tlap newsletter november-december 2009

8/14/2019 TLAP Newsletter November-December 2009

1/8

Em owerin Communities for Justice E ualit and Human Ri hts

Month: November/December2009 Volume 1, Issue 3

TLAP New s le t t e r

Special InterestArticles:

Authenticity of

Evidences.

New Sri Lanka

War Crime

Revelations.

Continuing

Human Rights

violations.

Refugees

plight.

Highlights:

IDP Camps 2

Voices for HR 3

Refugee plights 4

War Crimes 5

Injustice 6

Genocide 7

Editorial 7

About TLAP 8

Tamil Legal Advocacy Project

Video footage that

appears to show SriLankan troops committingwar crimes by summarilyexecuting captured TamilTiger Fighters on thebattlefield was notfabricated, as claimed bythe Sri LankanGovernment, aninvestigation by TheTimes has found.The video of the allegedbattlefield executions,

EU to suspend the GSP+ Trade

concessions to Sri LankaFollowing the adoption ofa Commission proposalon Sri Lanka and GSP+treatment, ChristianeHohmann, European

CommissionSpokesperson for Tradesaid: "The Commissioncompleted a thoroughinvestigation into thehuman rights situation inSri Lanka and in particularwhether Sri Lanka is livingup to the commitments itmade to respectinternational human rightsstandards when it becamea beneficiary of the

Sri Lanka Execution Video Clips

which was aired on

Channel 4 in August,shows a naked man,bound and blindfolded,being made to kneel.An analysis for The Timesby Grant Fredericks, anindependent forensicvideo specialist who isalso an instructor at theFBI National Academy,suggestsotherwise. Hefound no evidence ofdigital manipulation,

editing or any other

special effects. However,subtle details consistentwith a real shooting, suchas a discharge of gas fromthe barrel of the weaponused, were visible.This level of subtle detailcannot be virtuallyreproduced. This is clearlyan original recording, saidMr Fredericks, who waspreviously the head of theVancouver police forensic

video unit in Canada.

European Union's GSP+trade incentive schemewhich provides foradditional trade benefits.

Sri Lankan war crimes video is authentic - Times

investigation finds

Source: Times OnlineFor Full Report: http://www.timesonline.co.uk/tol/news/world/asia/article6956569.ece

The report came to the

conclusion that thereare significantshortcomings in thisarea and that Sri Lankais in breach of its GSP+commitments.After consulting withMember States, theCommission has adoptedtoday a proposal with aview to temporarilysuspending theseadditional trade benefits.

EU Member States willhave two months in whichto decide on it."GSP+ relies onbeneficiary countries'

continuing to respect thesubstantive eligibilitycriteria for the scheme. Inlight of the findings of theinvestigation adopted bythe Commission on 19October 2009, theCommission hasproposed a temporarywithdrawal of some or allof Sri Lanka's benefitsunder GSP+ to EUMember States in the

Council.Source: European CommissionFor Full Report: http://trade.ec.europa.eu/doclib/docs/2009/december/tradoc_145604.pdf


2/8

TLAP New s le t t er Page 2 of 8

Tamils feel like

inmates in their own

country. The irony isthat the root causes of

this conflict are being

ignored yet again

Mano Ganeshan, MP

Nearly 150,000 refugeesfrom Sri Lanka's civil warremain detained in SriLankan governmentinternment camps,according to the UN'schief humanitarian affairsofficial, John Holmes.Holmes expressedconcern over the quality ofthe Sri Lankangovernment's recent

Humanitarian catastrophe Continues

actions on the camps. TheSri Lankan governmenthad previously promisedto release all of itsinternally displaced people(IDPs) from the campswithin a 180-day windowafter the end of the war inMay, but missed itsdeadline earlier thismonth."What we need to keep

focusing on isaccountability forviolations for internationalhuman rights law for bothsides during the conflict,"Holmes advised. "We'realso very keen toencourage the process ofpolitical reconciliation,which is fundamental tomake sure the opportunityposed by the end of thewar is not missed."

