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Home > Struggle for Tamil Eelam > Sri Lanka Accused at United Nations > UN Commission on Human Rights 2000
UN COMMISSION ON HUMAN RIGHTS
54th SESSIONS: MARCH 2000
- Appeal submitted by the Tamil Centre for Human Rights , 20 March 2000
Le Centre Tamoul pour les Droits de l’Homme - CTDHAppeal | Reports and Annexures
First of all, we extend our congratulations to you for your appointment as the Chairperson of the 56th session. Unlike the past years, this year marks the birth of the new millennium - we, the Tamil Centre for Human Rights would like to submit our appeal to you, with deep sorrow which comes from the bottom of our hearts!
One of the bravest human rights defenders, Mr. Kumar Ponnambalam who attended the Commission on Human Rights for the last few years from Sri Lanka, is no more with us. He was killed by so-called unknown gunmen in cold blood in Colombo, on 5th January. He made his last intervention during the 55th session. He had several meetings with many members of the Commission, Special Rapporteurs and Senior Personnel of the OHCHR. During his last visit to Geneva, Mr. Ponnambalam stated clearly to everyone that he could be murdered at anytime by the Sri Lankan government. Now this has become a tragic reality. Who killed him? The answer is quite simple - who is benefiting from his absence?
Sirs/Mesdames, the details of this assassination are given in sequence in this appeal to you. Being neutral and high-ranking persons of this human rights forum, you have the right to come to a conclusion as to WHO WAS THE KILLER? From this assassination what we all can learn is that the lives of any one of us - who presents the human rights situation in Sri Lanka, may not be spared! There is no guarantee that we will attend the future session of this Commission.
The assassination of Mr. Kumar Ponnambalam has many clues but no proper investigation has taken place. There are serious cover-ups and manipulations going on in this case. Nothing has emerged so far, other than a few eye-wash statements by the investigators! Until the present day, not a single person has been identified by the eyewitnesses, but the investigators issued a press release saying that the killer had been identified. This makes us consider the possibility that the investigators may know the real killers and are protecting them!
The TCHR brought the danger faced by Mr Kumar Ponnambalam to the notice of the OHCHR in December 1998. Subsequently, during his visit last year in April he met with several officials responsible for certain sections and gave them an affidavit regarding the threat to his life.
Furthermore, on 9 September 1998, TCHR brought a very confidential matter to the notice of the High Commissioner for Human Rights. Later this was transferred to another section for a follow up. Now, it is plain for all to see that what we predicted on September 9, 1998, is gradually materialising at the hands of the party concerned.
The human rights situation for Tamils in the island of Sri Lanka continues to be horrendous. Aerial bombing of civilian targets, such as places of worship, hospitals and schools, continues. Last December, 42 Tamil refugees were massacred by the Sri Lankan Army as they sought refuge in the chapel of Madhu church in Mannar.
The 600 persons who "disappeared" by Sri Lankan army, during 1996 in Jaffna, are still unaccounted for. The callous letters to relatives of the two disappeared persons whose skeletons were identified in the mass graves at Chemmani, stating that the whereabouts of these persons are still unknown, displays the brutal inhumanity and disregard of the Sri Lankan government for Tamil lives. Torture, rape, arbitrary detention and extra-judicial killings of Tamils by the Sri Lankan government armed forces continue.
The food, health, education and employment situation has been severely affected in the North and East of the Island. The People in the Vanni region are starving and suffering due to ten years of economic embargo. Reports released by the U.S. Department of State, Human Rights Watch, UNICEF and other bodies have described the humanitarian situation in the North and East.
In Colombo, the Tamils are simply arrested because they are Tamils. In January alone more than 3000 Tamils were arrested in Colombo because they are Tamils.
Impunity is a serious problem in Sri Lanka. The security forces are given a free hand under the Emergency Regulations and the Prevention of Terrorism Act (PTA). They arrest, torture, kill and dispose of bodies as they wish. Many notorious human rights violators in the Security forces especially in the Army and the Police have got the best promotions and special awards from the head of state! This is the only sort of improvement you can see in the context of human rights in Sri Lanka!
Mr/Madame Chairperson, TCHR kindly requests the 56th session of the Human Rights Commission to demand that the Sri Lankan government appoint an independent public inquiry into the assassination of Mr. Kumar Ponnambalam with observers from the OHCHR.
We also request the 56th Session of the Commission on Human Rights to intervene directly to prevent the continuing gross human rights violations in Sri Lanka, in particular to : Call upon Sri Lanka to lift the economic embargo which is in force for the last ten years in Tamils regions; Call upon Sri Lanka to respect the Right to Life and the Right to Liberty; Appoint an independent committee to investigate into the mass graves in Chemmani in the Jaffna peninsula; Call upon Sri Lanka to lift press censorship immediately; Call upon Sri Lanka to free all political prisoners; Call upon Sri Lanka to repeal the draconian Prevention of Terrorism Act (PTA) ; Call for the removal of the thoroughly undisciplined Sri Lankan army from the North East of the Island of Sri Lanka, thereby ensuring the right to personal security of the Tamils in their homeland.
We take this opportunity to request the 56th session of the Commission on Human Rights to appoint a country Rapporteur on Sri Lanka. This would facilitate the UN recording acts of violence, humanitarian violations, ethnic and cultural genocide, etc that are taking place in Sri Lanka especially in the North East.
We hope that as we move into a new century and millennium more voices will join the fervent call for the human rights of the Tamil people and of all peoples to be restored, so that human dignity will prevail.
We place our hope in the hands of this Session. More than pity, we hope for concrete action. To halt the genocide requires an act of will, individual and collective. If this Commission does not find such will to act -then what hope can we give to those whose wounds are being cut deeper and deeper? We believe that this Commission CAN be a vehicle for an expression of the noble values and aspirations for humanity that underpin the UDHR and all the Covenants and Conventions which we stand by. We appeal to you from the depth of our hearts and in the name of humanity, to take action.
Thanking you. Yours sincerely
S. V. Kirubaharan, General Secretary - TCHR
Reports and Annexures
Contents
1 - Assassination of a Human rights defender Kumar Ponnambalam
Extracts from TCHR report to 55th session | Travel to Jaffna refused | Open letter to President Chandrika Kumaratunga | Shot dead | Killing claimed | Son gave evidence | Urgent Action Appeal by TCHR | Member European Parliament Statement | Sri Lanka government Accused | Ponnambalam Honored | As killing not by LTTE - no investigation!| President Chandrika’s condolence | Why was "Shantha" in the PSD not questioned? | Urgent Action Appeal by TCHR on cover-up and manipulations | So far no-one identified by eye witnesses
2 - Economic, Social and Cultural Rights
Right to Food | Starvation in the Vanni | Government Agents appeal for foodRight to Education | Council of NGOs statement - Pre-school education | Sinhala text book humiliating Tamils | Hindu school with Buddhist priest | Police block University students protest | Shortage of School Furniture | Muslim admission opposed - one teacher for 70 students | UNICEF - Colombo (September 1999)
Right to Health | Drug shortage | NGOs council report | UNICEF
Rights to work | 22 NGOs council report - Discrimination in selection | Fishermen protest over withdrawal UN aid | Plantation workers | Colonisation |
3 - Civil and political rights
Arbitrary arrest and detention | Council of NGOs situation report | Released and re-arrested | Detention order on Government Agent | 3000 Tamils arrested | Tamils arrested in Colombo - (since July 1999)
Torture - Head covered with petrol and chilli fumes | Judge rules on 'excessive' torture | Woman tortured in custody | Nail and teeth removed - JMO | Student tortured
Disappearances | Three missing in Amparai - Amnesty appeal | Missing "can’t be traced" | Ministry of Defence on disappearances in Jaffna | Amnesty calls for independent inquiry | Fate of missing in Jaffna unknown!
