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Tamil civilian victims in Mullivaikal, 2009 Sri Lanka.

Tamil civilian victims in Mullivaikal, 2009 Sri Lanka.

In Geneva the UNHRC discussed a very funny joke: the Sri Lankan government doesn’t want to listen to its own recommendations.

Of course the tragedy of the Tamil people is not about that. The UN ( even the UN!) realized that something of heinous magnitude happened in Sri Lanka. In their report, it is alleged that 40 000 civilians died. And these are the conservative figures of the UN.

The government agent for Mullaitivu Imelda Sukumar testified for the LLRC that the population under her control in January 2009 was 360 000.

When the Tamil civilians started to reach the Sri Lankan army after the defeat of the LTTE in May, the official figures were 280 000.

Even a UN official can realize that there are 80 000 missing. If you visit and talk to the survivors, they will tell you of a carnage.

The Sri Lankan government chased like wild beast almost half of a million of Tamil civilians. The Sri Lankan government exploded the full blast of its fire power against those civilians, starving them of food and medicine. This to me is something we should discuss in Geneva.

tamil slaughter

Tamil civilians killed in Nandikadal Lagoon

When in May 2009 the Tamils in the Nandikadal Lagoon and opened fire, what they were expecting? It is a fact that in that area there were more than 300 000, so many come out. When you are bombing with heavy shelling a strip of beach with that multitude of children, elderly and women, the casualties cannot be but enormous.

The Western countries have no interest in dealing with this serious subject because they have a biggest concern in other issues. India needs to exercise its sphere of influence on Sri Lanka, including the economic exploitation of its position and side. The oil exploration in the Mannar Basin is benefitting Indian companies, which are listed in London, so the UK is mild against real pressure on Colombo. Besides, London sells weapon to Sri Lanka and has no intention of losing a client. Similarly France is just entering the oil scene in Sri Lanka and had already paid its fee (allowing the murder in Paris of LTTE leader Parithi). But also the Tamil leadership has some responsibility: they keep on hanging accountability and justice to the causes of Eelam. They don’t really ask for justice, unless is coming with independence. And of course nobody at present has the minimal intention to give them a new state. So it is really nobody’s intention to discuss what really happened in Sri Lanka.

Let’s talk instead of LLRC and its implementation; this is really a topic, which will bring no harm to anybody. You have a case of genocide and in Geneva your discussion is about LLRC. Sad.

tamil massacre

Tamil civilians were massacred by the Sri Lankan attacks

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Protests in Tamil Nadu continue over Sri Lankan Tamils issue.

Recent history showed that it is very difficult to try bloody leaders when they lose the war: Saddam Hussein was sentenced to death, Milosevic was tried, but died before the verdict, Gaddafi killed in a summary execution. Only Charles Taylor has been convicted and for crimes committed in Sierra Leone, not his own (Liberia). Bashir in Sudan could be the next one, but with strong opposition from the Arab countries. As you can see, it is almost impossible to put on trial state leaders. And these had lost the war, they were on the wrong side. Croatian leaders with very similar responsibilities of Milosevic haven’t been even mentioned; Kosovar gangs of criminals have been rewarded with independence. It goes without saying that misconduct, abuses and tortures committed in Iraq and Afghanistan are out of the agenda.

Sri Lanka Rupavahini Corporation

360 000 Tamil civilians have been chased, bombarded and starved out.
Photo: Sri Lanka Rupavahini Corporation

So the idea of starting such a process in Sri Lanka is remote, very remote. Further on it is very clear that the chain of command points straight to the top: President Rajapaksa and his brother Gotabaya.

More than 80 000 Tamils have been massacred; the army targeted civilians on such a scale, that mass graves are visible from the satellite[1].  And the government was talking of a “zero civilians casualties policy”. You wouldn’t expect from the Rajapaksa administration an outspoken confession; but from US and Europe a more resolute stance to bring justice and accountability.

Rajapaksa won the war and is winning also the post-conflict. I’m convinced that war crimes have been committed: only independent investigations could verify this claim. Given the procedures currently on-going in Geneva, we have almost the certainty that a war crimes case against Sri Lanka will never take place.

