Attack is the best form of defence for Sri Lanka

"The present government is a cocktail of politicians of variety of characters. They are not driven by any political ideologies or well set plans to progress the nation in a wide ranging and accountable issues."
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by Rajasingham Jayadevan

(July 02, London, Sri Lanka Guardian) The Government of Sri Lanka (GoSL) and its front agencies are engaged in a boisterous campaign to counter the government’s questionable conduct on good governance and war crimes. Instead of approaching the concerning issues in a responsible and accountable manner, they indulge in mudslinging campaigns against the parties. Their attack spree has not spared even the reputable international figures and organisations.

In the process of their shouting and screaming campaign, the GoSL indirectly admits its guilt by its conduct. In this, the denial spree government is giving the clear message that it is all out to cover up its rots at any cost. The government knows very well that without countering the charges noisily, it will not be able to contain the accusations and prevent any process to make it accountable. It is very much clear that this dishonest government has no other alternative than rebuking the charges by ridiculing the demands and those concerned out of the way at any cost.

Anyone put forward serious questions about governance, human rights violations and war crimes are treated with contempt and are scorned, and in some cases threatened with serious consequences.

The list of victims of the screaming campaign of GoSL is endless. The best and easy weapon Sri Lanka has at its disposal is to simply brand those questioning as mouthpieces of the LTTE. By this conduct, it freely internationalise the LTTE.

The present government is a cocktail of politicians of variety of characters. They are not driven by any political ideologies or well set plans to progress the nation in a wide ranging and accountable issues. This cocktail mix includes clean suited yes men and mavericks and also scary gangsters, paramilitary goons, the so-called ex- terrorists who use their authority in office to enjoy the well natured impunity practiced by the state. The voice of the goons in the government is unrelenting that the passive ones remain subdued and accept the methods of the boisterous and the terror goons without any remorse.

It is worthwhile listing some of the names of the international figures and organisations whom have been castigated by these unconventional persons of the government in a systematic manner.

Ban-Ki Moon – UN Secretary General: He is castigated and even branded as a LTTE mouthpiece for appointing a team to advise him on Sri Lanka.

Hillary Clinton – US Secretary of State: She is branded as another LTTE front person and she came under sustained accusations by the government men and its agents for questioning Sri Lanka.

Navi Pillay - UN Human Rights Chief: She came under relentless and unreasonable attack for playing her role as the head of the top international job. She was slandered in a systematic way to push her out of the office with the help of governments supporting Sri Lanka.

Human Rights Watch – The New York based HRW was an acceptable body when the organisation internationalised the human rights violations of the LTTE. When HRW upheld its neutrality and exposed the GoSL of war crimes, it came under systematic and sustained campaign and branded as a LTTE front.

Amnesty International – This is another pioneering human rights organisation that is not spared by the government and is being linked to the LTTE unreasonably.

European Union – In order to cover up its failures in not meeting the GSP+ agreement, the GoSL is on the spree to brand the EU as another mouthpiece of the LTTE.

India: The President of GoSL knows how to wind up his maverick partner Wimal Weerawanse and the JHU lot to scandalise India whenever it suits him. He takes the two way approach of rocking the cradle gently whilst pinching the baby to scream in his dealing with India.

John Holmes - Under-Secretary General for Humanitarian Affairs and Emergency Relief Coordinator: He too experienced the adequate share of the attack by the GoSL fronts.

Philip Alston- UN - Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions: A man who stood for justice and put his findings without any fear or intimidation independently came under sustained attack by the government and the government fronts and unnecessarily branded as an LTTE agent.

The list of victims of GoSL onslaught and its fronts are endless and it is the case with the dubious and the gutless elements that are prepared to indulge in elongating and helping Sri Lanka to undermine fair pay in its conduct.

It is the Financial Times on 30/6/10 rightly stated: ‘Commentators in the country are fond of accusing international bodies, such as the United Nations, as being somehow sympathetic to the LTTE, which fought for an independent ethnic Tamil homeland in the north and east of Sri Lanka until its defeat last May. Even countries, such as the UK and the US, which banned the LTTE as a terrorist organization and helped crack down on its international financial network, are often accused in Sri Lanka of supporting the rebels’.

Sri Lanka was untouched when people in the south were brutally massacred during the two JVP insurrections in 1971 and after the IPKF arrival. The world has progressed much further since then and has become a global village. In this hi-tech global village escaping from becoming accountable will be uneasy. Let the brutal war with the LTTE be the final war where thousands of innocent people were killed and war crimes were committed in an unacceptable scale. Unless Sri Lanka is made accountable in the international level, it will continue with its spree and behave irresponsibly to undermine the fundamental values and act as a responsible state in the present day open global village. Read more...

Sri Lanka government must stop bashing the Tamil Diaspora

The Sri Lanka foreign missions have become the mouthpieces of the extremist Sinhalse nationalist sentiments.

by Rajasingham Jayadevan

(June 11, London, Sri Lanka Guardian) Since the defeat of the LTTE in May 2009, the government of Sri Lanka (GoSL) is on the spree of whipping up anti Tamil Diaspora sentiments. Unable to articulate a peaceful way forward to resolve the conflict in Sri Lanka in a positive and pragmatic way, the GoSL is preoccupied with its hysterical anti sentiments to silence and paralyse the vocal cords of the Tamils overseas by branding even the legitimate democratic campaign of the Tamils as extension of LTTE campaign.

Diaspora Tamils are the product of the failures of post independence Sri Lanka. Thirty years of indiscriminate violence has dispersed millions of Tamils all over the world. The emotional attachment to Sri Lanka of these Diaspora Tamils is so overt that until a peaceful resolution is found, they will not rest peacefully. The post war Sri Lanka is wilfully failing to understand the psyche of the Tamil Diaspora and is engaging in a spree to randomly ridicule and denounce it without substantive justification.

The foreign missions of Sri Lanka have become hellholes for majority of the Sri Lankans and these missions are unable to reach to the powerful Tamil Diaspora community due to the inaptitude of the GoSL to direct a positive accommodative political process in Sri Lanka. Generalising the entire Tamil Diaspora as pro-LTTE bandwagon and making humiliating comments are further straining the much needed engagement with the Diaspora Tamils.

The Sri Lanka foreign missions have become the mouthpieces of the extremist Sinhalse nationalist sentiments. They are the information feeders to the Sri Lanka foreign missions about the Tamil Diaspora community which result in the absurd anti-Tamil diaspora rhetoric’s by the GoSL hotheads. The only theme of the Sinhala extremists in the Sri Lankan Diaspora is the anti-LTTE bashing. There is total disconnect between the Tamil and Sinhala communities in the Sri Lankan diaspora that these Sinhala extremists nor the Sri Lankan foreign missions have the full awareness of the conduct of the Tamil community. Their knowledge and campaigns are limited to the failed historical activities of the LTTE and their inherent paranoia is only further damaging a better relationship to develop between the communities.

When on occasions Tamil activists bump on to these extreme Sinhala mindsets, they will vehemently argue about LTTE fundraising activities without realising that there are no public fundraising campaigns by any groups in the Diaspora as happened in the past. They make big issues about the residual funds of the LTTE and quantify the amounts in unrealistic multiples to espouse a sense of fear to undermine the entire Tamil diaspora.

Their ignorance is such that they attribute the activities of the few LTTE as collective effort of the Tamil Diaspora. When their hyped up comments are challenged and asked for justification, they become agitated and go on the raving, making personal attacks without attempting to explore the facts presented. Such ignoramus mindsets are the today’s foot soldiers of the Sri Lanka’s foreign office that result in the vituperation of the infamous GoSL spokespersons in Colombo.

The defeat of the LTTE has opened the gates for the Diaspora Tamils and their democratic engagement in their host countries is progressing in a escalating scale. Such involvement is welcome and is a positive way forward for the Tamils. Within the next decade, Tamils will be seen elected to the Australian, Canadian, British and even European parliaments and taking on important positions in the world. The talents of the second generation Tamils are already felt. They are strongly progressing to hold positions that the first generation of the Tamils could not achieve. The ability of these Tamils can be harnessed for the betterment of Sri Lanka if the GoSL wake up to the reality and deal with the burgeoning political problem without which Sri Lanka is expected face a long drawn out conflict with the Tamil Diaspora. Read more...

A Labour and Tory comparison

By Rajasingham Jayadevan

“In 1997 Labour ended 18 years in the political wilderness in spectacular style’

(May 02, London, Sri Lanka Guardian) Tory Rule until 1997 - major issues
1. Sleaze (note 1) was a major issue.

2. Disunity within the party was self destructive.

3. Interest rate (note 2) was politically managed and sky rocketed to 15% leading to sterling crisis.

4. Two recessions during Tory rule (see attached- snep-04949pdf). The government intervention to tackle the recession was not there. Do not forget the time when home owners were handing over the keys to the lenders and also the high rate of unemployment during the Tory rule.

5. NHS was bashed by the Tories. Pioneering hospitals were closed down. Some leading ones were facing closures. If Labour was not elected in 1997, many more leading hospitals like St Bartholomew’s and Edgware hospitals would have been closed down.

6. Scandals after scandals were plaguing the Tory leadership and some leading figures even faced jail sentences.

7. Privatising state managed institutions lead to some of them becoming full fledged sharks, ripping off the people even during Labour rule.

