwhelming evidence

There is overwhelming eye witness evidence that not only the Sri Lankan army committed war crimes, crimes against humanity and genocide before the war, but after the war as well. There is no denying the fact that senior cadres of the LTTE were seen inside the camps and their subsequent transfer to army detention centres. There is even photographic evidence of Balakumar and his son sitting stoically under the tree in one such detention centre.

If the Sri Lankan government says the senior cadres who surrendered in front of their wives are now not in their custody the conclusion is irresistible. They have been done to death by thugs in uniform on the orders of the defence Ministry. There is no other plausible reason for their forced disappearance at the hands of blood thirsty barbarians in army uniform.

Unfortunately, human rights activists or organizations are not forcefully speaking about the fate of these prisoners of war. HRW, AI and ICG are keeping deadly silence. The TGTE, GTF. BTF and TAG should take meaningful action to bring President Mahinda Rajapakse, Defence Secretary Gotabhaya, former Army Chief Fonseka and others before the International Criminal Justice and tried for war crimes, crimes against humanity and genocide.

The urgent need now is for the TGTE, GTF, BTF and TAG to take concrete action in the face of overwhelming evidence to bring President Mahinda Rajapakse, Defense Secretary Gotabhaya, former Army Chief Fonseka and others before the International Criminal Justice and tried for war crimes, crimes against humanity and genocide.

Although the UN Panel appointed by the Secretary - General and is not an "investigative or fact- finding body", we still hope the Panelists will name all state players responsible for the senseless slaughter of innocent men, women and children not only DURING the last phase of the war, but AFTER the war ended when LTTE cadres surrendered to the Sri Lankan armed forces. If former president of Serbia Slobodan Milosevic could be put on trial for war crimes why not president Mahinda Rajapakse, Commander- in - Chief of the Sri Lankan armed forces?

Yours Sincerely,

TCWA

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பான்கி மூன் குழு போர்க்குற்றம் தொடர்பில் அறிக்கைகளை கோருகின்றது

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