Thousands of people havestarted leaving refugeecamps in northern SriLanka, six months afterthe civil war with the Tamilrebels ended, but remainstranded without anymeans of getting home,aid workers in the areasaid. One of the concerns

is the lack of assistancefor those who have beenreleased so far, AmnestyInternational said in astatementA church group hasreported that people havebeen bussed from ManikFarm camp and simplydumped, left on the road

at Adampan in Mannar (atown on the north-westerncoast), AmnestyInternational said.The human rights groupcalled on the Sri Lankangovernment topermanently releasecivilians whom they saidhave been illegallydetained in cam s.

U.N.: 150,000 still in Sri Lankan camps

Tamil IDPs were dumped on the road and remain stranded

Source: CNN

Source: CNNFor Full Report: http://edition.cnn.com/2009/WORLD/asiapcf/11/24/un.srilanka/

Source: Gulf Times

For Full Report: http://www.gulf-times.com/site/topics/article.asp?cu_no=2&item_no=329593&version=1&template_id=44&parent_id=24

The Sri Lankan governmenthas failed to makeadequate welfare provisionfor the 136,000 Tamilcivilians it plans to releasefrom internment camps,rights activists andopposition parties said.

Many observers warned thegovernment that it mustorganise a structuredresettlement programme."We are insisting that theInternational Committee ofthe Red Cross or theUNHCR should be presentwhen people are resettled,"

said Nimalka Fernando,spokeswoman for theDemocratic People'sMovement. She said thegovernment's plan to"haphazardly" send thecivilians back to theirvillages was "seriouslyflawed".

'Sri Lanka failed to provide a resettlement plan for IDPs

Source: Reuters

A large international NGOworking in Sri Lanka wastold by Basil Rajapaksa todeal only with thegovernment, and to stopcomplaining to the UN.Inner City Press askedHolmes about this, and hesaid he is "not sure that is

a hugely important point."But to some, agovernment telling NGOsnot to complain to the UNis not a small thing.It was the UN's quiet pullout from Kilinochchi thatpresaged the killing ofcivilians that would occur.

So for the UN to be lessthan concerned with thegovernment tries to cutoff the flow ofinformation to theoutside world is not agood sign.

NGOs Told Not to Complain to UN by Presidents Brother

Source: AFP

For Full Report:http://news.yahoo.com/s/afp/20091122/wl_afp/srilankaunrestrightsrefugee_20091122153834

Source: Sunday Times

Source: InnercitypressFor Full Report:http://www.innercitypress.com/lanka1sri1elections112309.html


3/8

TLAP News le t ter Page 3 of 8

Sri Lanka Violation of International Laws Continues

The Elders call to protect rights of Tamil Civilians

Archbishop DesmondTutu, signed the letter onbehalf of his fellow Elders,Martti Ahtisaari, KofiAnnan, Ela Bhatt, LakhdarBrahimi, Gro Brundtland,Fernando HenriqueCardoso, Jimmy Carter,Graa Machel and MaryRobinson.

The Elders a group ofeminent global leadersbrought together byNelson Mandela havemade a direct appeal tothe President of Sri Lankato protect the rights ofcivilians displaced. Theyhave written to PresidentRajapaksa to say that theyare deeply worried aboutthe humanitarian situationfaced by the largely Tamilcivilian population who fled

fighting in the north of thecountry, and warn that thiscould squander hopes fornational reconciliation.

The Elders say thecontinued confinement is aclear violation ofinternational law and thatthese people are beingdenied basic human rights,including the right to libertyand freedom of movement.

The Elders also relayed

their serious concernsabout the way in which theSri Lankan government isattempting to meet itsresettlement objectives.They are particularlyconcerned that theinternational NGOs havehad too limited a role inmonitoring the movementof people, and have nothad access to all the areaswhere people have beenreturned. Equally worrying

are reports that some ofthose released have beenplaced in new, closedcamps in their district oforigin by local authorities.