8. VAT increased from 15% to 17.5% when Nigel Lawson was the Chancellor.

9. Immigration too was an issue then (Note 3)


Labour Rule since 1997- Major issues


1. Sleeze was not an issue. Though expense claims involving parliamentarians was a serous issue, it was a system that was in operation even during previous governments. The revelation of the scandal was restricted to the present government. The investigations did not go back to Tory rule.

2. Compared to Tory’s disunity, the Labour has shown unity except for discontent by few members now and then.

3. Interest rate was independently managed by the Bank of England and remained very low for the past 13 years.

4. The current recession was the only recession during Labour time. It is the product of global events and the greedy banks. The government adequately intervened to deal with the situation. The banks must come under further scrutiny and greedy bakers must be weaned out of the system.

5. NHS was safe with the Labour. The hospitals earmarked for closure by the Tory’s were salvaged by the Labour and are providing pioneering service.

6. Scandals experienced by the Tories were not prevalent with the Labour.

7. Privatisation was not the policy of the Labour. But Labour could have done more to bring check and balance on the public utility service providers made private by the Conservatives (the companies like BP privatised by the Tory’s).

8. Higher taxation was focussed on the rich. But Labour blundered when they removed the 10% band rate.

9. Freedom of Information Act- This is a good piece of legislation brought by the Labour government. Unfortunately, it has not seen the full effect.

10. Also see the letter (note 4) by David.

Note 1. Tory "sleaze"

A number of political scandals in the 1990s (building on previous examples in the 1980s) created the impression of what is described in the British press as "sleaze": a perception, peaking towards the end of the Major era, that the Conservatives were associated with political corruption and hypocrisy. In particular the successful entrapment of Graham Riddick and David Tredinnick in the "cash for questions" scandal, the contemporaneous misconduct as a minister by Neil Hamilton (who lost a consequent libel action against The Guardian), and the convictions of former Cabinet member Jonathan Aitken and former party deputy chairman Jeffrey Archer for perjury in two separate cases leading to custodial sentences damaged the Conservatives' public reputation. Persistent unsubstantiated rumours about the activities of the party treasurer Michael Ashcroft did not help this impression.

At the same time a series of revelations about the private lives of various Conservative politicians also grabbed the headlines and both the media and the party's opponents made little attempt to clarify the distinction between financial conduct and private lives.

John Major's "Back to Basics" morality campaign back-fired on him by providing an excuse for the British media to expose "sleaze" within the Conservative Party and, most damagingly, within the Cabinet itself. A number of ministers were then revealed to have committed sexual indiscretions, and Major was forced by media pressure to dismiss them. In September 2002 it was revealed that, prior to his promotion to the cabinet, Major had himself had a longstanding extramarital affair with a fellow MP, Edwina Currie. Read more...

Manipulation possible?

By Rajasingham Jayadevan

(February 02, Colombo, Sri Lanka Guardian) BBC news ‘Computer manipulation 'impossible' is appended below. Will the BBC investigate the story that some soldiers held the Election Commission staff under siege for six hours to doctor the results in favour of the President? This revelation is coming from a relative of a staff held in captivity by the soldiers.

Sri Lanka even used its paid experts to ridicule the killings of Tamils exposed by the Channel 4 television.

When serious allegations are made on the outcome of the election, it is expected a transparent investigation is undertaken without indulging in a vindictive mission to suppress the voice of the people.

Dr Ruwan Weerasinghe! If (subject to) the above claim is true, isn’t it correct to assume that the guns are more powerful to abuse the controls you have put in place to produce honest results. The system you have put in place is only good for the government machinery that values good governance. In the militaristic democracy of Sri Lanka anything is possible.

BBC News : Computer manipulation 'impossible'

The computer expert who was involved in presenting the final results in the recently concluded presidential polls has categorically rejected the accusations that the count was rigged using the latest technology.

Dr. Ruwan Weerasinghe, Director of the School of Computing, University of Colombo, told BBC Sandeshaya that the results were entered to the computer system after several verifications and cross checking.

"There were about 25,000 polling stations in Sri Lanka. The results from these centres are brought to about 880 counting centres," Dr. Weerasinghe said.

"Hand counted results from these centres are faxed to the commissioner of elections after the polling agents sign the results, the count is supervised and signed off by agents from political parties,” he added.

'Unbiased organisation'

The Director also said that the results are checked again before they are entered to the computer.

"We have a reputation of being an unbiased organisation,” he said.

He was responding to allegations by the main opposition that results of the election were manipulated using computer technology.

The School of Computing, University of Colombo was in charge of computerising the result of 26 January presidential elections.

Spokesman for main opposition candidate Gen Sarath Fonseka, Mangala Samaraweera, MP, has told media that it was the first time in the world that computer technology has been used to rig elections.

Dr. Vickramabahu Karunaratne, the candidate for the Left Front, echoed similar accusations.

"It was a computer conspiracy that involved senior officers and computer specials," he told journalists on Sunday.

But Dr. Weerasinghe says rigging the result of an election using computer technology, after such checks and balances, is almost impossible in Sri Lanka.

Read more...

An open letter to Douglas Devananda

You talk about democracy, whilst maintaining your paramilitary outfit. No that the LTTE threat is largely reduced, Isn’t it time for you to dismantle your gun carrying outfit and use the state security services to guard you against any security threats?
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By Rajasingham Jayadevan

(February 31, London, Sri Lanka Guardian) I am writing this open letter following the razzmatazz of your intended resignation from politics and then your melodrama to reincarnate yourself before resignation to continue with your degrading ping pong game to extend your paramilitary rule over the Tamil people.

Having known you from school days and engaging with you even afterwards and also been a vociferous critic of your clandestine mission, I am expressing my feelings without fear because I am free from the culture of terror that is being imposed on our people in Sri Lanka. I hope this will reach you and help you understand my concerns and frustration.

I have asserted my position regarding your violent stand leaving aside your dubious political role that undermines the real feelings of the Tamil people. It is not a hidden fact that the LTTE did not allow a political space for the Tamil speaking people and likewise, your agenda too is an extension of the very same mission of the LTTE. Unfortunately Tamil people are plagued with this unending culture and hope some good sense will prevail on you to find an exit from your violent mission.

At the time when you are in the crossroads to decide whether to leave politics or stay in, I thought of raising couple of questions that can help you decide your future to redeem yourself from your hysterical game if considered honestly.

1. You talk about democracy, whilst maintaining your paramilitary outfit. No that the LTTE threat is largely reduced, Isn’t it time for you to dismantle your gun carrying outfit and use the state security services to guard you against any security threats?

2. You have tainted yourself by indulging in criminal acts including murders of fellow Tamils until recently. You are enjoying the state bestowed impunity and the weak judiciary too is helping to sideline the crimes you have committed. If you have any scruples, now that the LTTE has been defeated, why don’t you seriously find an honourable exit from your violent politics to create a condusive climate for the Tamil speaking people to decide for themselves, how they want to build their future without any intimidation, threats or violence.

3. I have been critical of your money laundering activities and those businesses you manage that do not come under the scope of the Inland Revenue of Sri Lanka, due to your standing with the government. It is time that you disengage these and allow to create a competitive economic climate for the people to build their economic future without any fear and recrimination.

4. I am directly confronting your underhand work to destabilize the Tamil organizations in the Diaspora. Those who have fallen foul to your offers of paradise in Jaffna have lost their senses and are promoting your paramilitary outfit, whilst forgetting their stance when they found the LTTE's arms struggle was very detestable act. I appeal to you to stop interfering in the affairs of the Diaspora using underhand methods and take a much broader political approach to win the hearts and minds of the Tamil people.

These are a just few in a nutshell. I hope you will consider them with a much broader sense without reducing them to indulge in any form of threats or intimidations that you are specialist in.

Hope to see you soon to have a meaningful engagement with a broader perspective.

Kind regards.
R Jayadevan Read more...

Circumstances of Pirapakaran’s death questioned.

"A public trial in large and a hearing attended by local and international media would have kept alive the spirits of the Sinhala nationalism in an amazing scale. Knowing the mindset of the government this is what it would have wanted to achieve like what is being done to LTTE’s KP in a small way."
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By Rajasingham Jayadevan

(January 18, London, Sri Lanka Guardian) LTTE leader Pirabakaran’s death was a gimmicky driven prop up to increase the support base of President Mahinda Rajapakse to hold on to power to cover up his failures in good governance during his four year term in office.

The rudimentary way in which Pirabakaran’s body was paraded and the degrading methods adopted to reflect the gruesome injuries to his head and displaying his semi naked body are state managed drama to cultivate a precedence of another war victory against the Tamils of a yesteryears sense to be recorded in the history of Sri Lanka.

To achieve an outright victory claim, the government did everything to cover up and avoid due process of dealing with Pirabakaran’s death. The government feels it has succeeded in giving its message that has not been contested by the questioning mindsets within or outside Sri Lanka. The government’s dictatorial conduct towards the questioning media and the outspoken civil society bolstered its calculated agenda to mislead and fabricate the facts and to stamp its version of events as the only factual account surrounding the death of Pirabakaran.