 

mullivaikal massacre 2

More than 80 000 Tamil civilians are missing from the last assault in the Nandikadal lagoon, where the people have been bombarded by heavy artillery.

 

 

 

“Nemo tenetur se ipsum accusare”

There is a juridical principle that is described by the Latin form: “nemo se tenetur detergere (/se ipsum accusare”. The English equivalent is the right to silence. It is a norm dealing with the statements of a person under accusation: nobody expects that you surrender yourself. On the contrary it is always quite suspicious when someone gives himself to the police. You have two cases of self accusation: authentic confessions and mythomania. The latter is when you are seeking attention, inventing your culpability. Only the former is a true, self accusation. It happens when someone did commit a crime, but was under strong psychological stress and after realizing what happened, he regains full control of himself and assesses correctly his position as guilty. On all the other cases, you expect that someone tends to save himself. No judge is really looking for a confession: that’s why even torture was banned. The perpetrator of a crime is not a reliable source, hence you need to build around a system of evidence that will prove his culpability, without his direct admission.

18th Century English Judge Overwhelmed by Criminal Defendants

The English form states the condition of silence: if you are asked directly, you can stay mute, to prevent a formal self-accusation. But I’m intrigued by the Latin expression. “Detergere” means to clean. Therefore the expression has a broader application. The English form implicitly recognizes that the right to stay silent; but if he speaks, he should tell the truth.

The Latin one, instead, alludes to the fact that the accused is not a (complete) reliable source in anything that he says. Because it is a even too natural temptation to save yourself. Even subconsciously! The facts you decide to mention, in opposition to what you ignore, the words you use, the connection you’ll make, everything could be part of a strategy where you are in conflict of interest to reach the truth. You don’t to unmask the facts, you don’t want the clean, real version. You prefer facts as they benefit you. You can expect the accused one to bring the truth, the clean version of what happened.

Mullivaikal Massacre, 2009 Sri Lanka

Now, in Sri Lanka more than 40 000 people have been brutally massacred outside any possible legal framework. In the United Nations, in the USA, in the Europe, everybody recognizes that those people have been killed outside the justification of a war, because they were civilians. There is a responsibility attached to those deaths. In other words we have a crime.

If we have a crime, then someone is responsible for that. It’s not politics, it’s not diplomacy, it’s not Tamil nationalism: it’s logic!

It is pretty clear that the chain of command during the events of the IV Eelam War, must be seen as it follows: the military chief was general Fonseka, his immediate boss was Gotabaya Rajapaksa and ultimately he was responding to the presindent himself, Mahinda Rajapaksa. Either the chain of command has been respected or it was mutiny. The brothers Rajapaksa never complained, so they explicitly endorsed the operations of Fonseka. My conclusion is that the chain of command goes directly to president Rajapaksa. I’m not controversial: everybody thinks the same, the US ambassador, just to mention one. Quoting The Guardian, WikiLeaks cables: ‘Sri Lankan president responsible for massacre of Tamils’, 1st December 2010:

President Rajapaksa and General Fonseka

in a cable sent on the 15 january this year [2010]2 the US ambassador in Colombo, Patricia Butenis, said one of the reasons there was such little progress towards a genuine Sri Lankan inquiry into the killings was that the president and the former army commander, Sarath Fonseka, were largely responsible. “There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power,” Butenis noted.

I’m sorry if I’m stating the obvious, but when we are discussing the LLRC, the Lesson Learnt and Reconciliation Commission, appointed by the government, to me it is even too clear that as long as Mr Rajapaksa will be in office, there is not a single chance that he will accuse himself. Never ask an accused man whether he is guilty: it’s human nature to appoint a commission that will dodge facts indefinitely. The international community asked to implement at least what your commission recommended. And we needed a UN resolution for that. And now slowly, and with a welcome by the US (and India, I suppose), finally Rajapaksa will comply with his own version. Latin people would say that it is not the clean one.