Chair of The Elders,

The most worrying

part of the transit

camps is that nobody

is allowed to even

meet them inside, not

even religious leaders

or desperate relatives-

Consortium of

Humanitarian

Anger over Tamil Detainees' Fateones and are being heldagainst their will. Others

have been released, onlyto be taken from theirhomes days later with noindication of where theyhave gone.

U.S. official, who spoke onthe condition of anonymity,said that they have so farbeen unable to trackwhere exactly IDPs aregoing. He said they arehoping to see evidence

soon that they have

actually been resettled.Facing pressure from theObama administration and

the European Union, theSri Lankan governmentlast month launched acampaign to resettle tensof thousands of theminority Tamil detainees.But interviews in thecountry's war-ravagednorth reveal that manycivilians have merely beenshuffled from the largecamps to smaller transit

"One of the majorproblems with the campsis that the government isnot telling people when orwhy they are arrestingrelatives," said GordonWeiss, a spokesman forthe United Nations in SriLanka. "In a country with along history ofdisappearances, justsnatching people createsan incredible atmosphere

of fear

Source: The EldersFor Full Report: http://theelders.org/media/mediareleases/elders-call-sri-lankan-government-protect-rights-civilians-displaced-conflict-do

Source: Amnesty InternationalFor Full Report: http://www.amnesty.org/en/news-and-updates/news/sri-lankan-army-clashes-detainees-20090924

Media and ICRC ban continues on war refugeesSRI Lanka has maintainedits ban on journalistsreporting the plight of war-displaced civilians whohave been allowed out oftheir internment camps.Restrictions on visits to the

northern district ofVavuniya where thegovernment maintains itscamp complex remained inplace despite them beingdeclared open. The fewvisits that have been

allowed have been under

strict military supervision.The InternationalCommittee of the RedCross said they had alsobeen denied access to thecamps and there had beenno relaxation of the

restrictions.

Source: Washington Post

Source: AFPFor Full Report: http://www.news.com.au/adelaidenow/story/0,22606,26443362-5005962,00.html


4/8


Tamil Refugees Fleeing from Sri Lanka risking their lives

There are people in

the camps right now

being murdered even

today as we speak.

This is why most of

these people here

have fled from

genocide in Sri

Lanka Tamil

Refugees as per ABC

News

Help us and save our

lives, we are your

children - Nine Year

Old Asylum Seeker to

the Australian Prime

Minister

We are refugees and wewant to get away from

genocide, spokes persontold media. There arewomen and children onboard here. And we arenot animals, we arepeople, but we are beingtreated inhumanely. -Tamil refugees escapedfrom Sri Lankan genocidetold the media. Tamils arevictims of war crimes inSri Lanka. Journalists forDemocracy in Sri Lanka

have released reports of

widespread abductionsand executions at the

behest of Sri Lankanofficials.When people are fleeingwar and genocide, howcan a country thinkprotecting themselves ismore important thanhelping these people?they further told. Theworld is for all ofhumankind, we are justlike you except we do nothave a country.

These refugees escaped,risked everything, got out

by boat, spent one monthhiding in a Malaysian

jungle and then made itclose enough to Australianwaters to prompt the PMhimself to intervene andturn them away.

Tamils flee Sri Lanka Fearing Genocide

Asylum seekers arentirrational risk-takers whoput their childrens lives injeopardy for fun. Thosefleeing torture, war andpersecution long for asafe, quiet place to callhome more than anything

else.