Any one saying anything outside government’s version of the story or reveal some hard facts about Pirabakaran’s death are threatened of dire consequence. The government’s threatening conduct in its mission to uphold its only version of events has so far stood grounds. When there were no questions asked or debated about the circumstances of Pirabakaran’s death, the government’s story becomes the Sinhala story of how the President Mahinda Rajapakese (the Raja) has defeated the Tamil uprising in a brutal way like the historical Dutugemunu-Elharan war in which Tamil King Elharan was slain by Dutugemunu.

The children of Sri Lanka when they learn the modern Sri Lankan history, the Education Department approved version of events will be that Pirabakaran was slaughtered with the butcher’s knife in the war and there are ample photographs to display the brutality inflicted and the rudimentary treatment to his dead body.

There were various stories from the government side relating to Pirabakarans death. One official said he was shot and killed by a specialist army unit. It was even reported that Pirabakaran was captured and taken to Colombo and then executed. One even said that Pirabakaran put his hands up and surrendered to the army. Another story said when Pirabakaran refused to apologise for his conduct to a senior army official, he was axed to death by the said officer. All what was fed to the Sinhala masses were tantalising stories for them to rejoice over Pirabakaran’s death.

Let us consider some of the circumstantial evidences that were left behind in the trail of stage managed events that the government has put across to the people to digest.

Pirabakaran’s dead body displayed by the state confirms not a single bullet injury to his body.

Then the story of capturing and slaughtering him with a crude weapon has been cleverly framed to extend the government’s Machiavellian agenda. What is very intriguing is why the Defence Secretary Gotabaya Rajapakse allowed him to be murdered in captivity without producing him before the Court of Law to justify his violent conduct for over thirty years. If Pirabakaran was taken into captivity the euphoria in the south would have been ongoing. If he was held behind the bars and time to time his plight and appearance before the judges were shown in the state television, it would have kept the momentum high in the South for Mahinda for many years until the death sentence is executed after a judicial decision.

A public trial in large and a hearing attended by local and international media would have kept alive the spirits of the Sinhala nationalism in an amazing scale. Knowing the mindset of the government this is what it would have wanted to achieve like what is being done to LTTE’s KP in a small way.

The stories emerging so far confirm the circumstances under which Pirabakaran died was not helpful for the government to claim that they ‘got him alive’. The government could not claim maximum mileage from his death unless a sham and rudimentary show of brutality inflicted on his body is propagated to prop up the nationalist feeling in the South.

It purposely thwarted any effort to undertake a post-mortem examination on Pirabakaran’s dead body. If it had undertaken a post-mortem examination, factual account of his death would have been established. The circumstantial evidence available could have been corroborated to the real story behind his death.

There is beyond doubt from the reasons established that Pirabakaran did commit suicide to avoid being slaughtered by the enemy. Committing suicide when death is imminent is the motto of the LTTE movement he created and nurtured for such a long time. If a proper post-mortem examination had been undertaken all traces of suicide evidence would have been revealed.

A proper post-mortem would have identified when the brutal attack on his head after his death. If it was post event of his suicide, the medical evidence would have authoritatively proved this. Even the government’s claim of him being shot and killed would have been revealed in the post-mortem report as the bullets lodged in his body would have analysed.

Soon after Pirabakaran’s death, I spoke to one of his former bodyguards. He told me the instructions given to him by his leader Pirabakaran how to handle an ultimate life threatening situation for him. The instructions were very clear that he will pull the trigger from his pistol on to his head and the bodyguards must ensure to burn his body immediately using the flammable liquid stored in the vicinity. In an extreme difficult situation, the bodyguards must at least burn his face and prevent his facial identity. The circumstances confronted by Pirabkaran was possibly that his bodyguards were either killed before his death or they were not near enough or were unable to execute their orders when he pulled the trigger.

This appears to be a plausible cause of his death. Those who were very close to Pirabakaran are very assertive that he would not have died like a coward by either surrendering or without putting up a fight. He was a hardened man who devised suicide as the mission in his war strategy.

If a post-mortem was conducted, it would have identified the bullet lodged in the head of Pirabakaran and this would not have been helpful to the government. The gruesome injury on his head must have been a post event to hide the suicide gun shot injury. In order to score points the government has to stage manage and demonise the death of Pirabakaran to sensationalise the Southern Sinhala feelings.

The true story that Pirabakaran committed suicide would have hyphened the feelings of LTTE supporters. With all the truth being circumvented in a calculated manner, they are still waiting to hear the true circumstances of Pirabakaran’s death.

The government became pathetically desperate in handling the death of Pirabakaran that it decided to burn and dispose the body in a secret way without holding it in a mortuary until such time proper procedures were followed to certificate his death. It finally issued the death certificate to India under pressure after dragging on for some months. Issuing a death certificate without following the due process, when death was under tragic circumstances is a questionable conduct of the government. The death certificate too was not publicised and if it is published it will further embarrass the government. The cause/s of death must be reflected in the death certificate and why such important document is held in the tight grip of the Secret Service of Sri Lanka confirms sinister intent.

A section of the LTTE claimed that Pirabakaran was not killed and the body displayed was a dummy look of their leader. The government did nothing to counter this claim. An expert DNA test could have produced substantive evidence either to confirm or reject the body was Pirabakaran’s. DNA test could have been corroborated with his children killed by the army.

Why did the government handle the important closure procedures in an irregular manner? The only intention of the government had is to score political mileage on Pirabakaran’s death. Unfortunately, such irregular and rudimentary behaviour has not helped the President in his elections campaigns and he is unable to elongate the death of Pirabakaran as expected for his advantage.

Why did the government fail to follow the due process by holding Pirabakran for a full scale trial? Why post-mortem or independent DNA tests not undertaken and also why his body was not retained in the mortuary to facilitate a thorough process later? All these questions stack up against the government. The body of such an important criminal in the eyes of government was secretly reduced to ashes without a burial. Why did this happen? If Pirabakaran’s body was buried, the truth could have been analysed scientifically even at a later date. This is what the government wanted to avoid at any cost. Read more...

January – A murderous month!

Let the Presidential election pay the real homage to Lasantha


By Rajasingham Jayadevan

(January 01, London, Sri Lanka Guardian) The Presidential election cannot come at the most opportune moment than in January 2010. January is a month that recorded some dastardly deeds of the state intelligence service, paramilitary groups and the government backed underworld gangsters that savaged the lives of our responsible citizens to give a chilling message that no one should question the authority of the President.

Many well known political murders took place in the month of January. The murder that touched the conscience of the right thinking world was that of the Sunday Leader Editor Lasantha Wickramatunga. He was murdered on 8 January 2009 by the impunity enjoying gunmen purport to be part of the state intelligence mechanism.

Almost a year since the editor’s murder, determination in not allowing a fair and thorough investigatory and judicious process quite nakedly reflects the mindset of the government. This has given absolute protections to those involved in the murder and the systematic cover-ups that has become the inherent culture of governance in Sri Lanka.

Lasantha’s death was a cold-blooded murder in the heart of Colombo and it took place in the broad day light at the time strict security measures were in place to prevent LTTE intrusion in the city. To this date, culprits of the murder are not caught and they are at large and determined efforts are made to procrastinate and frustrate any investigation and a thorough judicious process.

Lasantha’s article ‘And Then They Came For Me’ written before his death exposed the circumstances that lead to his premature death.

In is historical write up, he visualized the terror mechanism of the state rightly and states: ‘I have been in the business of journalism a good long time. Indeed, 2009 will be The Sunday Leader's 15th year. Many things have changed in Sri Lanka during that time, and it does not need me to tell you that the greater part of that change has been for the worse. We find ourselves in the midst of a civil war ruthlessly prosecuted by protagonists whose bloodlust knows no bounds. Terror, whether perpetrated by terrorists or the state, has become the order of the day. Indeed, murder has become the primary tool whereby the state seeks to control the organs of liberty. Today it is the journalists, tomorrow it will be the judges. For neither group have the risks ever been higher or the stakes lower’.

Sources associated with Lasantha confirmed that he was ready to publish some daring revelations about financial scandals involving one of President’s brothers. The editor had faced intimidation and threats not to publish and the pressure was such that Lasantha felt innermost that the time is clicking form him to make his parting farewell and he put down his feelings in his final article ‘And Then They Came For Me’ in preparedness to face the consequence for the yeoman’s path he undertook by putting his life at stake by being an honest and an investigative journalist.

Then the evidential story of a telephone conversation between the President and a telephone caller whilst the President was in a official meeting soon after the bullets were dislodged on Lasantha and the insensitive comment made by the President to be heard by the attendees asking: ‘Oluvata Wathunatha’ (Hit the head?), questions the involvement of the leader of the state in the murder. Investigations undertaken so far failed to touch any of the accounts, circumstantial and factual, reported in the media.

The other terrible January murder being swept under the carpet by the state is that of former Minister and the Colombo district Tamil parliamentarian of the opposition United National Party, T. Maheswaran, who was shot in front of the Sanctum Sanctorum of Shree Ponnambala Vaaneasvarar Hindu temple at Kochchikkadai in Colombo on 1 January 2008 while he was paying homage at the shrine.