Summary executions | UNDP says 55,000 killed in Sri Lanka | Skulls and skeletons found | Neelan Thiruchelvam killed | Ten killed in election rally | Massacres | Puthukudyiruppu | ICRC confirmation - Amnesty express concern | Fifty-six killed in Amparai | Sinhala Veera Vithana | Madhu Church | ICRC on Madhu Massacre | Amnesty on Madhu | Urgent Action Appeal by TCHR | No action on Batticaloa massacres
Chemmani mass graves
Early exhumation - Government investigators visit | Skull unearthed - Names of Army officials available | Kumar Ponnambalam denied travel to Jaffna | Many locations identified - Rape/murder home found | Rajapakse seeks legal advice | AG department on Chemmani exhumation | Filled up pit | Army commanders intefering with investigation | President of MPGA arrested by the army | Skeletons found in Chemmani | Magistrate instructs government to complete investigation | Extracts from TCHR report to 55th Session | Chemmani Road closed - Smoke visible Rajapakse assaulted by prison guards | TCHR raises questions
| Prison killings since 1983 | Protest of political detainees- more join the fast | One murdered, 33 injured - More violence - | Second death - ICRC Rep. Injured | Detainees in Welikada prison assaulted | Prisoner died of gun shot, Magistrate
Priest threatened - New ID cards for Trincomalee | Pass system in Batticaloa | Journalist demonstration stopped by police | Editor questioned - Member of Parliament killed - Censorship imposed | Editor and sub editor interrogated | Presidential Security Division threatens Editor | Call for Buddhists to "Gun Down" Dr. Jayalath | UN Human Rights Committee accepts complaint
Election violence and Executive Presidency | Complaints recorded during the election | President can kill, steal and sell | Demonstration against Executive Presidency | Presidential election challenged in Courts
Independence of judiciary, administration of justice | Bail application by detainees | 1641 Fundamental rights cases in five years
Hindu Priest arrested | Historic Hindu Temple land for Army camp
TCHR statistics on rape | Raped and shot at genitals | Raped body exhumed | Widowed mother gang raped | Mother and daughter sexually harassed | Mother gang raped and murdered | Urgent Action Appeal by TCHR
Two children killed in Puthukudiyiruppu | School can be place of danger | Sexual harassment | 13 year old girl gang raped
Displaced by recent military operations | Relief cuts since 1997
7 - Annexures
Press release of the TCHR on Human Rights Day | Human Rights Watch - 2000 | Catholics Appeal to Pope and UN Secretary General | Human Rights Agencies appeal to UN for peace | Press release by Mr. A. Vinayagamoorthy - Human Rights Lawyer | UNICEF report - September 1999 | It’s time for action | Norwegian mediation Sinhala point of view | Peace with war by Mr. S. Sivanayagam | Report of the U.S. Department of State - February 25, 2000
Assassination of a Human Rights Defender Kumar Ponnambalam 5 January 2000
Mr. Ponnambalam presented the human rights situation in Sri Lanka in the last (55th Session) of the UN Commission on Human Rights
Mr G.G. Ponnambalam Jnr. (known to everyone as Kumar Ponnambalam) was involved in human rights for many years. He was a leading lawyer in Colombo. Gunmen assassinated him in cold blood on 5th January in Wellawatta in Colombo.
Mr Ponnambalam, as a prominent expert and able criminal lawyer defended thousands of Tamil people, over many years, who suffered gross and systematic violations of human rights at the hands of the Sri Lankan government security forces - the Special Task Force, the Army and the Navy. The Attorney-General Department has stated that Mr Ponnambalam held 98% of the (PTA) cases, which went through their department, which is virtually equivalent to the entire number of cases fought by the Crown Prosecution Service.
Mr Ponnambalam filed many reports on important human rights cases. These include the internationally known case of gang-rape and murder of Krishanthi Kumaraswamy, which led to the eventual revelation of the eighteen mass graves, including Chemmani, in the Jaffna Peninsula.
His work became a challenge to the Sri Lankan government, which with its record of massive human rights violations amounting to genocide, met in him a force to be reckoned with.
Mr Ponnambalam was a brave and tireless champion of civil and political
rights, and fundamental human rights. He was not afraid to speak out on Human rights and
this has cost him his life. His assassination marks a tragic loss for all
who strive for the cause of justice and human rights.
( Incidents are quoted in date sequence)
Extracts from TCHR report to the 55th Session
Freedom of Expression
In March 1997, Mr. G. G. Ponnambalam was requested by certain NGOs to make representations on behalf of the Tamils, at the 53rd Session of Commission on Human Rights. On his departure from the international airport in Sri Lanka, an army of customs and police officers rummaged through his personal belongings, as if in search of a rat, to get at his papers.
Harassment of a LawyerMr. Kumar Ponnambalam, a leading Criminal Lawyer and General Secretary of the All Ceylon Tamil Congress, the first Tamil Party in Sri Lanka was interrogated by the Criminal Investigation Department (CID) on 13 January and 20 January 99. According to the CID, Mr. Ponnambalam was deemed to have committed a crime under section 2 (1)(h) of the PTA during his interview with the Swarnawahini TV channel. Mr. Ponnambalam stated that nowhere in the Swanavahini interview did he say anything to offend that section 2 (1)(h) of the PTA.
This is considered as political revenge by the Government on Mr. Kumar Ponnambalam for exposing the fallacies in Sri Lankan President Chandrika's interview to the South African Television. In this TV interview, President Chandrika Kumaratunga had said : "They are wanting a separate state - the minority Tamils who are not the original habitants of the country".
Mr. Kumar Ponnambalam then contacted an Army officer at the Ministry of Defence and explained to him that it was not necessary for him under Sri Lankan law to obtain the army's permission to visit Jaffna or any other part of the country. Mr. Kumar Ponnambalam wanted to participate in the court proceedings on Chemmani on August 30th 1999.
An Open Letter to President Kumaratunga, 23 December 1999
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 and 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.
Permit me to tell you that your speech reflects the hatred that you have, only too readily, recognized in others.
Your speech is nauseatingly replete with one word - "peace". But the tenor of your speech is anything but one that is, in any way, conciliatory or given to peace.
You have sent a clarion call to all your "Tamil brothers and sisters" with outstretched hands of friendship. This shows your stark insincerity if one only recalls your speech made many moons ago when you inaugurated the Sama Tawalama at Anuradhapura with the unacceptable posture that this island is Sinhala land and Buddhist country.
You refer to 18th December 1999 as "the night that will go down in history as the night this land was touched by the hand of darkness one too many times". You indulge in this rhetoric because it happens to concern you. Do you not realize that there are thousands of widows in Tamil Eelam to whom certain nights have gone down, in their own lives, as nights that have been touched by the hand of darkness caused by your machinations as Commander-in-Chief of your armed forces?
You have challenged "those who doubt (your) resolve to lift the curse of hatred and death that has fallen upon (this) land" to look you in the face now and voice our doubts about the sincerity of the desire to forge permanent peace. I hasten, with this letter, to say just that to you with all the vehemence I command. I am fortified in this statement by your victory speech itself.
You want to finish the LTTE. Please do so, if you can. With that will go, for all times, any prospect of permanent peace in this island. Your election results shows ruthlessly that all Tamils, not only Tamil Eelavar but also the Upcountry Tamils, not only do not want you because they do not trust you anymore, but also do not want a political solution from you. This is an indictment on all your postulations of wanting to forge permanent peace.
Just take your peace packages. There were three in as many years, during the first three years after the commencement of your tenure. For the next two years, there was not a murmur about those packages. Even those three packages were diluted with each subsequent appearance! Surely, anyone who has a genuine desire to bring about a political solution will not trifle with packages every summer? One stands or falls with just one.
You say that you see very clearly "the enemy that walks so freely" in this island, and you identify that enemy as "hatred". No, the enemy you see are the Tamils in this island. Thank God this is reciprocated by every Tamil worth his salt. This has also been evidenced by the election results.
You boast that "the entire LTTE terrorist enterprise will fail" against you but, in the same breath, you contradict yourself pathetically by wanting the Tamils to bring Pirabaharan to the negotiating table. You have played ducks and drakes for far too long about whether you want to talk to the LTTE or not. Political maturity demands that you and your Government finally state whether you want to talk to the LTTE, unconditionally, or not. It is only when this is known definitely will anybody move in this matter.
If talking to the LTTE at the negotiating table is your honest position, then your outburst about "cowards of the LTTE" and "terrorist cowards" or your urge to wipe out the LTTE, must surely be counter productive.
By all means "clear away the culture of terror and death", which has become the way of life in this island thanks to the Sinhalese who first showed everybody the way in June 1956. But you will realize immediately, as everybody in this island realizes, that you will have to start doing so at your very own doorstep in the first instance, before you decide to go anywhere near the LTTE!
May I close by referring to your constant refrain about bringing about peace. If you are hoping to bring about peace through any one of your packages, please forget it. The Tamils have shown unmistakably that they are not interested in you or in your peace packages.
In fact, if the Tamils are worth their salt, they will not want anything dished out by you, or for that matter, by your adversary. Why should we? We Tamils were not born to depend on the "benevolence" of the Sinhalese or on what they choose to dish out to us. A part of this island rightfully belongs to the Tamils, in as much as the other part rightfully belongs to the Sinhalese. This must be appreciated by the Sinhalese.