Source: ABC

Source: GreenleftFor Full Report: http://www.greenleft.org.au/2009/814/41882

End Sri Lanka's genocide behavior to end flow of Asylum seekers

A Sri Lanka apologistlabelled asylum seekers inboats off the Canadianand Australian shores asSri Lanka's unwantedexports. The objective of

SL and its apologists isshift the focus of debateinternationally away fromwar crimes and sanctionsfor SL's genocide to thefate of a few asylumseekers (78 and 208)forgetting that the asylumseekers is the creation of

the brutal genocide in SriLanka.Human sufferings asidehost countries becomeparties to Sri Lankas planto unfairly export the

unwanted Tamils still inSri Lanka provided thereare takers.The host countries actingjointly have only to endSLs genocide behaviorwith measures outside theUNHRC especially after

the UNHRC mechanismwas paralysed intoinaction by the numericallylarger number of humanrights abuser members.The US and EU stepping

in and providing theleadership to deliver onwhat the failed UNHRC todeliver is the prayer ofevery Tamil worldwide.

Source: ABCSource: GroundreportFor Full Report: http://www.groundreport.com/World/End-Sri-Lankas-genocide-behavior-to-end-flow-of-As_9/2911658

The UNHCR hasconfirmed that some ofthe 78 Sri Lankans onboard the Oceanic Vikinghad already been grantedrefugee status, and othershad lodged applicationswith the UN in Indonesia.But receiving refugeestatus is only the first stepand is often followed by along wait for resettlement,

says Pamela Curr,spokeswoman for theAsylum Seeker ResourceCentre.The case of the OceanicViking thrust the issue ofasylum seekers arrivingon boats back ontoAustralia's politicalagenda. The deal to getthe asylum seekers toleave the ship was a face-

saver for the Australiangovernment, but theopposition's immigrationspokesman, ScottMorrison, says theagreement appears tohave provided a short cutto resettlement inAustralia. The only way -sure way - that people canget to a safe country.

UN grants asylum seekers refugee status

Source: Radio AustraliaFor Full Report: http://www.radioaustralia.net.au/asiapac/stories/200912/s2773882.h


5/8


More Revelations of War Crimes and calls for Inquiry

Sri Lankan government killed surrendering Tamil Tigers, says general

Tigers political wing,Seevaratnam Puleedevan,

head of the group's peacesecretariat, and a Tigerleader known as Rameshhad been assured throughintermediaries by BasilRajapaksa and GothabayaRajapaksa, brothers of thepresident, that they wouldbe given safe conduct.

According to subsequentaccounts, the men wereadvised: "Get a piece of

white cloth, put up yourhands and walk towardsthe other side in a non-threatening manner."

"It [the surrender method]was their idea," Fonsekatold the newspaper,

referring to Basil andGothabaya Rajapaksa.

When the three menapproached governmentlines some time aftermidnight on 17 May theywalked into a trap,Fonseka suggested.Troops opened fire withmachine guns, killing allthree and a number offamily members.

A Tamil eyewitness

account said Nadesan'swife, a Sinhalese, called inSinhali to the soldiers: "Heis trying to surrender andyou are shooting him." Shealso died in the hail ofbullets.

Sacked commanderrunning for president,

General Sarath Fonsekatold sunday leadernewspaper that he learnedthat Basil [Rajapaska, asenior presidential adviser]had conveyed thisinformation to the defencesecretary, GothabayaRajapaksa, who in turnspoke with BrigadierShavendra Silva,commander of the army's

58th division, giving ordersnot to accommodate any[Tiger] leaders attemptingsurrender and that theymust all be killed. Fonsekasaid BalasinghamNadesan, head of the

SRI LANKA

WAR

CRIMES

REVEALED

Politically ordered

massacre of people

who wanted to

surrender or

surrendered" hadtaken place - UTHR

Source: Guardian

UN Calls for Gaza Style War Crimes Investigation in Sri Lanka

The Office of the HighCommissioner for HumanRights is calling for anindependent, internationalinvestigation of possiblewar crimes committedduring the last few monthsof the war in Sri Lanka.The UN agency says thereshould be a full inquiry intowhat did or did not happen

during the final stages of

the country's long-lastingcivil war.UN Human RightsSpokesman RupertColville says somethinglike the Gaza Fact-FindingMission is warranted,given the wide spreadconcerns about theconduct of the war

between the government

and Tamil Tiger rebels."It seems that more clarityis likely to emerge aboutwho did what to whom andwhether or not war crimes,crimes against humanityand other very serioushuman rights abuses werecommitted by one or bothsides," say Colville.