He was a competing businessman shipping and marketing essential goods to the northern Sri Lanka when road access was not available due to the war. The investigation of his murder was played downed in a pre-planned manner and the Tamil paramilitary leader attached to the government who was competing with the dead parliamentarian in the trade was not investigated of his connection to the cold blooded murder. This is another case the government had its heavy hands soaked in the blood and the killers and the masterminds of the killing are enjoying the unprecedented impunity bestowed on them by the state.

A media report following Maheswaran’s death poignantly reported the circumstantial evidence which the government machinery failed to investigate to this date. The report stated: ‘A one time Hindu Affairs Minister and MP for Jaffna, Maheswaran dodged death on the last day of April 2004 general election campaign in Colombo. But, this time sudden death was chasing him was clear to anyone who wanted to know. He was highly critical of the alleged paramilitary outfit of the Eelam People's Democratic Party (EPDP). Douglas Devananda, who has remained a cabinet minister in successive SLFP-led governments, leads the EPDP. Maheswaran was also a businessman in the years past dealing in kerosene sales in the troubled north which was facing an embargo at the time. He thus earned the nickname Bhumithel Maheswaran or Kerosene Maheswaran for his troubles.

‘In recent years, his acquisition of ships to transport goods, this time legitimately to Jaffna made him rich. He became a land owner and property developer. He was on the verge of buying aircraft to operate flights from Colombo to Jaffna. He told the Shakthi television's popular Minnel (lightning) programme on December 30, 2007 at 6 p.m. that he would expose the activities of an alleged militia group operating in Jaffna but out of Colombo, when Parliament resumes sittings on January 8 - next Tuesday. The remarks were made just 40 hours before his assassination. Just 24 hours later, Ithaya Veenai, the radio service operated by the EPDP responded’.

The third most ruthless murder was undertaken on 5th January 2000. The Tamil Congress Party leader Kumar Ponnambalam was shot dead in the heart of Colomb. The media war that went on between Kumar Ponnambalam and the government of President Chandrika Kumaratunga was said to be the cause for his cold blooded murder. Justice is still pending and the killers are at large enjoying the impunity and the indifference for justice of the government.

The open letter that he wrote to the former President Chandrika Kumaratunga a few days before he was murdered, titled "Your speech reflects your hatred" paved the way for his death. Kumar Ponnambalam was in the war path with the Chandrika government and used the free media to expose the fallacies of the government whilst asserting his support for the armed struggle of the LTTE.

He wrote in his open challenge to the President: ‘I refer to your Victory Speech of 22-12-99 on your election, once again, as President. I write as a Tamil Eelavan. But more importantly, I write as an unalloyed, unrepentant supporter of the political philosophy of the LTTE and as one who, with that conviction, lives in the South. I write as one who has publicly stated this position of mine not only within this island but also without, and both verbally and in writing. I write as one whom you have recognized in your speech. And, I write as one who refuses to be deterred by the naked threats that dot your speech’.

At the time of pitched hate politics in preparedness for the latest Presidential election to be held on the 26th January 2009, the state established violent machinery is still intact to decide to execute the gruesome dictates of the state. The state intelligence service in support of the unarmed Tamil groups and the southern underworld are fully functional and when, where, how and whom they will strike is easy guess for any Sri Lankans prone to this culture of violence. The President who is a contender has everything to gain in such actions and the Presidency of Mahinda Rajapakse has proved within the past four years that it is well experienced in breaking the democratic mechanisms in a ruthless fashion.

The Presidential election coinciding with the January murder of Lasantha will be an opportune moment for the masses to show their displeasure over the systematic state violence and only each days of the coming month until the election will tell whether Sri Lanka will further compromise its residual democratic vaules to the state sponsored violence.

ANNEXURE 01

Editorial : And Then They Came For Me

No other profession calls on its practitioners to lay down their lives for their art save the armed forces and, in Sri Lanka, journalism. In the course of the past few years, the independent media have increasingly come under attack. Electronic and print-media institutions have been burnt, bombed, sealed and coerced. Countless journalists have been harassed, threatened and killed. It has been my honour to belong to all those categories and now especially the last. I have been in the business of journalism a good long time. Indeed, 2009 will be The Sunday Leader's 15th year. Many things have changed in Sri Lanka during that time, and it does not need me to tell you that the greater part of that change has been for the worse. We find ourselves in the midst of a civil war ruthlessly prosecuted by protagonists whose bloodlust knows no bounds. Terror, whether perpetrated by terrorists or the state, has become the order of the day. Indeed, murder has become the primary tool whereby the state seeks to control the organs of liberty. Today it is the journalists, tomorrow it will be the judges. For neither group have the risks ever been higher or the stakes lower. Why then do we do it? I often wonder that. After all, I too am a husband, and the father of three wonderful children. I too have responsibilities and obligations that transcend my profession, be it the law or journalism. Is it worth the risk? Many people tell me it is not. Friends tell me to revert to the bar, and goodness knows it offers a better and safer livelihood. Others, including political leaders on both sides, have at various times sought to induce me to take to politics, going so far as to offer me ministries of my choice. Diplomats, recognising the risk journalists face in Sri Lanka, have offered me safe passage and the right of residence in their countries. Whatever else I may have been stuck for, I have not been stuck for choice. But there is a calling that is yet above high office, fame, lucre and security. It is the call of conscience. The Sunday Leader has been a controversial newspaper because we say it like we see it: whether it be a spade, a thief or a murderer, we call it by that name. We do not hide behind euphemism. The investigative articles we print are supported by documentary evidence thanks to the public-spiritedness of citizens who at great risk to themselves pass on this material to us. We have exposed scandal after scandal, and never once in these 15 years has anyone proved us wrong or successfully prosecuted us. The free media serve as a mirror in which the public can see itself sans mascara and styling gel. From us you learn the state of your nation, and especially its management by the people you elected to give your children a better future. Sometimes the image you see in that mirror is not a pleasant one. But while you may grumble in the privacy of your armchair, the journalists who hold the mirror up to you do so publicly and at great risk to themselves. That is our calling, and we do not shirk it. Every newspaper has its angle, and we do not hide the fact that we have ours. Our commitment is to see Sri Lanka as a transparent, secular, liberal democracy. Think about those words, for they each has profound meaning. Transparent because government must be openly accountable to the people and never abuse their trust. Secular because in a multi-ethnic and multi-cultural society such as ours, secularism offers the only common ground by which we might all be united. Liberal because we recognise that all human beings are created different, and we need to accept others for what they are and not what we would like them to be. And democratic... well, if you need me to explain why that is important, you'd best stop buying this paper. The Sunday Leader has never sought safety by unquestioningly articulating the majority view. Let's face it, that is the way to sell newspapers. On the contrary, as our opinion pieces over the years amply demonstrate, we often voice ideas that many people find distasteful. For example, we have consistently espoused the view that while separatist terrorism must be eradicated, it is more important to address the root causes of terrorism, and urged government to view Sri Lanka's ethnic strife in the context of history and not through the telescope of terrorism. We have also agitated against state terrorism in the so-called war against terror, and made no secret of our horror that Sri Lanka is the only country in the world routinely to bomb its own citizens. For these views we have been labelled traitors, and if this be treachery, we wear that label proudly. Many people suspect that The Sunday Leader has a political agenda: it does not. If we appear more critical of the government than of the opposition it is only because we believe that - pray excuse cricketing argot - there is no point in bowling to the fielding side. Remember that for the few years of our existence in which the UNP was in office, we proved to be the biggest thorn in its flesh, exposing excess and corruption wherever it occurred. Indeed, the steady stream of embarrassing expos�s we published may well have served to precipitate the downfall of that government. Neither should our distaste for the war be interpreted to mean that we support the Tigers. The LTTE are among the most ruthless and bloodthirsty organisations ever to have infested the planet. There is no gainsaying that it must be eradicated. But to do so by violating the rights of Tamil citizens, bombing and shooting them mercilessly, is not only wrong but shames the Sinhalese, whose claim to be custodians of the dhamma is forever called into question by this savagery, much of which is unknown to the public because of censorship. What is more, a military occupation of the country's north and east will require the Tamil people of those regions to live eternally as second-class citizens, deprived of all self respect. Do not imagine that you can placate them by showering "development" and "reconstruction" on them in the post-war era. The wounds of war will scar them forever, and you will also have an even more bitter and hateful Diaspora to contend with. A problem amenable to a political solution will thus become a festering wound that will yield strife for all eternity. If I seem angry and frustrated, it is only because most of my countrymen - and all of the government - cannot see this writing so plainly on the wall. It is well known that I was on two occasions brutally assaulted, while on another my house was sprayed with machine-gun fire. Despite the government's sanctimonious assurances, there was never a serious police inquiry into the perpetrators of these attacks, and the attackers were never apprehended. In all these cases, I have reason to believe the attacks were inspired by the government. When finally I am killed, it will be the government that kills me. The irony in this is that, unknown to most of the public, Mahinda and I have been friends for more than a quarter century. Indeed, I suspect that I am one of the few people remaining who routinely addresses him by his first name and uses the familiar Sinhala address oya when talking to him. Although I do not attend the meetings he periodically holds for newspaper editors, hardly a month passes when we do not meet, privately or with a few close friends present, late at night at President's House. There we swap yarns, discuss politics and joke about the good old days. A few remarks to him would therefore be in order here. Mahinda, when you finally fought your way to the SLFP presidential nomination in 2005, nowhere were you welcomed more warmly than in this column. Indeed, we broke with a decade of tradition by referring to you throughout by your first name. So well known were your commitments to human rights and liberal values that we ushered you in like a breath of fresh air. Then, through an act of folly, you got yourself involved in the Helping Hambantota scandal. It was after a lot of soul-searching that we broke the story, at the same time urging you to return the money. By the time you did so several weeks later, a great blow had been struck to your reputation. It is one you are still trying to live down. You have told me yourself that you were not greedy for the presidency. You did not have to hanker after it: it fell into your lap. You have told me that your sons are your greatest joy, and that you love spending time with them, leaving your brothers to operate the machinery of state. Now, it is clear to all who will see that that machinery has operated so well that my sons and daughter do not themselves have a father. In the wake of my death I know you will make all the usual sanctimonious noises and call upon the police to hold a swift and thorough inquiry. But like all the inquiries you have ordered in the past, nothing will come of this one, too. For truth be told, we both know who will be behind my death, but dare not call his name. Not just my life, but yours too, depends on it. Sadly, for all the dreams you had for our country in your younger days, in just three years you have reduced it to rubble. In the name of patriotism you have trampled on human rights, nurtured unbridled corruption and squandered public money like no other President before you. Indeed, your conduct has been like a small child suddenly let loose in a toyshop. That analogy is perhaps inapt because no child could have caused so much blood to be spilled on this land as you have, or trampled on the rights of its citizens as you do. Although you are now so drunk with power that you cannot see it, you will come to regret your sons having so rich an inheritance of blood. It can only bring tragedy. As for me, it is with a clear conscience that I go to meet my Maker. I wish, when your time finally comes, you could do the same. I wish. As for me, I have the satisfaction of knowing that I walked tall and bowed to no man. And I have not travelled this journey alone. Fellow journalists in other branches of the media walked with me: most of them are now dead, imprisoned without trial or exiled in far-off lands. Others walk in the shadow of death that your Presidency has cast on the freedoms for which you once fought so hard. You will never be allowed to forget that my death took place under your watch. As anguished as I know you will be, I also know that you will have no choice but to protect my killers: you will see to it that the guilty one is never convicted. You have no choice. I feel sorry for you, and Shiranthi will have a long time to spend on her knees when next she goes for Confession for it is not just her owns sins which she must confess, but those of her extended family that keeps you in office. As for the readers of The Sunday Leader, what can I say but Thank You for supporting our mission. We have espoused unpopular causes, stood up for those too feeble to stand up for themselves, locked horns with the high and mighty so swollen with power that they have forgotten their roots, exposed corruption and the waste of your hard-earned tax rupees, and made sure that whatever the propaganda of the day, you were allowed to hear a contrary view. For this I - and my family - have now paid the price that I have long known I will one day have to pay. I am - and have always been - ready for that. I have done nothing to prevent this outcome: no security, no precautions. I want my murderer to know that I am not a coward like he is, hiding behind human shields while condemning thousands of innocents to death. What am I among so many? It has long been written that my life would be taken, and by whom. All that remains to be written is when. That The Sunday Leader will continue fighting the good fight, too, is written. For I did not fight this fight alone. Many more of us have to be - and will be - killed before The Leader is laid to rest. I hope my assassination will be seen not as a defeat of freedom but an inspiration for those who survive to step up their efforts. Indeed, I hope that it will help galvanise forces that will usher in a new era of human liberty in our beloved motherland. I also hope it will open the eyes of your President to the fact that however many are slaughtered in the name of patriotism, the human spirit will endure and flourish. Not all the Rajapakses combined can kill that. People often ask me why I take such risks and tell me it is a matter of time before I am bumped off. Of course I know that: it is inevitable. But if we do not speak out now, there will be no one left to speak for those who cannot, whether they be ethnic minorities, the disadvantaged or the persecuted. An example that has inspired me throughout my career in journalism has been that of the German theologian, Martin Niem'ller. In his youth he was an anti-Semite and an admirer of Hitler. As Nazism took hold in Germany, however, he saw Nazism for what it was: it was not just the Jews Hitler sought to extirpate, it was just about anyone with an alternate point of view. Niem'ller spoke out, and for his trouble was incarcerated in the Sachsenhausen and Dachau concentration camps from 1937 to 1945, and very nearly executed. While incarcerated, Niemller wrote a poem that, from the first time I read it in my teenage years, stuck hauntingly in my mind:

First they came for the Jews
and I did not speak out because I was not a Jew.
Then they came for the Communists
and I did not speak out because I was not a Communist.
Then they came for the trade unionists
and I did not speak out because I was not a trade unionist.
Then they came for me

and there was no one left to speak out for me. If you remember nothing else, remember this: The Leader is there for you, be you Sinhalese, Tamil, Muslim, low-caste, homosexual, dissident or disabled. Its staff will fight on, unbowed and unafraid, with the courage to which you have become accustomed. Do not take that commitment for granted. Let there be no doubt that whatever sacrifices we journalists make, they are not made for our own glory or enrichment: they are made for you. Whether you deserve their sacrifice is another matter. As for me, God knows I tried.

ANNEXURE 02

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10 point program for Minister Doug

We certainly hope the Minister Deva will consider the thoughtful advice of a school days friend. .
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By Rajasingham Jayadevan

(December 06, London, Sri Lanka Guardian) The controversial paramilitary non-cabinet Minister of President Mahinda Rajapakse government Douglas Devananda (Doug) has presented his ten point program to the President as his demand to support the Present in the forthcoming Presidential election.

His report was given publicity by the government pampered (e-media) Mr. K. T. Rajasigham’s Asian Tribune. The Asian Tribune stated: ‘Addressing the media personal at the Government Information Department, Minister Devananda said that the ten point program drafted by them were presented to the President and as he agreed to implement those….. He said that the ten point program would determine the destiny of the Tamil people.’

The President is still to make his own public statement on the ten point demand of the Minister Doug. Since President Premada’s time Minister Doug is holding junior ministerial portfolios, but has not impressed on the governments to sincerely implement a fair political resolution to the conflict, except for attempting to promote the implementation of the 13th amendment in the north for him to become the Chief Minister with the government backing.

As minister, he failed to promote good governance in the Eastern Provincial Council without the undue interference of the government and is a party to destabilise the provincial administration to promote his vested interests. He neither made any public outcry about the colossal human rights violations against the civilians in the recent military offensive to crush the LTTE.

I thought of adding ten more points to his 10 point program (see Mr. K. T Rajasigham’s Asian Tribune of 4-12-2009) submitted to the President. I humbly present this to my school days friend on behalf of the right thinking Sri Lankans and in particular the Tamil speaking people:

"As minister, he failed to promote good governance in the Eastern Provincial Council without the undue interference of the government and is a party to destabilise the provincial administration to promote his vested interests."
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Additional 10 point proposal for EPDP leader Doug

1. Intention to declare his wealth and assets from 1980 to 2009, with explanations.

2. Intention to disarm his cadres immediately and handover all weapons to the government.

3. Intention to confess all crimes committed by him and the EPDP- murders, abductions, ransom taking etc.

4. Intention to name the business ventures he is and has been involved through his brother.

5. Intention to declare him and his party will not harm any human in the future.

6. His willingness to resign from his position as a minister and work for the people without the unfair and unearned advantage he enjoys as a minister.

7. His willingness to dissolve the EPDP immediately and be part of a new Tamil political party.

8. His willingness not to seek leadership of the new political party for at least five years.

9. His intention to give up pretence and genuinely turn a new page in his life.

10. His plans to eliminate bribery, corruption, high handedness and arbitrary decision making in the north and make the public services responsive to the needs of the people.

If Doug does so, his past record can be forgiven and his many talents utilized for the betterment of the Tamil people. If not, the 10 points he has proposed should be dumped in the garbage, along with him like the President dumping the APRC draft given to him by the APRC Chairman Minister Prof. Tissa Vitharane.

I hope he will consider the thoughtful advice of a school days friend.

( Rajasingham Jayadevan is the chairman of the Alliance for Peace and Reconciliation in Sri Lanka (APRSL) and social activist based in London. He was one time school mate of Douglas Devananada. )

-Sri Lanka Guardian Read more...

Testing time ahead for the President

“War Crimes Tribunal process is a daunting task. How can the leadership that is rattled by the US Department of Homeland Security official’s inquiry defend the charges in the War Crimes Tribunal?”
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By Rajasingham Jayadevan

(November 04, Colombo, Sri Lanka Guardian) The President of Sri Lanka Mahinda Percy Rajapakse said recently that ‘he is ready to go to any court in the world to defend his soldiers who carried out orders to wipe out terrorism’. He is right! Due to constitutional safeguards enjoyed as President of the country, any attempt to defend the soldiers in the local courts only will be seen a façade as even if true local justice is forthcoming, he will be exempt from punishment constitutionally.

Therefore to seek fair justice on war crimes, the international judicial process is the only way forward as no one could claim immunity or will be restricted by any safeguards or even the fallacy of the politicised judicial system in Sri Lanka. Provided, the President and the high ranking officials and ministers implicated in the state terror surrender their diplomatic safeguards to face any trials internationally, real justice will not be forthcoming.