As far as the Tamils are concerned, they in turn, must appreciate that if their aspirations hold that as a Nation they have the right to self-determination and that that right is inalienable in that it is born with them, then they must have the political wisdom, strength and sagacity to exercise that right and decide their own political future themselves. They have, for far too long, looked to peace packages, negotiating tables and anything offered or dished out by the Sinhalese. This beggarly attitude must go. The sooner it goes, the better it is for the Tamils.
The Tamil Nation has, through the Delegation of the Tamil People, solemnly informed the world about its aspirations in August 1985 at Thimpu. To go back on that position will be tantamount to compromising future generations of Tamils yet unborn. The present generation does not have the right to compromise future generations. Any signal that would give the Sinhalese the idea that the Tamils are not serious about their aspirations, or that they are climbing down, will be an act of treachery. The present generation does not seem to tolerate such treachery or to take kindly to traitors.
May I end by saying that, on the basis of what I have just stated I, personally, have got disgusted and tired of talks, third party intervention, etc. My considered conviction is that a political solution to the Tamil Problem is in the hands of the Tamils themselves and only in their hands and that the Sinhalese and Tamils can continue to live in this island and in peace only if they live in two definite and distinct compartments each minding their own business unfettered by the other. Only such an arrangement will prove relevant that great quotation on peace you have used in your speech:
"Peace is a battle. Peace is never given freely, never acquired. Its conquest is the result of courage and of respect for others. It demands awareness and commitment from everyone. Peace is not the law imposed by the mighty, but that which is founded on equality and dignity of all peoples."
A Criminal Lawyer and the President of the All Ceylon Tamil Congress Mr. Kumar Ponnambalam was shot dead while driving his car at Wellawatte by an unknown gunman. Police sources said that Ponnambalam had been shot with a revolver while he was driving his blue Benz car at a by-lane off Ramakrishna Road. Police suspect that an unidentified man who was riding in Ponnambalam's car was responsible for the shooting. According to information received by the police the suspect gunman had visited Ponnambalam at his home at Queen's Road earlier in the morning.
After a brief talk both Ponnambalam and the suspect had got into the Benz and while Mr. Ponnambalam took the wheel the other man rode beside him. Ponnambalam was found dead in the car with gun shot wounds in his head and neck. He had died instantly.
Police said the man who rode with Ponnambalam is missing and they are looking for him. At the time of writing police were unable to say why Ponnambalam who was driving down Ramakrishna Road had turned into Ramakrishna Lane where he was shot. (Sri Lanka The Island - 6 January 2000)
6 January 2000 - An organisation calling itself 'National Front Against Tigers' claimed responsibility for the killing of Kumar Ponnambalam, the president of the All Ceylon Tamil Congress. In a note in Sinhala faxed to leading media institutions in Colombo the group said it is warning all those who support and help the Liberation Tigers. Such people were "traitors" the group said. The note was signed "Wijayaranabahu, Commanding Officer". This organisation is considered to be the front organisation of the Sri Lanka government.
Son Mr. Gajendra Kumar gives evidence
14 January 2000 - "My father Kumar Ponnambalam, wearing black trousers and a white T-shirt with black stripes, left the house on that fateful morning with one 'Shantha' saying that he would proceed to Wellawatte and return within half an hour. "But that was not to be. He thereafter never came back home alive. We only saw him lying dead at the wheel of his blue Mercedes Benz." Thus stated Barrister Gajendra Kumar the only son of All Ceylon Tamil Congress leader Kumar Ponnambalam at the Magisterial inquiry into the death of Kumar Ponnambalam before Mount-Lavenia Magistrate K.H.Sumathipala.
Witness Gajendra Kumar continued that his father had left home that day around 10 a.m. He and his father were to bring a vehicle from the garage. But on hearing that there was a bomb blast at Flower Road, they changed their plans and his father went to Wellawatte saying he would get back in half an hour.
He said he wanted to advise his father not to go out because of the bomb blast but before he could do that, his father had driven out. He also believed another person was in the car.
Referring to the mysterious 'Shantha', Mr. Gajendra Kumar said he had come to the residence that morning and had also called several times earlier. Shantha spoke in Sinhala and he believed he was a Sinhalese.
He said after he received the call from the Sun FM Station, he had telephoned his father on the cellphone but had got only a recorded answer. Later when he went to the scene, with Mr.Thomas, he saw his father fallen inside the vehicle. Both windows of the air-conditioned Benz were open and the automatic gear was at parked position. The cellphone number 077311922 was missing.
TCHR issued an Urgent Press release, 5 January 2000
On 5th January 2000, the Tamil Centre for Human Rights - TCHR issued an Urgent Press release, which read as follows :
Mr G.G. Ponnambalam Jnr. (known to everyone as Kumar Ponnambalam) was involved in human rights for many years. He was a leading lawyer in Colombo. Gunmen assassinated him in cold blood this morning in Wellawatta in Colombo. The post-mortem carried out tonight revealed five revolver shots behind his right eye and one bullet in his shoulder.
According to his family members and friends, Mr Ponnambalam had been contacted by a Sinhalese person in recent times, who had arranged to meet him today. He had told the person that he would be at home and would not be going to the Courts, so the person came to his home at 10.00am this morning. They both went to Wellawatta. He never returned.
Mr Ponnambalam, as a prominent expert and able criminal lawyer defended thousands of Tamil people, over many years, who suffered gross and systematic violations of human rights at the hands of the Sri Lankan government security forces - the Special Task Force, the Army and the Navy. The Attorney-General Department has stated that Mr Ponnambalam held 98% of the (PTA) cases which went through their department, which is virtually equivalent to the entire number of cases fought by the Crown Prosecution Service.
Mr Ponnambalam filed many reports on important human rights cases. These include the internationally known case of gang-rape and murder of Krishanthi Kumaraswamy which led to the eventual revelation of the eighteen mass graves, including Chemmani, in the Jaffna Peninsula.
His work became a challenge to the Sri Lankan government, which with its record of massive human rights violations amounting to genocide, met in him a force to be reckoned with.
Mr Ponnambalam spoke out for human rights also in the international arena. He denounced the torture, arbitrary detention, disappearances and extra-judicial killings of Tamil people at the hands of the Sri Lankan government's security forces, in the United Nations Commission on Human Rights in 1997 and 1999. Amongst many important international bodies, he addressed members of the European Parliament in Brussels and the Royal Institute in London-U.K
In December 1998 Mr Ponnambalam was threatened with being arrested by the present government of Sri Lanka. The Tamil Centre for Human Rights brought this to the notice of human rights organisations and international bodies. Eventually, he was interrogated by the Sri Lankan Police in his home.
Everyone knew that Mr Ponnambalam had been facing a threat by the Chandrika government for a long time. On certain International platforms Mr Ponnambalam stated openly that President Chandrika Kumaratunga was "after his blood". Recently he stated that the government was "looking for his blood". Today this has become a tragic and sad reality.
Mr Ponnambalam was also a devoted husband and father. He leaves his wife Dr.Yogi, his daughter Mrinalini aged 27 and his son Gajendrakumar aged 26.
Mr Ponnambalam was a brave and tireless champion of civil and political rights, and fundamental human rights. He was not afraid to speak out on Human rights and this has cost him his life. His assassination marks a tragic loss for all who strive for the cause of justice and human rights. We appeal to all individuals and human rights organisations to strongly condemn this callous and heinous act.
Assassination of Tamil a tragedy says MEP
7 January 2000 - Labour Member of the European Parliament Robert Evans said that the death of Kumar Ponnambalam was a tragic loss for Sri Lanka and the Tamil community. Mr Ponnambalam, a Tamil lawyer, was assassinated in Colombo yesterday. Speaking in London Robert Evans MEP, said 'I considered Kumar Ponnambalam a friend of mine. I had met him several times and visited him only a few months ago in his house in Colombo. I am devastated that he should have died in this way.
'Mr Ponnambalam was never afraid to speak out and was always conscious of the safety of others. His personal courage was such that he knew he would always be a possible target but his concern was always for other people. This was especially so when I went to his home.'
'Kumar was also a realist,' said Robert Evans. ' He knew from years of personal experience that the freedom struggle of the Tamil people could not rely solely on the democratic process. He was also prepared to point a finger of blame for atrocities at the Sri Lankan military and the Sri Lankan government. ''Above all he recognised, like me, that the only lasting solution to the war would come from discussion and dialogue between the two parties to the conflict with international mediation.’’
As a human rights' lawyer Kumar Ponnambalam spoke of the situation in Sri Lanka at forums around the world. 'Only recently he was in Brussels meeting with MEPs. He drew attention to the amazing lack of coverage of the Sri Lankan civil war in the European and world press.'
'The contrast' commented Robert Evans, ' between the lack of coverage of the situation in Sri Lanka and Chechnya is very stark. The war in Sri Lanka is different but equally violent. The Sri Lankan government suppresses the coverage and Kumar was exposing this and many other aspects of the Tamil case.'