For Full Report: http://www.guardian.co.uk/world/2009/dec/14/srilanka-tamil-leaders-surrender-shot

Source: Voice of America

These people lived

through a really

appalling war,

surrounded by death

and destruction,

running from place to

place with nowhere

safe to hide Rupert

Colville, UN Human

Rights Spokesman

For Full Report: http://www1.voanews.com/english/news/a-13-2009-10-25-voa7-69779682.html

France asks Sri Lanka to end emergency, probe war crimesA top French envoySaturday asked Sri Lankato end its state ofemergency and probe warcrimes ahead of a keyEuropean Union ruling ontrade concessions to thetroubled island.

"Ending of the emergency(in force since 1983)should have been the first

consequence of endingthe war (in May)," he saidat the end of three-days oftalks with key Sri Lankanleaders on the island'shuman rights situation.

"The fact that the conflict isover should be anopportunity to put an endto emergency laws," hesaid referring to the

draconian legislation whichwas also used in August tojail an editor for 20 years.

He echoed internationalcalls to probe alleged warcrimes in the final stagesof the fighting and saidColombo should allowindependent investigationsto ensure that a culture ofimpunity did not persist.

Source: EU BusinessFor Full Report: http://www.eubusiness.com/news-eu/srilanka-france.1ck


6/8


Ethnic discrimination, Human Rights Violations & Injustice

No justice for Tamil youth drowned by Sri Lankan police

where he ran into the sea.Despite his pleas formercy the officers beathim and refused to let himreturn to shore.The video images show

how the police officerscontinued to chase andbeat him until he slippedbeneath the waves. Hisbody was recoveredmoments later.Sivakumar, an ethnicTamil, was described as askilled mechanic but

mentally ill.There is no mechanismwithin the policing systemto enforce discipline. Theone who really bearsresponsibility is the

executive presidenthimself.The case of BalavarnamSivakumar will not be anydifferent. It will beremembered only asanother shocking incidentwith no follow-up action inpursuit of justice.

An onlooker videotapedthe murder of a 26-year-old Tamil man by three SriLankan police officers inthe presence of a largecrowd in the rough seas

near BambalapityaRailway Station in CapitalColombo.The Police Officerschased BalavarnamSivakumar a Tamil lived inColombo, who allegedlyhad been throwing stonesat a train, to the shoreline,

Many people become

victims of the system

daily. Incidents like

the Bambilipitiyamurder is just glaring

example that

happened to come to

public attention UPI

Asia

The chilling white vanmenace is back. We weretold that the Special TaskForce (STF) appeared tohave its own unique styleof snatching people fromthe city of Colombo.The alleged abductionsent chills down many in

Colombo who assumedthat the kidnapping wasyet another ransom takingincident or was connectedto the one time white vanmenace, which had fizzledout in recent times.A few months back aTamil newspaper editorwas arrested in similar

style from a funeralhouse.When the incidentcame to be knowninternationally andreaction intensified, thegovernment rushed to saythat Vithyatharan was notabducted but arrested anddetained by the police forinterrogation.

The White Van Abductions Are Back!