The Sri Lanka government is already showing signs of panic over the US Department of Homeland Security official’s effort to meet the Chief of Defense Staff General Sarath Fonseka and crying foul that he should be left alone without being put through an investigation process. The President’s claim that ‘he is ready to go to any court in the world to defend his soldiers who carried out orders to wipe out terrorism’ has been made a laughing statement by the stand of the government on this important matter. The anger reflected by the Sri Lankan government, altogether jettisons the upbeat claim of the President and proves to the extent Sri Lanka will go to cover up the heinous crimes it has committed against the section of its people.

War Crimes Tribunal process is a daunting task. How can the leadership that is rattled by the US Department of Homeland Security official’s inquiry defend the charges in the War Crimes Tribunal?

One would expect the upbeat President to defend any international inquiry process without engaging in skulduggery and threats. What the time demands is justice on war crimes. The skeletons and ashes of the dead bodies strewn across within the barricades of the military in the war-torn northern Sri Lanka must be investigated. Unless the respectable international community play a responsible role, what happened in Sri Lanka will be transplanted in other petty Poll Pot regimes around the globe.

-Sri Lanka Guardian Read more...

APRSL parliamentary meeting discuss diverse issues affecting Sri Lanka

By Rajasingham Jayadevan
(General Secretary-APRSL)

(October 20, London, Sri Lanka Guardian) The parliamentary campaign meeting organised by the Alliance for Peace and Reconciliation in Sri Lanka (APRSL) held on 19 October 2009 in the committee room of the House of Lords discussed wide ranging issues affecting Sri Lanka. The meeting was chaired by Andy Love MP and he was assisted by the Vice Chair of APRSL M Marzook.

The All Party Representative Committee (APRC) chairman Prof Tisse Vitharane was the surprise speaker at the meeting and touched on the APRC process to formulate a draft constitution to deal with the burgeoning crisis facing Sri Lanka. He also dealt with the IDP situation and the progress made to settle the war victims held within the confines of barbed wire fences guarded by the military. Prof Vitharane was the focal point and barrage of questions were put him by the audience representing cross section of the Sri Lankan Diaspora community.

Significant of Prof Vitharane’s comments was that President Rajapakse has abandoned his party’s position of devolving power through district councils and that the President has assured the APRC committee that his Sri Lanka Freedom Party is for substantial Provincial level devolution. He also said the President is handicapped without two thirds majority in the parliament to amend or change the constitution and that he is aiming to strengthen this in the parliamentary election due before April 2009. He stated that if the desired two third is not achieved by his party at the election, he intend reaching a bi-partisan agreement with the opposition to push through the necessary changes.

Hon Des Browne appointed by Prime Minister Gordon Brown's Special Envoy to Sri Lanka in February 2009 touched on issues wanting responsible consideration. Issues of sustainable solution to the crisis and coming together with degree of honesty and good faith to deal with the problem are vital for vital for progress. He stressed the need to change the method of governance with the real engagement of the people.

Two other key speakers were Rahul Roy-Chaudhury, Senior Fellow for South Asia, The International Institute for Strategic Studies and Reza Yehya, Director Research - Serendip Institute of Research and Development (SIRD of Sri Lanka). Both gave in depth analysis on India’s historical role in Sri Lanka and approach needed to arrest the current state of affairs respectively. Verbatim of both their presentations will be published separately as they are very valued and deep thought analysis of issues affecting Sri Lanka.

Councillor Paul Sathiyanesan, the speaker representing the APRSL stressed on the need for collective effort to redress the crisis facing Sri Lanka. He made his observations on IDP issues and lack of proactive approach by the United Nation. In his concluding remarks, he stressed the need for India to assert its position, without which fair solution would not be found.

Hon Siobhian McDonough MP participated as an observer.

-Sri Lanka Guardian Read more...

Let the rape victims speak

“The rape story of this woman calls for mechanisms to set up in the international level guarantying security, safety and confidentiality of the rape victims to reveal their ordeals without fear.”(Image: Krishanthy Kumarasamy gang raped by the soldiers in 1996)
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By Rajasingham Jayadevan

(October 10,London, Sri Lanka Guardian) The government of Sri Lanka is very successful in suppressing its brutal war efforts to vanquish the LTTE and also the inhuman sufferings of the war victims. By suppressing the avenues that monitor and control abuses and reporting the facts, it is extending the impunity for the security forces.

Following publication of series of articles on rape, I had some important contacts from reliable sources. One of them was a reputable figure (identity withheld) in Sri Lanka that had in-depth knowledge of the situation in the IDP camps. He said: ‘there is enough evidence that the soldiers are forcefully removing the Tamil women on the charges of weeding out the LTTE elements and raping them outside the camp’.

I was also approached by a relative of a rape victim. According to him, one night in (July 2009), few soldiers entered the camp (name withheld) and removed five young women on the charges of links to the LTTE. They were taken to the nearby army camp and assaulted and repeatedly gang raped. His relative was brought back to the camp on the following morning. The young lady was highly traumatised and almost reached the psychotic stage following the incident.

The contact said, the military permitted the relatives to take away the victim from the camp and she did not have much difficulty is having a safe passage out of Sri Lanka (place withheld).

In the very difficult conditions imposed by the government for the victims, media and the independent functionaries in Sri Lanka, the truth is not coming out and the social shame for the victim is compounding the situation further and helping the security forces to extend their freewill on the women.

Rape is considered to be the worst of all the crimes committed by the government forces. They too take the social stigma attached to violence against the women. The relative approached the brother of the rape victim to tell experience of his sister to the international human rights organisations confidentially. The brother had apparently said ‘we are highly traumatised over what had happened to our sister. We had enough. Just leave us alone and we want to help our sister to settle in whatever way’.

He also had said: ‘we do not want to put other people in the camp in a difficult situation by telling our sister’s story’.

This is just one of the many stories that are finding their way out in a limited way. The government is providing all the safeguards to the soldiers to enjoy the impunity by not creating mechanisms to prevent such violations taking place.

According to sources there are no mechanisms within the IDP camps to safeguard the interests of vulnerable women and children. There is no record keeping of persons removed by the army and these are not monitored independently by reliable bodies.

The rape story of this woman calls for mechanisms to set up in the international level guarantying security, safety and confidentiality of the rape victims to reveal their ordeals without fear. The victims fear retribution on them and others from the security forces and this must be considered in any international effort.

When the government is preventing due process to reflect accountability, such international effort from the relevant UN agencies or the International Human Rights Organisations would permit victims to tell their experiences without fear and the charge of impunity enjoyed by the forces can be established strongly.

-Sri Lanka Guardian Read more...

Rapes - further historical evidence

By Rajasingham Jayadevan

(October 04, London, Sri Lanka Guardian) In the climate of systematic campaign being carried out to deny that rape was used as war tool by the government, historical evidence of the horror of rape has to be brought to the public knowledge to confirm the impunity enjoyed by the government forces.

In the current heavy-handed policy of the government to prevent media and human rights persons to meet the victims of the war, it is preventing true extent of the rape practiced as a tool by the state forces recently. The impunity enjoyed by the perpetrators must be considered as blessings of the state to permit soldiers to take law into their own hands.
The article published by the veteran journalist D B S Jeyaraj in 2001 (see below) speaks volume of the culpability of the government in allowing rapes to be carried out by its forces. In the chronology of rapes listed in the article, one act of rape was carried out by a government backed paramilitary group.

Sexual Violence Against Tamil Women

D. B. S. Jeyaraj, 8 July 2001
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“The Sri Lankan security forces have continued to commit serious human rights abuses, sexual violence, in the context of the 17 year armed conflict against the Liberation Tigers of Tamil Eelam. Sri Lankan Police have also repeatedly committed rape and other sexual abuse in the course of the fighting”. - Report by UN Special Rapporteur on Violence Against Women [22 Dec 2000]

Eleven minority community political parties in Sri Lanka called for a protest demonstration held on Friday, 6 July 2001. Five of these parties represent the Sri Lankan Tamils and another five the Tamils of Indian descent while the eleventh is a Muslim Party. The objective of these parties in organizing this demonstration is to protest and draw attention to the disturbing rise of sexual violence against Tamil speaking women by personnel attached to the Armed Forces, Police and Para Military Outfits. Even though the political parties concerned are by no means the premier representative organizations of the people they claim to serve, the call for a protest was however enthusiastically received due to the serious timeliness of the issue at hand.

As a result, the protest was a near total success in the North and East with shops remaining closed, Schools being empty and transport at a standstill. The undergrads and senior students in the N- E spearheaded the campaign though few of them support the parties that called for it. The Hill Country saw Plantation workers keeping away from work for two hours and holding protest meetings. Black flags dotted the estate landscape. In Colombo there was a lunch hour demonstration. Several shops and businesses remained closed for a short period. According to a spokesperson from a Tamil political party, the protest was an overwhelming success because of popular people support.

The phenomenon of Tamil women being sexually assaulted by defence personnel ‘claiming to fight and uphold the unity and territorial integrity of Sri Lanka’ is nothing new. Complaints and protests have been raised in various foras. Several International Organizations, Tamil Politicians and Newspapers have highlighted these happenings very often. Although the 1996-98 period saw a lot of such incidents being reported, 1999 and 2000 had registered an all time low. This does not necessarily mean that such violence had ceased but was nevertheless, an indicator that it was on the decline. Some even attributed it to the intensive Human Rights Education being imparted to the Defence Personnel. This complacent mood however was shattered by events of the past week when the spectre of sexual assaults on Tamil women was resurrected again in Colombo.