'His loss is a devastating blow to the whole Tamil community. Our thoughts today must surely be with his family. The best lasting tribute to Kumar Ponnambalam will be if the struggle for peace in Sri Lanka continues in the wake of his tragic death.
Sri Lanka Government accused of the assassination
LTTE Headquarters - Tamil Eelam 6 January 2000 - The Liberation Tigers of Tamil Eelam (LTTE) wishes to express its deep shock and profound grief over the brutal killing of Mr. Kumar Ponnambalam, a courageous Tamil leader who fearlessly exposed the hypocrisy of the Sinhala state and audaciously championed the cause of the Tamil nation.
We accuse the Sri Lanka government and the Tamil quisling groups of masterminding and executing this heinous crime to silence a brave, daring voice of reason that defended the rights of the Tamils. Mr. Ponnambalam's sudden death is a great and irreparable loss to the Tamils, a monumental tragedy that has befallen the Tamil nation at a critical historical time.
Faced with constant threat to his life and property, Mr. Ponnambalam lived in the heart of the Sri Lankan capital and boldly challenged his racist adversaries. His speeches and writings, which touched on extremely controversial issues, expressed his truthfulness, genuiness, uprightness and indomitable spirit for justice. He pleaded for the rights and liberties of thousands of innocent Tamils in Colombo who were subjected to constant persecution at the hands of the tyrannical Sinhala state. He also voiced for the Tamils rights at international forums.
Mr. Ponnambalam was the only Tamil leader who openly and fearlessly supported the armed freedom struggle of the Liberation Tigers. He endorsed the policy of the LTTE as the authentic political project based on the right to self-determination of the Tamil people. By his gallant and heroic life in advancing the legitimate cause of the Tamils amidst all dangers, Mr. Ponnambalam has earned the respect and admiration of his people as a true Tamil patriot. (Released by the International Secretariat of LTTE, 211 Katherine Rd, London E6 1BU, United Kingdom.)
COLOMBO: Prominent Tamil leader Kumar Ponnambalam, 61, assassinated by
an unknown gunman, last Wednesday, was cremated in a heavily attended ceremony at
the Colombo general cemetery on Sunday. While the police has so far been unable to crack
the mystery behind the killing, it has become the centre of a political controversy here.
The Liberation Tigers of Tamil Eelam (LTTE) in an unprecedented development on Sunday
posthumously bestowed the outspoken Ponnambalam, with an award of "the most eminent
person" - Mamanithan. Commending him on his "leadership, dedicated patriotism
and outstanding
contribution to the cause of Tamil liberation." (by Charu Lata Joshi Times of
India - 9 January 2000)
Police will not spend time investigating as it was not done by LTTE
6 January 2000 - The Tamil Information Centre (TIC) espresses deep concern over the rapidly deteriorating human rights situation in Sri Lanka. Insecurity and violence are spreading fast. The Killing of Kumar Ponnambalam, president of the All Ceylon Tamil Congress and a leading human rights lawyer on 5 January 2000 has shocked the Tamil community. The brutal and callous murders of Kumar Ponnambalam and chief editor of Tamil weekly, Thinamurasu and Tamil Member of Parliament Ramesh Nadarajah on 2 November 1999 have posed further threats to the freedoms of expression, assembly and association. The government is unable to prevent deliberate killings. Its believed that "deaths squads" freely operating in the capital Colombo are responsible for these killings. The TIC calls upon the international community to monitor the situation in Sri Lanka, urging the government to conduct a public inquiry into the killings of Kumar Ponnambalam and Ramesh Nadarajah. The Tamil Information Centre understands that Police Officers who came to the scene of the killing of Ramesh Nadarajah had told concerned MPs that they would not spend time in investigating the case as it was not done by the LTTE and that they have no interest in the case.
The brutal killing of the leader of the All Ceylon Tamil Congress Kumar Ponnambalam in Colombo yesterday is a pointer that the politics of the gun has gained precedence over democracy. It is no doubt condemned by all those who believe in democracy. A member of an influential political family and lawyer, Mr. Ponnambalam was a well known personality and had a large number of personal friends belonging to all communities. In keeping with the dynastic politics of the country he was carrying his father's mantle as the leader of his political party.( Extracted from the Editorial "The Island" 6 January 2000)
Kumar was killed on 5 January 2000, Chandrika's condolence dated 6 May 1999!
The assassination on January 5 of Kumar Ponnambalam, might have been planned by the Sri Lankan government "eight months previously"! A condolence letter by President Chandrika Kumaratunga was sent to Ponnambalam's widow, dated May 6th 1999.
According to Mrs. Yogi Ponnambalam, the President sent the condolence letter through one of her security officers on the evening of January 7th. It has raised suspicions as to whether President Kumaratunga's letter has been dated May 6th 1999 by mistake or the assassination had already been planned last year.
The date was not a mistake as the chances are minimal for such an error to happen in a letter, especially a condolence message, from the country's highest administrative office, the Presidential Secretariat. Mrs.Ponnambalam and other family members consider that the letter appears to be deliberately intended as an insult.
Why was Shantha in the PSD not questioned
The media in recent times has been full of allegations about an individual call "Shantha" who is allegedly a member of the Presidential security Division. He has been "credited" with several acts of violence against civilians considered as enemies of this government. But the police so far have not interviewed this gentlemen in this regard! ("The Sunday Leader - February 13, 2000)
Assassination of Kumar Ponnamblam has clues - but no proper investigation - TCHR, (28th February 2000)
With reference to our Urgent Action - Ref. No. AE/02/01 of 5 January 2000, we would like to bring the following matters to the concern of all human rights organisations, human rights activists and persons committed to promoting values of human dignity and worth.
Our observations on information that TCHR has received since the assassination of the human rights defender Mr. Kumar Ponnambalam, strongly indicate that a serious cover-up and manipulation by the investigators are taking place.
So far, no proper and serious inquiry has been carried out regarding this assassination! We would like to draw your attention to the press release of the Tamil Information Centre (TIC), in London, dated January 06, 2000. This states that "The Tamil Information Centre understands that Police Officers who came to the scene of the killing of Ramesh Nadarajah (Editor of a weekly Tamil news paper) had told concerned MPs that they would not spend time in investigating the case as it was not done by the LTTE and that they have no interest in the case!"
When a crime is reported in Sri Lanka it is the local police in whose jurisdiction the incident occurred that investigates along with the Criminal Investigation Department (CID). In the case of Mr Ponnambalam's assassination, it is the Wellawatte police along with the CID that ought to be investigating the crime. However, on the 3rd day after the murder, this case was handed over to the Colombo Detective Bureau (CDB) on the instruction of the President and the Inspector General of Police. This is highly irregular.
Even though the person named "Shantha", referred to in our previous Urgent Action had come to the family home, had sat and spoken with Mr Ponnambalam before going in the car with him, and even though the CID had been informed of this, no attempt was made to find out where he sat in the house, which chair he sat on, or to take finger-prints anywhere in Mr Ponnambalam's home.
According to a human rights lawyer and a good friend of Mr. Kumar Ponnambalam, there was an eyewitness to this assassination! He is Mr. "X", a businessman in Colombo. Mr "X" had gone in a trishaw to Ramakrishna Terrace via Marine Drive and Ramakrishna road. As the trishaw turned into Ramakrishna Road he had seen a jet-black Isuzu Trooper jeep with dark tinted windows parked at the bottom of Ramakrishna Road. He had proceeded up the Road and turned into Ramakrishna Terrace where he had seen Mr Ponnambalam's car parked on one side to the left.
He had noted a man seated in the left-hand front seat of the car and another man standing outside the window closest to Mr Ponammbalam. He had driven past them and had got off opposite No. 7 Ramakrishna Terrace and had rung the bell/knocked on the gate. There had been no reply from the house.
At that point he heard what he described as fire-crackers. He had not taken special note of this, as it was the festive season. Since there was still no response from the house he had turned to go back towards Ramakrishna Road when he saw the indiviiual standing outside the window where Mr Ponnambalam was seated, tuck a gun that seemed like a revolver /pistol into his waist and pull the shirt over it. The other man had got out of the car by this time and they were both "casually" walking towards Mr "X", that is, towards Vivekananda Road. Then he found that a person had been shot dead inside that particular car.
Immediately he brought this fact to the notice of two policemen who were nearby at the time. When he told these policemen about the killing, they said that they had come to that area because they had received information that there was a suspicious vehicle parked and it had been there for some time. In fact, even the policemen were referring to the same "Isuzu Trooper Jeep" which the businessman had seen.