On Augutst the 4th or the 5th 2006, 17 aid workers were killed in Muttur, a town close to Trincomalee. At first the Sri Lankan army denied any involvement. But the Sri Lanka Monitoring Mission, an independent international agency with the mission of controlling the ceasefire. This body war formed after the Peace Talks and its members were primarily from Norway, Sweden, Finland and Iceland, difficult to image more neutral observers.

The Head of the Mission, Swedish Major Ulf Hericsson described the incident one of the most serious recent crimes against humanitarian aid workers worldwide”(source: Huggler, Justin (2006-08-31).” Europe accusses Sri Lankan army of assassinating aid workers”, The Independent, UK London) and clearly suspected of governmental forces. The Organisation >u>“University Teachers for Human Rights”, that distanced and criticized both the LTTE and the Sri Lankan government for atrocities, released a report about the massacre. I strongly invite everybody to read it, because it is a vivid testimony of the struggle to bring justice in Sri Lanka and it is as well a good work of investigative reportage. The government maintained that the killing happened early in the morning, when the perpetrators should have been the LTTE. Patiently putting all the pieces together, the report is convinced that the massacre was committed later, in the evening of the 4th or in the morning of the 5th, when governmental forces were in control of the area.

Here I’ll quote the result of their investigation:

“On 4th August 2006 17 aid workers were extrajudicially executed in their Action Contre la Faim (ACF) compound in Mutur town. Through blatant cover up by the Sri Lankan authorities, their experts, Attorney General and diplomats overseas the facts of killings have been suppressed along with any potential association between this massacre and the killing of five students on the Trincomalee foreshore on 2nd January 2006.

Muttur Massacre.
From the Sri Lankan Guardian

With the support of individuals equally interested in bringing out the truth and finding justice we have uncovered information that reveals that the 17 aid workers were killed by at least one member of the Muslim Home Guard (Jehangir) and two police constables (Susantha and Nilantha) in the presence of the Sri Lankan Naval Special Forces. Four different types of guns were used. Evidence suggests that the killers had prior approval from ASP (Sarath Mulleriyawa) and OIC (Chandana Senayake) for their vile enterprise. But it is highly unlikely that the ASP and OIC would have taken a reckless approach or that they had any particular reason to want the aid workers killed and they had earlier received orders from Trincomalee to ensure the safety of the aid workers. We believe they may have received an instruction from their superiors in Trincomalee (namely the DIG Rohan Abeywardene and SSP Kapila Jayasekere) that the aid workers should be killed. The commandos must have been informed by their superior to let the killings take place and may be directly responsible for firing the bullets that killed at least one of the aid workers.”

The course of justice has been impeded many times, with disappearance of evidence, perjury down all along the hierarchy of the Attorney General’s Department, the Police, with the government promoting people involved instead of punishing them.

In September 2006 President Rajapaksa launched a commission to investigate the case, remember one the most “serious recent crimes against humanitarian aid workers worldwide”. The Sri Lankan government stated that they don’t need foreigners expertise to carry on this inquiry. They rhetoric of:

”We have our Supreme Court, our judges, our own Police Force, Attorney General, forensic pathologists and ballistic experts. We don’t need foreign help in investigations that are progressing well’.”(from the UTHR report)

This is really a lesson to be learnt and is that the commissions for reconciliation are dead tracks. The killing of 17 aid workers don’t have a responsible: Do you think that the massacre of 40 000 will?

In some part of the North, the soil is actually red. You could mistake it for a Martian ground. But the real sense of estrangement comes from politics.

The history of Sri Lanka and the surrounding region, is a complex one. Major interests orbit in the Indian Ocean; China and India are testing each other; India is still a work in progress as a conglomerate of ethnicities, powers, traditions. The elimination of the LTTE was a move that found too many, too powerful supporters. But the problem resides in the way it has been achieved: a military conquest with a barbaric massacre of civilian population and. We have two clear issues in the aftermath of the IV Eelam War.

The first is that war crimes have been committed. Atrocities were common during the civil war, many done by the LTTE as well. This is by no means an excuse to condone what happened in the Vanni in 2009. The Mullivaikal shores are the emblem of such carnage.