Unlimited powers

The protest campaign was triggered off by a horrible incident on June 24 at a checkpoint in Maradana. A 28-year-old Tamil woman of Indian origin from Badulla was working as cashier at a hotel in Fort. The mother of two was staying at a lodge in Maradana. After work she walked home passing through the checkpoint manned by Police and Army personnel. Her address and name was noted by the cops and allowed to pass. Later the Policemen went to her residence in the night and forced her under threat of arrest, to come to the checkpoint. Since the current security situation enables Security Personnel to wield unlimited power over any Tamil suspect, the woman reluctantly agreed. She was gang raped by the cops and soldiers. She was warned under threat of death to keep quiet. The victim however told the lodge owner who took her to the Maradana Police who to their credit took immediate action. Three Army and three Police personnel have been arrested.

The revulsion felt by all decent people of the country at the incident was great. An incident related by a Sunday Newspaper illustrates this mindset. A 103 bus plying between Fort and Borella through Maradana had pulled up at this checkpoint. Someone in the vehicle had shouted out “this is the place where they gang-raped that woman”. The passengers had spontaneously shouted derisively and hooted in typical Lankan fashion at those manning that checkpoint. Although the personnel stationed there had nothing to do with the deplorable incident, the men had hung their heads shamefacedly and retreated to their hut. The 11 party call for a protest was sparked off by this, but extended in general, to the entire phenomenon of Tamil women being the targets of sexual violence over the past years.

The list of sexual offences allegedly perpetrated against Tamil women[i] by members of the Armed Forces and Police is compiled from news reports in the Tamil language newspapers and from additional particulars supplied by Human Rights Organizations engaged in gender issues.The list is neither representative nor exhaustive. it is crucial to note that these incidents are only the tip of the iceberg because several incidents have been suppressed by the authorities while a vast number of cases have not been reported to the authorities or organizations concerned about such violations.

This reluctance to reveal details of such instances is due to fear of reprisals and social ostracization. Most perpetrators of sexual offences are from the Police, Armed Forces or para-militaries. Therefore, victims are mortally afraid of the consequences if and when complaints are made. The cultural traditions of the community are yet to evolve an acceptance and accommodativeness of such violations. Hence, the suffering in silence. Despite these shortcomings the list does serve as an index to gauge the scope and scale of this terrible phenomenon.

The above-mentioned list provides an insight into this unceasing problem. The report submitted to the UN Commission on Human Rights early this year by the UN Special Rapporteur on “violence against women, its causes and consequences” highlights the cases of violence against women in times of armed conflict on a country by country basis. A relevant extract is “The Sri Lankan Security Forces have continued to commit serious human rights abuses, sexual violence, in the context of the 17 year armed conflict against the Liberation Tigers of Tamil Eelam. Sri Lankan Police have also repeatedly committed rape and other sexual abuse in the course of the fighting”.

Tamil women have in the North and East generally borne the brunt of these sexual assaults. There have been however some instances of Tamil speaking Muslim women also being victimised. A Muslim woman from Ottamavadi was raped in front of her husband by Soldiers. Two other documented cases are from Eravur. A 28 year old woman, Noor Lebbai Sithie Umma was raped and murdered by an armed para -Military group affiliated to the army. Likewise Ali Muhammath Athabia of Eravur was tortured and sexually assaulted in front of her daughters by members of an armed group.

While several incidents of sexual violence against Tamil women have gone unreported for obvious reasons, the details of many reported ones too have not been revealed. Many of the assaults perpetrated against women of the North and East have not received any publicity. But some incidents have received wide publicity Internationally though, not enough national coverage particularly in the Sinhala and English newspapers. Some of the better known incidents relate to Krishanthy Kumaraswamy of Kaithady , Rajini Velauthapillai of Urumpirai. Koneswari Murugesapillai of Amparai Central Camp Colony, Ida Carmelita of Pallimunai, Mannar, Saravanabavaan Sarathambal of Pungudutheevu etc. In all these cases, the victims were killed after being sexually violated. The most gruesome was that of Koneswari where a grenade was exploded inside her vagina after being raped and killed, to remove all traces of the sexual offence.

Tortured in custody

There have been other incidents reported where mercifully the victims have not been killed. One particular incident was that of Nagamany Yogalingam Vijitha who was arrested in Trincomalee and brought to Negombo. She was tortured horribly in custody. After ten months of incarceration, she was released on bail after the intervention of a Human Rights Organization. After a brief trial she was released on the grounds of insufficient evidence. A court summons was issued to the Officer-in-Charge of the Negombo Police Station who is yet to present himself in court over this matter.

Another incident that attracted notice was the case of two women Sivamani and Vijikala arrested in Uppukulam, Mannar by the Counter Subversive Unit and the Navy. They were allegedly raped by personnel belonging to both. When the incident came to light the Navy issued a controversial press release absolving their men of any complicity. The identification parade however disproved this claim. Although persons allegedly involved in the incident were arrested, the judicial process itself is painfully slow. Moreover the case is to be heard in Anuradhapura because the accused fear to go to Mannar courts.

The pattern of sexual assaults prevalent in the North and East came to Colombo in a big way this year. Two women, Sivarajani and Vimaladevi lodged at Haig Road, Bambalapitiya were detained and sexually assaulted by the Police in May. It is alleged that the Lodge Management was also involved in this shameful incident and had connived and collaborated in the offence. Initially there was some understandable reluctance by the victims to state as to what exactly had happened to them. At the same time, efforts were taken by top Police Officers to distort and underplay the incident. The victims however revealed more details, when the case was taken up at the Mount Lavinia Courts on Thursday.

This incident sent shock waves to the Tamils in Colombo that the wolf was at the door. Sexual violence against Tamil women by those in authority was no longer a phenomenon of the North and East alone. It was prevalent in the metropolis too. Then came the Maradana incident. Concern, anxiety and resentment over this state of affairs increased in leaps and bounds. The Tamil parties functioning essentially in Colombo had to be sensitive to the pressure emanating from the [Colombo] community. The protest demonstration followed.

While politicizing the issue from a Tamil perspective in its utilitarian value in the short term, the larger implications of the issue should not be lost sight of.

Lack of concern

Although the victims are Tamil women, the issue cannot be confined to ethnic terms alone. The issue at stake is that of sexual assaults and violence against women in general. Unfortunately there seems to be a lack of concern among mainstream Human Rights Organizations and Feminist Activists on this. The universal outrage and condemnation felt and exercised over the Krishanthy Kumaraswamy issue seems to be absent now. Whatever the reasons for this, the organizations concern should review and revise their stance. Allowing Tamil political parties to depict the problem as a “Tamil” problem alone would not help to eliminate the menace.

It is important for Tamils to realise that demonising the Sinhala people on the whole for this tragic situation would not be very helpful in the long run. This phenomenon of sexual violence in war situations is not restricted to Sri Lanka alone. It is not a unique attribute to the predominantly “Sinhala” Armed Forces or Police either. Violence against women under similar circumstances is a worldwide phenomenon. UN Special Rapporteur on violence against women, Radhika Coomaraswamy states in her latest report to the UN Human Rights Commission “Violence against women during wartime continues to involve horrendous crimes that must shock the conscience of humanity. Despite the significant progress that has been made in recent years to strengthen legal prohibitions against rapes and other sexual violence, women and girls throughout the world continue to be the victims of unimaginable brutality”. [Radhika Coomaraswamy, a Tamil woman of Sri Lankan extract who owes her UN appointment to the Sri Lanka government, is known for her penchant to downplay the violence against Tamil women in Sri Lanka – Editor].

There is also the possibility that this type of violence against women would be confined to Tamil women alone in the future. Even as the problem moved from the North - East to Colombo there is no ruling out the possibility of it transcending ethnicity in due course. There was an incident some months ago that focused attention on this possibility. The Police - Airforce checkpoint at Slave Island pounced on a woman who they suspected was a Tamil suicide bomber. They forced her to strip in broad daylight in the middle of the road. Subsequently it was discovered that she was a Sinhala woman from Ibbagamuwa in Kurunegala. Luckily for the strip search by goons, the woman was of a rural background and therefore had no influence. Therefore, the monstrous action went unpenalised, though there was some criticism. This was silenced through a “masculinist manouevre”; the woman was a “sex worker” it was alleged. Another version was that she was a lunatic.

The idea was to “de-personize” her and “malign” her from a patriarchal perspective and undermine her. By doing thus, the issue of her rights being violated was deflected. The gravity of the offence was reduced. Interestingly the lunatics were those who sought to strip a suspected suicide bomber without adequate precaution. Another point is what the situation would have been had that woman been ethnically a Tamil instead of Sinhala? But the point here is that even non-Tamil women could be victimised in the future. Incidentally, the assertion that the woman from Ibbagamuwa was a woman of loose morals has its parallel in other instances in Tamil areas too. Koneswari, Ida Carmelita, Sarathambal , Vijikala and Sivamani were all slandered wrongfully as “prostitutes” by those who violated their rights in a horrible manner. It was as if that assertion, even if a fact, gave these khakied offenders a right to violate their rights.