In Sri Lanka, the vehicle referred to above, is only used by the Security forces, especially by the Sri Lanka Army, Ministerial Security Division (MSD) and the Presidential Security Division(PSD).
Furthermore, we feel it important to note that the Government Analyst Department who examined the car in which Mr. Ponnambalam was killed could not find any fingerprints anywhere on this car. Even Mr. Kumar Ponnambalam's finger-prints could not be found on the driver's wheel, or anywhere else! The Government Analyst Department checked the car on three separate occasions yet could not recover any evidence whatsoever, and could not find any bullets in this car. Whereas later, two bullets were found in this car by others.
A columnist of the Sunday leader of February 13th 2000 has said in his article "It is indeed frightening that anyone called Shantha could become an automatic suspect in the Kumar Ponnambalam case. But then again there are reservations. The media in recent times has been full of allegations about an individual called 'Shantha' who is allegedly a member of the Presidential Security Division. He has been 'credited' with several acts of violence against civilians considered as enemies of this government. But the police so far have not interviewed this gentleman so far in this regard."
It is a well-known fact that that Mr. Kumar Ponnambalam was an able Criminal Lawyer in Sri Lanka, who had seen many criminals and murderers in his life-time. Therefore, anyone with bogus information such as a false name, address, profession, etc could not have approached him. The talk in Colombo is that the organisation which claimed this assassination is not a fake one, but it is considered a front organisation of the Government. In the light of the above information, we kindly request you to send letters / faxes of protest to the President of Sri Lanka and the Inspector General of Police, urging a genuine, rigorous and serious inquiry into this matter and to follow up every suspect whatever sector they belong to or work in. TCHR recommends that the Sri Lanka government should conduct a public inquiry into the brutal assassination of Kumar Ponnambalam.
No one has yet been identified by the eye witnesses
Between January 5, 2000 and the present day no one has yet been identified by the eye witnesses who saw "Shantha" on the day of the assassination nor by the Colombo businessman who heard the firing and saw the killers. But there have been two statements by the Police investigators that the killers have been identified! This is considered to be the routine "Eye wash", given to the outside world by the investigators and the government.
Economical, Social and Cultural Rights
According to the UNICEF report of September 99, there needs to be a community development approach which ensures that the multiple stresses of poverty, malnutrition, poor education and social dislocation are alleviated - and the social fabric of the community and family life restored.
Starvation in the Vanni
On July 17th 1999 the Government Agents of
Mullaithivu and Kilinochchi appealed to the government to take immediate action to send
relief food and essential commodities to the civilian population. The appeal has been sent
to the Commissioner General of Essential Services with a copy to the Government Agent in
Vavuniya.The contents of this appeal said that the multi-purpose co-operative and shops
are without food as the road to the Vanni has been closed since June 26th 1999.
There is an acute shortage of sugar, flour, dhal and kerosene oil in the Mullaithivu and Kilinochchi districts. Both Government Agents have informed the government that "starvation among the population is identified and acute shortage of essential drugs is also experienced.
Rt. Rev.Rajappu Joseph, the Bishop of Mannar has said that 4000 people belonging to 900 displaced families from the Vidaththalthivu and Pallamadu areas, who have sought refuge under trees along roadsides in Thevanpiddy, in the western coastal areas of the Mannar district, are suffering without proper food, drinking water and relief assistance. He has appealed to the government to rush food and kerosene and to supply drinking water in bousers to the displaced population. As usual the government has ignored this request.
Government Agents appeal for foodIn September 1999 the Government Agents (GA) of Kilinochchi, Mullaithivu and Vavuniya made a request to the government officials in Vavuniya to make arrangements to dispatch the required quantity of relief food items to the displaced population in the Vanni areas.
The GAs pointed out to the government officials that 5 kg of rice, 4 kg of wheat flour 1.5 kg of sugar and a half a kilo of dhal are required for a person for a month and this amount of foodstuff should be transported every month. However no positive responses were given.
A large number of teachers’ posts continue to remain vacant. Certain schools in remote areas are bereft of teachers. This is one of the main reasons for the lowered standards of education reflected in the GCE O/L results. Many damaged schools have also not been fully rebuilt and equipped.
In Vanni, education facilities are lacking, not enough equipment and resources to engage motivate and stimulate pupils in the learning process. Other factors outside the family mitigate against them becoming more involved - needing to help their families survive, looking after elderly or injured relatives, needing to find basic essentials for living.
Pre-school education in Jaffna needs a kick start. The main asset of the Jaffna population which was education has received a colossal set-back due to the war over the last 16 years. Earlier the percentage of literacy was very high but the adverse impact of the conflict has been identified even in the field of pre school education.According to recent information, there are 505 pre-schools in the Jaffna peninsula with a total strength of 611 teachers and 11,854 children. Though the training programme for the teachers is conducted by various organisations both governmental and non- governmental, it has been noted that more than 30 percent of the pre-school teachers have not undergone any type of training. It is also learnt that 28 percent of the pre-school teachers do not receive any allowance or salary for the services rendered.
Other relevant information reveals that 163 of the pre-schools do not posses water supplies, 315 are without proper sanitary facilities and 342 are without any furniture for the use of both teachers and children. (an extract from "The Weekend Express" of January 15-16, 2000)
The World Bank and the Department for International Development (DFID) of
the United Kingdom jointly organised a two day workshop in July 1999. At this workshop the
Samshakthi Teachers' Forum presented its report on the role of school textbooks for multi
social reconciliation in Sri Lanka. The Samshakthi Teachers' Forum pointed out in its
reports that several portions from the Year 7 Sinhala textbook on Buddhism, were
humiliating to the Tamil community in the island.
In page 74 of the book it had been wrongly stated that when a Tamil king Elara captured
Anurdhapura, Tamils started destroying Buddhist temples and harassing monks. This is
factually untrue and blatantly incorrect. These Sinhala text books, prepared by the
National Institute of Education have been published by the Ministry of Education and
Higher Education.
The following are some points raised by Samshakthi Teachers' Forum:
1 - "It is a great tragedy that the curriculum developers of the current textbooks have failed to take into consideration, the national needs of the country. They have not taken into consideration the educational policies and their objectives.
2 - "The Sri Lankan text book writers have not considered this country is a multi-racial and multi-religious one.
3 - "The most lamentable issue is that the majority of the Sinhala medium textbooks seem to have taken great pains to highlight the Sinhala- Buddhist attitudes.
4 - "One other interesting issue is that of the use of maps. They are so distorted that one would wonder whether the original maps of Sri Lanka had no North and Eastern provinces. The text book writers have ignored these two regions in their references.
5 - "When one analyses these facts, one wonders how a unitary or united country could be maintained under such hostile conditions. It is the minority that has been hurt and crushed most in the hostile attitude adopted by the Sinhala text book writers.
6 - "Even in studying art, the Tamil learner is forced to study only the Buddhist and the Sinhala aspects of the history of art of Sri Lanka.
7 - "In Year 7 text book on Buddhism, it is said " I shall refraining from killing". This explanation has been limited only to the killing of animals. It is known that some Buddhists extend their sympathies only towards animals.
8 - "The words of Lord Buddha teaches the humans to condemn war and uphold peace and equality. Yet it is sad to realise that such truths have been neglected in the text books on Buddhism.
"In examining the text books used in Sri Lanka, we find that they encourage our students to be racial and sectarian, cutting off all chances of socialisation in a meaningful manner".
July 1999 - A Buddhist is functioning as the Principal in the Kurunegala Hindu Maha Vidyalayam. Kurunegala is an important town in the north western province. When a deputation of the All Ceylon Young Hindu Federation led by its General Secretary recently visited Kurunegala, Hindu residents in Kurunegala brought to the notice of the General Secretary the fact that a Buddhist principal was running the administration of the Hindu Maha Vidyalayam. Several Hindu residents expressed that the welfare of their children was not properly looked after by the school administration. The general secretary of the ACYHF has written to the Minister of Education and Higher Education to appoint a Hindu principal to the school. He has also sent a letter to the provincial Minister of Education requesting him to transfer the Buddhist principal from the Hindu Maha Vidyalayam in Kurunegala.
Police blocked protest by Jaffna university students
On July 26, 1999 - A march organised by Jaffna University students, demanding that the government open a route into the Vanni, was blocked by the Sri Lanka Army and Police at Parameswara college junction.
The march started from the University and was heading towards the Jaffna Kachcheri (Government Agent’s secretariat) where the students were to hand the Government Agent a letter addressed to the Sri Lankan president. The organisers of the rally said that even though they had obtained permission from the Jaffna police, the police at the scene had blocked this march saying that permission had not been granted!
