Case of Karuna to International Criminal Court?

Photo: Col. Karuna discusses with his deputy Pillayan at Colombo office few days before leave the Country.

(November, 09, London, Sri Lanka Guardian)
The British government and other international organizations have made plans to hand over Vinayagamoorthy Muralidaran alias Karuna Amman to the International Criminal Court as soon as possible, reliable sources from British authorities said.

This is a sequel to pressure from human rights groups. Amnesty International has stated that, as quoted by IANS, under article six of the Geneva Conventions, if the UK is satisfied there is reasonable testimony of torture, the government would have to start a preliminary inquiry under UK law. If one person was to complain with credible evidence, then there would have to be an investigation. We are in touch with international groups about bringing evidence to this country to help the police and prosecution services."

Human Rights Watch also mounted pressure on the UK government saying they have raised their concerns with the UK government and would like the government to see whether there is a valid basis under the principle of universal jurisdiction to prosecute Colonel Karuna for possible war crimes or human rights abuses such as torture.

Col. Karuna Amman who broke away from the LTTE in March 2004, created a new political and military organization called Tamil Makkal Viduthali Pulighal (TMVP). He also strongly supported the Government and its military operations in the East against the Liberation Tigers of Tamil Eelam (LTTE) the most ruthless terrorist organisation in the World banned by more than 30 countries. He has used more than a hundred innocent children as his soldiers with government support. But the government and the TMVP openly rejected these allegations made by the UN, several press reports and the public.

The Sri Lankan government successfully finished their operations in the East in the middle of this year, ousting the LTTE from its major strongholds. After that, the internal conflict within the TMVP, deepened. The government now felt that their alliance was an embarrassment because of Karuna’s use of child soldiers and his extorting money from the population. It therefore sought to distance itself from Col. Karuna. He fled the country using a DPL passport under a false name purporting himself to be Sinhalese. The BBC, citing sources, claimed government complicity in issuing a diplomatic passport to him and recommending a visa to the British High Commission for him to enter the UK.

Meanwhile, as Karuna was arrested in London a few days ago, the Sri Lankan government seemed to be distancing itself from its erstwhile ally and protégé. Sri Lankan High Commissioner to the UK stated with other government officials there, "We can't do any thing to protect to Col. Karuna. We can only wait and see what is happening".

The UK Home Office has confirmed that Colonel Karuna is now "being held in immigration detention".

A spokeswoman told the media that the Home Office "is unwilling to confirm" that he was given a UK visa under false pretences.

The Home Office has not ruled out returning him to Sri Lanka.

According to the Home Office, "The 1951 Refugee Convention allows us to exclude persons from the protection of asylum where there are serious reasons for considering that an individual has committed a serious crime or other acts which make him or her undeserving of international protection.”

"The convention also provides that in some circumstances persons can be returned to their country of origin, even though they may have a well-founded fear of persecution there," added the spokeswoman..

But she told the BBC news service, "We don't comment on individual cases; however where evidence comes to light of involvement in war crimes, cases will be investigated,"

Hence, groups such as Amnesty International, Human Rights Watch and the Coalition to Stop Child Soldiers have urged the British government to launch investigations into Karuna's activities. They are gathering evidence to launch such a prosecution.

"Karuna has two layers in London for support for him. But the international community is strongly against him. Also the government of Sri Lankan forgets him. The government of Sri Lanka is trying to salvage their dignity", a source very close to Karuna told the Sri Lanka Guardian.

Col. Karuna is a former Eastern Military Commander of the LTTE. His wife Vidyavathy alias Nira is also a former LTTE fighter from the East. She and their three children had arrived in London ahead of Colonel Karuna.

The eventuality of Karuna’s being charged with war crimes has serious negative ramifications for the LTTE since many of the crimes he committed were from within the LTTE. A public trial bringing out Karuna’s activities would taint the LTTE. This in turn could lead to Karuna plea bargaining to give evidence against V. Prabhakaran, the leader of the LTTE.