The continuing pattern of sexual violence against Tamil women persists because of the climate of virtual impunity that prevails. Apart from the solitary Krishanthy Kumaraswamy case, there has not been any other instance of the alleged offenders being meted out justice though there are some judicial inquiries on, they are being conducted in a manner that indicates justice would never be done. Cases are transferred out of the original jurisdiction in favour of the accused. This however places a great burden on the living victims or those giving evidence on their behalf. What happens also is that as cases get protracted the will to seek justice gets enfeebled. The system seems designed to help the alleged offenders rather than the hapless victims.

The Police being asked to investigate cases is another farce. ‘Birds of a Khakied Feather stick together.’ The arrested persons are released on bail after a short spell. The cases keep dragging. Evidence is unavailable. People cannot be identified. Most alleged offenders are merely transferred and not interdicted pending inquiry. Another aspect ignored is the gender sensitivity of the issue. Investigating male officers do not possess the required sensitivity and also share an unwritten bond with the accused fellow male officers. Justice is delayed and by extension this justice is denied. The credibility of the Judicial System in cases of this type is so low that few people expect any justice at all. Even the solitary exception of Krishanthy is now perceived as a ruse by the government to make an example of a showcase case and enhance its reputation.

Despicable Acts

This climate of impunity therefore encourages more and more persons to abuse their authority and indulge in sexual violations. The government is perceived as increasingly unwilling or unable to address this problem. Most high-ranking officers of the Armed forces and Police are fully conscious of the indiscipline amidst sections of the rank and file. There is however no incentive to check this tendency in a meaningful way. The fact that the despicable acts of some vermin tarnishes the image of the entire Force is realised, yet fails to register. The only way out is to introduce the principle of superior or command responsibility. There is a possibility that if commanding officers are held responsible for the Human Rights Violations of their subordinates, then greater care and responsibility would be exercised to maintain discipline.

There is also a need to be more aware of global trends in the field of evolving jurisprudence in the area of Human Rights Violations in general and violence against women in particular. The International community has begun developing precise standards for rapes and gender crimes of violence. These can be classified as war crimes, crimes against humanity and even as components of genocide. This applies to women being tortured or subject to inhuman and degrading treatment too. There are numerous instances of Tamil women being tortured and being meted out degrading treatment in custody. The recent furore over General Janaka Perera’s appointment in Canberra suggests that there is growing International awareness of the way in which the war against the LTTE is being fought in Sri Lanka. So these offenders should realise that a day of reckoning with International consequences cannot be ruled out in the future.

The International tribunals set up to investigate the former Yugoslavia and Rwanda have also created important precedents over the issue of prosecuting wartime sexual violence. The state is becoming held increasingly responsible. The cases and convictions against Dusko Tadic, Tihomir Blaskic, Bazim Delic, and Anto Furundzija of countries belonging to the former Yugoslavia have through case law advanced the cause of women vicimised in war situations. The Foca case concerning eight Bosnian Serbs is likely to be another path-breaker as the accused are charged with crimes against humanity for a widespread or systematic campaign of sexual violence against women. The Rwanda example of the Jean - Paul Akayesu conviction has established for the first time, that acts of sexual violence can be prosecuted as constituent elements of a genocidal campaign

The approval in Rome on July 17, 1998 of the Statute of the International Criminal Court has, is another milestone. This statute has specifically defined rapes and other gender based violence as constituent acts of crime against humanity and war crimes. The Rome statute also addresses structural issues including the need to hire judges and prosecutors with special expertise on violence against women and children and the establishment of a victim and witness unit. These are “critical if the court is to function as progressive mechanism for justice for victims of gender based violence”.

Likewise, the government needs to revise and revamp the existing structure if it wants justice done in the case of sexual offences by Police and Armed force personnel against women. It is clear that the current system is structurally and functionally incapable of meting out justice fully. Just as the draconian Prevention of Terrorism Act was incorporated on the grounds that special powers and laws were required to combat the menace of “terrorism”, new initiatives are needed to control and curb the tendency of Security Forces committing sexual assaults on people they are supposed to protect like the saying about the ‘fence devouring the crops.’ The phenomenon of sexual violence against Tamil women by those in authority can be checked only through an exhibition of political will by the state. That is if it has one.

[i] A Sample Catalogue of Abuse

1996
11.05.96 Displaced unknown Woman at Kodikamam was raped and killed by unknown soldiers

19.05.96 Sri Ranjani (18), Puvaneswari (36) and Rajeswari (38) Sarasaalai by unknown soldiers. Rajeswari was Sri Ranjani’s mother and Puvaneswaris sister.

19.05.96 Woman (Name undisclosed) – Colombothurai - Armed forces

07-04.96 (45) woman - Thiyavettuvaan - Soldiers

01.05.96 Pushpamalar (22) - Kachchaai - Soldiers

09.08.96 K.Baleswari -Kerudaavil. - Armed Forces

07.09.96 Krishanthi Kumarasamy (18) – Kaithady - Soldiers stationed at Chemmani search point. (Tried and sentenced)

08. 09.96 Vasuki - Jaffna - Six Soldiers (area unknown)

10.09.96 55-year-old woman - Thirunelvely in Jaffna - Soldiers (area unknown)

11.09.96 Thanaletchumi (17) - Kiliveddy in Mutur - Armed forces

Oct 1996 Letchumipillai - Trincomalee - Armed forces

Nov 1996 Young Girl in Vavuniya - Armed forces.

03.11. 96 Kanapathipillai Sornamma (35) Pattiyachcholai in Kalkudah -Army stationed in Kalkudah

12.11.96 S.Thenuka (Ten Years) Pathaimeni in Atchuvely - Armed forces

31.12.96 S.Sivasothy - Mandoor - Special Task Force at Mandoor.

Dec 96 P. Vanitha - Mayilambaaveli Housing Scheme - Army stationed at Mayilambaavely

1997
09.01.97 S.Navamani P. Jeyanthi (22) and K.Mekala (16) - Thiyavettuvaan - Defence Personnel at Valaichenai Paper Factory Camp. Jeyanthi and Mekala were Navamani’s daughters.

Mar. 1997 Woman Worker at Kalliankaadu garment factory - Kalladi Road Batticaloa - PLOTE (Mohan Group)

17.03.97 V. Rasamma (39) and V.Vasantha (28) at Mayilambaavely by soldiers stationed there. Both were sisters.

17.05.97 Murugupillai Koneswari (35) -Amparai Central Camp Colony -Central Camp Police.

19.05.97 Kirubadevi (37) - Madduvil North - Soldiers

17.07.97 - Vijayarani (17) - Araly - soldiers

05.08.97 Sinnappu Pakkiyam - (37) – Maavadivembu - Armed Forces at Maavadivembu

19.08.97 S Rajini -Vipulananda Street, Valaichenai - Army at Harbour.

05.09.97 Balandhi (Six years) - Atchuvely - Soldiers

12.09.97 Rajani Velauthapillai (23) - Urumpirai North - Soldiers in Kondavil

16.10.97 Thanganayaki (49) - Amparai - Home Guards

28.10.97 (40) woman - Manthikai - (Soldiers)

12.07.97 K.Chandrakala (20) -Alvai. Soldiers

06.11.97 Shyamala (17) - Pallai - Soldiers

25.12.97 K. Amutha - Vidathaltheevu, Mannar - (Police)

27.12.97 Savari Madelleine (31) - Sorikkalmunai -5 division - Sorikkalmunai (STF)

1998
16.03.98 S. Selvarani (28) - Meesaalai - (Soldiers)

15.04.98 P. Ajanthanaa (17) - Ariyaalai - (Police)

07.05.98 Mentally Retarded woman (36) Nochchikkulam, Mannar - (Armed Forces)

22.06.98 K.Ragini (23) - Panichchankerni - (Army at Panichchankerni).

16.07. 98 N. Bhavani (46) Thirunelvely, Jaffna - (Soldiers)

1999
11.07. 99 Ida Carmelita - Pallimunai in Mannar - (Soldiers from Pallimunai Detachment)

17.12.99 N. Vijayalatchumi (19) - Kalmadu, Valaichenai - Tamil ParaMilitary Group in East.

28.12.99 Saravanabavaan Sarathambal ( 20) - Punkudutheevu, 10th division - Naval personnel

2000
21.06.00 Nagalingam Yogalingam Vijitha - Negombo - tortured and assaulted in custody by Negumbo Police

2001
01.02.01 T. Ananthy (28 ) - Chettipaalaiam - (Special task force)

19.03. 01 S. Sivamani (22) - Uppukulam, Mannar - Counter Subversive Unit and Navy.

19.03. 2001 - N. Vijikala (22) - Uppukulam , Mannar - (CSU and Navy)

19.05.01 Sivarajani -Haig Rd, Bambalapitiya - Alleged Sexual assault by Police and Lodge Management.

19.05. 2001 – Vimalathevi - Haig Road, Bambalapitiya - Alleged sexual assault by Police and Lodge Management.

24.06.01 28-year-old mother of two - at Maradana checkpoint - Alleged gang rape by Police and Army

-Sri Lanka Guardian Read more...