Secondary - desks 10,206 17,010 3,402 6,810
Secondary - chairs 10,403 17,340 3,468 6,930
Primary - desks 5,058 8,430 1,686 3,370
Primary - chairs 7,415 12,355 2,472 4,940
Total required 33,082 55,135 11,028 22,050
October 7, 1999 - More than 3000 students of Ananda and Nalanda Colleges and Buddhist monks demonstrated in Colombo protesting against a demand by the leader of the Sri Lanka Muslim Congress, stating that 20 percent of the seats at Ananda College be allocated to Muslim students. Ananda and Nalanda Colleges are leading Buddhist schools in Colombo.
One Teacher for 70 studentsAccording to a statement issued by the Ceylon Tamil Teachers’ Union, there is an acute shortage of Tamil medium teachers prevailing in schools in the Tamil areas. The union said that the ratio is one teacher for 70 students in these areas while in rest of the island there is one teacher for 22 children.
The General Secretary of the CTTU said the Government could not ensure equal opportunity of education to Tamils until the existing vacancies for about 10,000 Tamil medium teachers in the country are filled.
The statement added that on an island-wide basis there was a surplus of about 14 thousand Sinhala teachers. 600 of these surplus Sinhalese teachers are in schools in the East of the island. But in the whole country over 10 thousand vacancies remain to be filled by Tamil medium teachers. In the north east schools, over five thousand vacancies exist for Tamil medium teachers.
UNICEF - Colombo, Sri Lanka - September 1999Literacy levels which were higher than 80% have fallen due to the deterioration of educational facilities. Schools in host communities attended by displaced children have their limited material and human resources stretched. The prolonged conflict has led to extreme vulnerabilities for children and women.
In the Vanni, children suffer from respiratory infections, diarrhoea and malaria. The most easily preventable diseases are the greatest cause of morbidity and mortality. More than half of the allocated posts for medical officers are vacant, resulting in a reduced service.
Essential service delivery a problem.
Drug shortage at PulmoddaiThere is a severe drug shortage at the government hospital in Pulmoddai in Trincomalee District, as the security forces interfered in the administration of the hospital.
Patients in that area were badly effected because the hospital authorities wilfully ignore their request to order more drugs. Patients said in addition that the hospital was without even basic drugs like paracetamol.
Two medical officers attached to the hospital prescribe drugs to patients to buy from pharmacies in the village. But pharmacies in Pulmoddai do not have enough stock drugs due to the restriction imposed by the military authorities.As a result, people of the area were forced to travel to Kebettigollawa, about 50 km. from Pulmoddai, to buy medicines prescribed by doctors. Over 18 thousand people live in the traditional Muslim village, Pulmoddai.
Situation report of the Council of NGOs Jaffna (December 1999)Medical reports pinpoint a shortage of medical staff and drugs. Certain units are not even manned by an Assistant Medical Practitioner. In the absence of ambulance services to these units, seriously ill patients find difficulty in gaining admission to the district hospitals or the Jaffna Teaching Hospital. These shortcomings need to be rectified for a better health service in Jaffna.
UNICEF - Colombo, Sri Lanka - September 1999Morbidity and mortality for infants and under five year old children are mainly related to the poor health of mothers. 58 percent of all infant and under five deaths in the areas are due to short gestation period and low birth weights.
The report states that awareness programmes bombastic in scope but without substance, were the main reason for the problems not being tackled. For example the awareness programme on malnutrition was irrelevant as the main cause of poverty was due to acute unemployment and under-employment created by various restrictions on income generating activities.
Due to heavy rains (more than 20 millimetres) during October and the consequent floods, the paddy crops which were at the germination stage have been affected.
Discrimination in selectionThe Tamil language candidates sitting for the competitive examination for selection to the Sri Lanka Accountant Service and the Sri Lanka Administrative Service are subjected to discrimination in appointments.
In the competitive examination held for selection to the Sri Lanka Accountants Service in 1993, 1994, 1996 and 1998, only one Tamil in each examination was selected for appointment which was far below the ethnic ratio of the Tamils in this country.
In the meantime there are over 40 vacant posts for Accountants in the North East Provincial Council which have not yet been filled for the past several years.
In the competitive Examination for the selection of candidates for Sri Lanka Accountants service held in 1999, 38 Sinhalese and 2 Tamils were selected. (In the competitive Examination held in 1998 for selection of Accountants, 15 Sinhalese and only one Tamil were appointed.)
In the competitive Examination held in 1999 for selection of candidates for the Sri Lankan Administrative Service, 151 Sinhalese and only 2 Tamils were summoned for the interview. (an extracted from "The Weekend Express" of January 22-23, 2000)
Fishermen on the coast of Vadamaradchi north in Jaffna have been affected by the withdrawal of aid from the United Nations Development Program (UNDP). Officials of the Vadamaradchi North Fishermen's Federation accused the Jaffna Kachcheri for the cancellation of eight hundred and twenty thousand rupees granted by the UNDP for making sea going rafts and fishing boats. (Please see summary report of
fishermen killed, seriously injured and equipemnt damage in recent years, prepared by the Mullaitivu District Fishermen’s Co-operative Societies Union.
Over 70% of the plantation work force, whist is overwhelmingly "Indian" Tamil, is unionised. In total there are over 900,000 union members, 650,000 of who are women. (Excerpts from the 1999 Country reports on H/R - U.S. Department of State - February 25, 2000)
The golden jubilee celebrations of the Gal Oya development scheme was held in Ampara district on August 28th and 29th 1999. The Deputy Minister of Defence Mr. Anurudha Ratwatte was the chief guest and the Leader of the Opposition and the President of the United National Party Mr.Ranil Wickremesinghe was the distinguished guest at the celebrations.
The Gal Oya development scheme was inaugurated in 1949 by the first Prime Minister of the country. This was the first state-sponsored colonisation scheme where majority lands were distributed to Sinhala peasants living in other districts outside the eastern province.
This colonisation scheme paved way for the creation of a new electorate called Ampara, now Digamadulla, in the east dominated by the Sinhalese community. In effect, the government is to celebrate the successful implementation of the state-sponsored Sinhala colonisation schemes in the traditional homelands of the Tamils and Muslim communities in the east over the last fifty years. (Please refer to the TCHR addendum on "Sinhala Colonisation" to this appeal)
Situation report of the Council of NGOs Jaffna (December 1999)
Arrests on suspicion are on the increase and youths are living in fear. After questioning some are released while others are detained in the Kankesanthurai Detention Camp. Some others are taken to Anuradhapura for trial before the High Court Judge. In the absence of a Court in Jaffna, parents and guardians face the hazardous problem of travelling out of Jaffna.
Released after 5 years sentence and re-arrestedAmnesty International is concerned for the safety of Chitravel
Manivannan, who
has reportedly been repeatedly tortured during interrogation by the police Counter
Subversive Unit (CSU) in Vavuniya. He is reported to be in need of medical attention.
He has allegedly been repeatedly beaten with batons, and had a plastic bag filled with petrol tied over his head until he nearly suffocated. He now has difficulty walking.
Chitravel Manivannan was arrested on January 10th 2000 at a lodge in Vavuniya. He had just served a five-year sentence in Kalutara prison, and had travelled to Vavuniya to have the detention order lifted by the court that issued it. He had done this, and was waiting for a pass from the security forces to leave Vavuniya for Colombo when he was arrested. He is being held under a 60-day detention order.
Detention Order on Mannar Government Agent On September 4th 1999 The Government agent of Mannar was issued with a Detention Order (D.O) for seven days under emergency regulations. The detention order can be extended to three weeks at the discretion of the defence authorities under the emergency regulations.
Up to 3,000 men and women from the Tamil community were arrested in
a massive house-to-house search conducted under cover of a curfew in the Sri Lankan
capital Colombo, officials said.
"About 3,000 people had been taken in for questioning during a 12-hour period," a military official here said, adding most of them were being freed after establishing their bona fides. As the men and women were brought to several police stations, anxious parents and relatives were seen gathering outside waiting for their release.
Tamil politicians complained those arrested had been subjected to video filming as well as photography violating an earlier undertaking given by the authorities. "These people are not criminals to be treated like this," said Tamil legislator, R. Yogarajan, complaining against the treatment of the detainees.