President Rajapaksa unveiled a monument in Pudumathalan, not far from the shores of Mullivaikail, where the last massacres took place.
Courtesy to Sudath Silva

The second is that the military operation was conducted against the LTTE, but the Tamil aspirations haven’t been addressed. Actually it looks like that the ‘Sinhalese State conquered the North’ and its  aim was to subjugate any form of alternative to the majoritarian culture.

Anybody who is dealing with the situation in Sri Lanka knows very well that the army is an oppressive presence; that Tamils are struggling to have the same rights of the Sinhalese, not more, as in the case of the provincial councils . The government wanted to punish the Tamils to reassert a dominion, not be questioned anymore.

Then it comes the circus of media mainstream. On July the 26th, the government issued a plan to implement the recommendations of the LLRC, the Lessons Learnt and Reconciliation Commission. It is a government appointed commission that should inquiry about any measure to be taken to prevent the occurrence of another conflict. In other words it’s a judgement about what happened and what should be done to prevent another ethnic conflict. The reason for the conflict are quite simple: the Tamil minority has been oppressed and cornered to such an extent that its reaction went out of control, in the form of the armed struggle of the LTTE. The IV Eelam War saw the total annihilation of the LTTE and also the complete subjugation of the Tamil civilian population. President Rajapaksa is the architecture of this final, extreme solution. So you shouldn’t expect that a commission appointed by him could achieve too much.

President Mahinda Rajapaksa
courtesy Commonwealth Secretariat

But the farce it has only begun. We are discussing the reasons of the conflict on the merit of an inquiry promoted by the very perpetrator of the final massacre. But now the subject is precisely this: we are discussing the LLRC. And supreme irony, the government struggles to implement even the farce it has established.

The commission has no power of investigating correctly what happened and even less the will to go to the roots of the discrimination and the oppression. But just talking about that, just mentioning the facts is too embarrassing for the government. And it should be. Only in Sri Lanka you can really debate about those facts: they did happen, everybody knows (everybody, including the USA, Europe and the UN), and yet we are arguing about the LLRC.

Buddhist monks, supporters of the government, march towards the U.S. Embassy, to urge the United States to withdraw its support for a proposed U.N. Human Rights Council resolution on alleged abuses during the country’s civil war, in Colombo, Sri Lanka, Wednesday, March 14, 2012.

In March 2012, the UN commission for the human rights approved a resolution ‘against’ Sri Lanka. Much of the Tamil community was ecstatic for this victory, especially because India sided against Colombo. The crude reality of facts is that New Delhi fooled the Tamils, because the vote was powerless. You can celebrate the mere happening of such a friction between Sri Lanka and India, yet if you are waiting for concrete intervention, don’t hold your breath. But the votation actually stated that Sri Lanka should at least implement its own recommendations.

On the 26th of July president Rajapaksa decided to issue the new action line for the implementation of the LLRC, dismissing that it did because of international pressure, you don’t know if it’s time to smile or to cry.

It seems really a parody to discuss the Tamil issue and the situation in the Northern Provinces on the bases of the LLRC. Let’s start with demilitarization. Civilian officers are replacing military ones. “95%”, or so they say. And we are discussing these figures? If you ask the people in the Northern Provinces, they’ll tell you a different story. You need to ask the permission of a army commander to do everything.They are militarizing the mind. Between 60% and 75% of the Sri Lankan army is stationed in the North.

Constant abuse, from intimidation to rapes are normal stories in the day to day life of the Tamil. Most recently, the problem of land grabbing from the army. It is a growing phenomenon that attract some attention. The army is confiscating land from the Tamils. These are just few examples, but the message is that the government has no intention to take seriously the Tamil issue. You don’t need to be an extremist to see that this is simply preparing the ground for a growing tension. Far from reconciliation and unity, it’s just another chapter in the oppression of the Tamils. The LTTE took a wrong path, but you can easily see why it all started. Yet, the LLRC is telling you another story. And bear in mind, they can’t even implement that.

courtesy Daily FT