With Colombo paralysed by the curfew, anyone unable to explain their presence in the city was detained, police said, as the search targeted areas where Tamils are concentrated. Offices, shops, banks and schools were shut as state radio and television said the curfew was being strictly enforced. Search operations were conducted in the adjoining Dehiwala-Mount Lavinia area which is popular with tourists. (AFP Jan 7th 2000)
2000 Tamils arrested in Colombo On January 22nd 2000 - More than 2000 Tamils were arrested in a massive cordon and search operation in Kolonnawa, a suburb of Colombo, and in Gampaha district. The combined operation by the Sri Lanka Army and Police began in the early hours of the morning after enforcing a ten-hour curfew. A large number of people, the kith and kin of the detained, flocked to different police stations soon after the curfew was relaxed at 2 p.m.
| Month | Number of Arrests |
| July 1999 | 152 |
| August 1999 | 275 |
| September 1999 | 80 |
| October 1999 | 560 |
| November 1999 | 60 |
| December 1999 | 49 |
| January 2000 | 3246 |
| February 2000 | 90 |
| Total | 4512 |
Shanmugam Manogaran (23), a resident of Maamangam, a suburb of Batticaloa town, was arrested by the Sri Lanka Army on June 12th 1996. Three separate cases under the PTA (Prevention of Terrorism Act) were filed against him earlier last year by the Police in the Batticaloa high court. He was detained at the camp of the Batticaloa unit of the Sri Lanka Army military intelligence at Lake Road One and at the office of the Counter Subversive Unit at Pioneer road in Batticaloa town.
Later he was transferred to the Batticaloa jail. A fundamental rights case was filed on behalf of Manogaran in the supreme court that he was tortured during his detention and interrogation. A three-member bench of the supreme court which heard his case, ordered the judicial medical officer of Batticaloa, Dr. S CCandrapalan, to examine Manogaran.
The JMO in his report to the supreme court observed that Manogaran had been tied upside down by his toes and severely assaulted with plastic pipes, blunt weapons and sticks and that his eardrums were affected by internal bleeding due to heavy blows on his ears. Manogaran's hand, according to the JMO, was fractured when he was beaten while trying to remove a bag that had been pulled over his head filled with petrol and chilli fumes.
The supreme court held that the state should pay Manogaran 30000 rupees in damages as well as his legal costs amounting to 5000 rupees.When the cases against Manogaran were taken up for hearing in the Batticaloa high court on July 26th 1999, his attorney Perinpam Premnath argued that he should be acquitted in all the cases in view of the supreme court's verdict.
Antony Krishnaveni (22) who had been tortured in military custody was released on bail on July 30th 1999 by the Batticaloa courts. She had been arrested by paramilitary gunmen from the Razeek group whilst on her way to Batticaloa from her village Kaluvankerni before being handed over to the Sri Lanka Army.
She was charged under the PTA. Her lawyer, Perinpam Premnath, argued that she had been severely tortured and thus requested the judge to order a medical examination of the accused.
The medical report by the district doctor documented the torture and psychological pressure applied. The judge granted bail to the accused and instructed her to remain within the town limits until further notice.
Kalithas Selvam, 49, who was detained under the Prevention of Terrorism Act had been tortured in the police custody said the Judicial Medical Officer while testifying at the Batticaloa High Courts in October 99. Kalithas of Eravur was arrested by the Sri Lankan Army on March 5th 1998. He was later handed over to the Counter Subversive Unit of the Sri Lankan Police. Mr. Premnath, the lawyer who appeared on behalf of the accused said that the police had filed charges against his client on the basis of a confession obtained under duress. He said that his client had been asked to sign a confession written in Sinhala. The lawyer argued that the JMO’s report provides substantial evidence for his claim of torture.
The JMO, in his report submitted at the courts, said Kalithas had been severally beaten, with injuries all over the body. He further stated that a nail had been removed and that there were burn marks caused by cigarette being put out all over his body. According to the JMO, Kalithas had teeth removed from upper jaw and cannot function normally in future due to injuries he had sustained under the torture. The lawyer urged the courts to release his client on bail as he had been detained for more than a year and was in need of medical care. The judge, on the basis of the medical report accepted the bail application and released Kalithas.
October 21st 1999 - The Kalmunai Magistrate returned a verdict of homicide in the death of Sathasivam Sanjeevan, 19, a student of Wesley College in the eastern town. Sanjeevan was shot dead on October 15th 1998, while being held under the detention of Kalmunai police. The court ruled that the student had been tortured and died of gun shot injuries. Sanjeevan was arrested by the Kalmunai Police during a search operation in Paandiruppu on October 13th 1998. The police later handed over his body to the Ampara Hospital.
Following a hospital inquest, the police handed over the body to his parents, and ordered them to bury it immediately. The body of Sanjeevan was exhumed on October 22nd 1998, on orders by the Kalmunai Court, and an autopsy was done by the Judicial Medical Officer for the Batticaloa District. The JMO's report revealed that the student had been tortured and shot dead at close range either by AK-47 or T-56 type riffle.
Three villagers were reported missing in the south-eastern Ampara districts after being arrested by Sinhala home guards on October 8th 1999. Three Tamil villagers - Seenithamby Sathasivam (42), Somanathan Panchchadcharam (51) and S.Velautham (56) of Malayarkaddu were arrested by home guards near Sinnawatte in Konagala when they were on their way to collect milk. Thereafter, whereabouts of the three persons were not known. It is believed that they have been murdered in the Eastern province.
Amnesty International on three disappeared in AmparaiIn a communiqué released by Amnesty International on October 29th 1999, the organisation said that it is concerned for the safety of three men arrested by Sinhalese home guards on October 8th 1999, who have since "disappeared".
Witnesses report that Seenithamby Sathasivam (42), Somanathan Panchchadcharam (51) and S. Velautham (56) were handed over to security forces personnel, possibly the Army, but the Army denies they are in their custody. The arrests took place at Sinnawathai, a Tamil border village in the eastern Battialoa district where the men had been living there with a number of other Tamil families after being displaced from the village of Malayarkaddu following tension between the Sinhalese and Tamil communities in the area.
Amnesty is urging that "an independent and impartial investigation into the missing people’s whereabouts be undertaken, that the findings be made public and those responsible be brought to justice and that, if the missing are in detention, they be promptly charged with a recognisable criminal offence, or immediately released".
In November last year, letters of regret from Ministry of Defence officials were sent to 355 parents and relatives of persons who disappeared in the Jaffna peninsula in 1995 and 1996. These 355 persons are members of an association of relatives and parents of persons missing in Jaffna peninsula. The letters were sent by the Ministry officials to the Human Rights Commission branch in Jaffna. The defence ministry officials have in those letters expressed regret that they were unable to trace relatives or children "disappeared" during the military operation. This standard letter was even sent to the families of the two persons whose skeletons were exhumed and identified in the Chemmani mass graves!
Ministry of Defence
on disappearances in Jaffna
December 2, 1999 - The Ministry of Defence in Sri Lanka said that in the final analysis regarding complaints of disappearances in the Jaffna peninsula, 16 people were ascertained as dead, 201 were found in prisons and there was no evidence at all in respect of 174, even to commence inquiries. A press release issued by the Ministry of Defence said "inquiries in respect of 374 cases commenced with available evidence, but could not proceed due to inadequacy of such evidence" and added that their "relatives have been informed of this position". The Government appointed a Board of Investigations into complaints of disappearances in Jaffna in November 1996. Over 2600 complaints were made to this board.
The statement further said, "after detailed comparison of the names the Board decided that the allegations continued only 765 names." "On examination of lists and information obtained from the Police stations, remand prisons and detention centres and later visits to various prisons, the Board was able to trace 201 persons in custody", the defence ministry statement said. It further said "legal action has been initiated in the case of 14 deaths alleged to have occurred at the hands of security forces". (Human rights activist say that this statement does not have any true information and it was purely produced for the purpose of eye washing the International community)
On December 7th 1999, Amnesty International said that an independent commission was needed to investigate the "disappearance" of hundreds of people arrested by the Sri Lanka Army in Jaffna in 1996, commenting on the Sri Lankan military's own investigations into the matter. "The international community is waiting to see how the government deals with human rights violations, committed under both the previous regime and the present one," Amnesty International's Secretary General Pierre Sane said, in a letter to President Chandrika Kumaratunge, asking her to set up such a commission.
"As a preliminary step, the government should make public the findings of an internal investigation by the Ministry of Defence into "disappearances" in Jaffna in mid-1996," Mr Sane was quoted as saying in a press release. Relatives have been told that the fate of at least two of the "disappeared" is not known, even though their bodies were among those exhumed and identified in June last year at Chemmani in Jaffna, the organisation pointed out.
Amnesty International also urged the Sri Lankan government to seek international expertise in forensic criminal investigation to help bring to justice the killers of those whose remains have recently been exhumed by the authorities. Experts from Amnesty International who were present during the exhumations of the remains of 15 people in September last year in Chemmani, "concluded that a pattern of injuries had emerged, making it easier to identify the perpetrators of these crimes,"
According to the National Human Rights Commission, the fate of about 50 percent of the 147 persons, who were reported missing in the Jaffna District, in 1999, are not known. The bodies of only seven missing persons were recovered. According to the preliminary investigations conducted in this regard, the Sri Lanka Army's involvement was ruled out. There was no information about other missing persons. During the year 1999, the Jaffna branch of the NHRC received complaints of 526 arrests in the district.
The report 'Human Development in South Asia 1999' prepared and released by the United Nations Development Program (UNDP), says that "around fifty five thousand people have died so far in the civil war in Sri Lanka" far more than those killed in political and communal violence in Pakistan (since 1995) and India (1954-94).
"Ethnic and religious minorities are often faced with limited opportunities for economic and political empowerment (In south Asia). More than three thousand people have been killed in politically motivated violence in Karachi since 1995. Between 1954 and 1994, there were approximately fifteen thousand communal riots in India which resulted in 13301 casualties. Around fifty five thousand people have died so far in the civil war in Sri Lanka.
Unless there is a new compact between the citizen and the state, underpinned by humane governance, the majority of people in South Asia will continue to be shut into a downward spiral of deprivation and distress" says the UNDP report. (Various human rights organisations figures shows that the number of people killed in the North-east conflict is more than 65,000)
A family from Piththanai, a hamlet in Velanai, an island off the Jaffna peninsula, had found a skeleton when they were cleaning out their well on July 19, 1999. The skeleton is thought to be that of a woman because a green sari and violet blouse were also found in the well.
In Pandivirichchan
The decapitated body of a female and a body of a male were handed over to the
Mannar hospital on July 31st 1999 by the Sri Lankan Army . The Sri Lanka army claimed that
the bodies were found in the shrub at Chinna Pandivirichchan near Madhu. But accusation is
being pointed at the Army by the villagers. Mannar hospital sources said that the dead
persons appeared to be around 25 years old and that they had been shot and knifed. The two
appeared to have been killed on July 29th 1999. According to the hospital sources the
female had been raped.
A human skull was found by diggers in the village of Munai on the coast of Pt.Pedro in Jaffna on August 10th 1999. According to the residents there was a Sri Lanka army camp at the spot where the skull was discovered. They said that Anthony Vincent Mariyanayagam was digging a well in his compound when the skull was found at the depth of about ten feet. The digging was stopped as a consequence. Neighbours said that Mariyanayagam has not reported the matter to the authorities out of fear but has left the skull at the local cemetery.
In Cheddikulam
Villagers of Katkadanthakulam in the Cheddikulam about 25 km. north west of Vavuniya found two human skeletons in the jungle on October 1st 1999. The skeletons are believed to be of S.Suthagar (22) and S.Gopikumarahaath (34), who went missing after they went hunting on 15 February last year, the villagers informed the local authorities. Sources said the villagers have found the axes and knives which they took with them.
In Suruvil
October 6th 1999 - A skeleton was found in a well in Suruvil in Jaffna district when a family who were cleaning out a well. The skeleton is being kept at the Kayts Police.
In Point PedroOctober 16th 1999 - The body of a young man, with hands and legs tied, was found in a well belonging to Puttralai Sithivinayagar Temple, in Pt.Pedro on the Jaffna peninsula. The body was identified as that of Kanapathipillai Pathmanathan, 27, of Puloli. The man had been beaten and there were injuries on his head. The man was seen at the temple, talking to two of his friends, according to witnesses. His relatives went in search of him, as he had not returned home. Local residents found the body in the well, and his bicycle and identity card near the well.
In KopayOn November 24th 1999, two human skulls were recovered from a pit in a compound behind the Kopay Christian College in Jaffna. The two skulls were recovered when the owner was digging a pit to plant a coconut seedling. The Sri Lanka Army has a camp at this college compound. The environs of the college are now declared as mined areas.
In PallimunaiOn December 8th 1999 - The body of Christy Jesuthsan, 25, was found washed ashore at Pallimunai, a suburb of Mannar town. He had been arrested by the Counter Subversive Unit of the Police and later released by the Mannar Magistrate on October 14th. An inquest was held by Additional Magistrate for Mannar district. Jesuthsan's relatives testifying at the inquest said the youth had gone fishing three days previously and had not returned since. It was revealed at the inquest that the youth had suffered several blows to the head.
In KuppilanJanuary 12th 2000 - Two human skeletons have been recovered from the compound of Vigneswara Vidyalayam - school in Kuppilan in the Jaffna District. A skeleton was found by students who were clearing the school compound. Police said the skeleton was about five years old and of a male.
On 29 July 99 - Mr. Neelan Thiruchelvam was killed in bomb blast while he was on his way to his office at Kynsey road in Colombo. The driver, the body guards an inspector and four policemen who were also travelling with Mr. Thiruchelvam were injured. The blast was caused by a person who was seated on the back seat of a motorbike that came from Ward Place road. Mr. Thiruchlevam became a member of parliament in 1994 when he was nominated from the TULF's national list.
Amnesty condemns Thiruchelvam killing
Amnesty International, strongly condemned the assassination of Neelan Thiruchelvam on July 29th 1999 in the Sri Lankan capital Colombo, and paid tribute to him as "a politician who contributed greatly to his country".
In a statement issued by, Amnesty International said Thiruchelvam, a member of Tamil United Liberation Front (TULF) part of Sri Lanka's ruling coalition, was killed on his way to work at the International Centre for Ethnic Studies. "The nature of the attack suggests it could be linked with the Liberation Tigers of Tamil Eelam (LTTE), in which case it constitutes a clear breach of international humanitarian standards," said Amnesty.
December 19, 1999 - A bomb blast at an election meeting of Sri Lanka's ruling People's Alliance killed ten people and wounded several others, including the President and three cabinet ministers. A statement issued from the Presidential Secretariat said that President Kumaratunga is safe and that Sri Lankan President Chandrika Kumaratunga was wounded in the blast at Town hall grounds in Colombo. The statement said 104 people were wounded and admitted to the National hospital in Colombo.
On September 15 1999 - More than twenty two civilians, including school children and women were killed and more than forty seriously wounded when two Kfir jets of the Sri Lanka Air Force bombed a crowded public place in Puthukkudiyiruppu in Mullaithivu. The Puthukkudiyiruppu market and a many houses and buildings nearby were destroyed in the Sri Lanka Air Force bombing.
ICRC confirms Puthukkudiyiruppu massacreA spokesman for the International Committee of the Red Cross (ICRC) said that sixteen civilians were killed on the spot and six who were seriously wounded died in the hospital when Sri Lanka Air Force jets bombed a busy market place in Puthukkudiyiruppu. "It is with deep regret and concern that we confirm the death of 21 civilians consequent to the air strike in Puthukkudiyiruppu. We deplore the fact that the air strike was in a civilian area." The sub-delegation of the ICRC in Puthukkudiyiruppu is less than two kilometres from the market place which was bombed.
Amnesty expressed concern over bombing in PuthukkudiyiruppuSeptember 17, 1999 - Amnesty International said that the explanation proffered by the Sri Lanka Air Force for the bombing of the Puthukkudiyiruppu market "does not absolve it from its responsibility under international humanitarian law to take all possible precautions to avoid harming civilians" Amnesty, in a statement expressing concern over the bombing, said a Sri Lankan military spokesperson had denied the raid, which killed at least 21 refugees in a crowded market place, had been a deliberate attack on civilians.
Amnesty said that the reported high number of civilian casualties and the significant distance between the intended objective of the air strike and the actual place where the civilians were killed, raise serious doubts about the quality of the intelligence used before the bombing raid. It also raises questions as to whether the alleged military value of this attack was proportionate to the risk it posed to civilians, said Amnesty. Amnesty International has written to President Chandrika Bandaranaike Kumaratunga expressing concern as to whether this may have been an unlawful attack.
More than 56 villagers were killed by gunmen who attacked three border villages in the Ampara district in south-eastern Sri Lanka on September 18, 1999. Houses were also set on fire by the attackers. The gunmen had killed civilians in the villages of Borapola in Uhana, Bedi Rekka in Mahara Oya and Sinnawatta near the Batticaloa district. The Police said the Liberation Tigers had carried out these attacks in retaliation to the Sri Lanka Air Force bombing of a crowded market place in Puthukuddiyrupu in Mullaitivu district.
Sinhala Veera Vithane
contributed to inflaming communal tensions -
Bishop
The anti-Tamil and Muslim propaganda conducted by the Sinhala Veera Vithane, a Sinhala extremist organisation in the Ampara district could have contributed to inflaming communal tensions ahead of the massacre of civilians in the border villages, the Bishop of Trincomalee and Batticaloa, Rt. Rev. Kingsley Swampillai said