Source: Sunday LeaderFor Full Report: http://www.thesundayleader.lk/2009/12/06/and%E2%80%A6-the-white-vans-are-back/

Unlawful killings

perpetrated by

soldiers, police and

paramilitary groups

with ties to the

government are a

major problem in Sri

Lanka EU

Investigation Report

More than 1,000 Buddhistextremists armed withclubs, swords and stonesferociously attacked aCatholic church in thetown of Crooswatta, SriLanka destroying the altar,statues and pews.LOsservatore Romanoreported that Father JudeDenzil Lakshman, pastorof Our Lady of the

Mystical Rose, said I stillcan hear their shouts inmy ears, Cut him topieces, kill him.The attack took place afterthe 7 p.m., Sunday Mass,leaving severalparishioners wounded. Itis obvious that the attackwas well-planned and thatthe mob waited for us tocome out after Mass,

Father Lakshman said.The extremists thendamaged all other motorbikes, ordinary cycles ofthe poor people includinga three-wheeler. Somepersons armed withswords and batons wenton beating the people.There are six Catholics inthe hospital with injuries."

Buddhist extremists brutally attack Catholic church in Sri Lanka

Source: UPI AsiaFor Full Report:http://www.upiasia.com/Human_Rights/2009/11/02/no_justice_for_youth_drowned_by_police/4869/

Source: Cathoic News AgencyFor Full Report:

White vans withoutNumber Plates


7/8


There is probably no moreappropriate single locationthan Auschwitz-Birkenaufor grasping the scope ofthe Nazi horror. But theunprecedented andunequaled nature of thathorror makes it somewhatinappropriate as a usefullesson for preventinggenocide today. Whenyou're waiting forsomething that looks likeBirkenau, it's almost tooeasy to say, "neveragain."

From March 1942 to late1944, Birkenau was thelargest factory of massmurder in wartime Europe.Every day, trains arrivedcarrying thousands ofpeople, they were sentimmediately to theirdeaths in massive,

"Never Again? What the Holocaust can't teach us about Modern-day Genocide"

UN initiated fact-findingmission on the Gaza conflictconcluded late last year thatthere were clear evidences ofserious violations ofinternational human rightsand humanitarian lawcommitted by Israel andPalestinian groups. TheGoldstone's 575-pageinvestigation report further

concluded both partiesactions during the conflictcould amount to war crimes,and possibly crimes againsthumanity. The report calledfor the UN Security Council torefer the matter to theInternational Criminal Court ifthe Israelis or Palestinians failto investigate the allegedabuses themselves.

Holocaustpurpose-built gaschambers.The wider internationalcommunity still onlyrecognizes genocide inthis one most specificsense. They are alwayslooking for Birkenau --expecting industrializedkilling rather than seeinggenocide the way itunfolds today.

In recent years,governments have notnecessarily been

exterminating entiresubgroups en masse withcrystal-clear intent. Yetsome governments showno qualms about shellinghuge numbers of ethnicminority civilians trappedin confined war zones, aswe saw in Sri Lankaearlier this year. Morecommon still are

governments that kick oneethnic group off its landand force the people into

displacement campswhere they becomepermanent wards ofinternational humanitarianagencies - just one placecommonly labeled as"slow-motion genocide."

To get hung up ondefinitions of "genocide" --or "war crimes," "crimesagainst humanity," or"ethnic cleansing" for that

matter -- is to miss thepoint entirely, and thepossibility of prevention,almost certainly. In otherwords, it all comes downto politics anyway, sofooling around withdefinitions seemspointless at best, anddeliberate and deadlydelay at worst.

Source: Guardian

Darfur Massacre

Source: NY Times

Sri Lanka Massacre

Source: The Times

Israeli assault on the GazaStrip that lasted 22 days killeda total of 1,434 Palestinians

and injured 5,303 includingwomen and children. The

Gaza and Sri Lanka War Crimes Why need an Inquiry ?assault was finally stoppedafter significant internationalpressure and political andmedia attention.

On contrary, Sri Lankaconducted a massive waragainst Tamil rebelsuprooting almost entire Tamilpopulation from theirtraditional homes. The warlasted more than 2 years and

human rights organisationsconsistently reported the useof heavy arms includingcluster bombs. Aerialbombardment on civiliansettlements, temples,schools, hospitals wasreported almost on a dailybasis. UN Human RightsCommission reported 2,800civilians killed and more than7,000 injured from 20 January13 March (in 50 days alone).US State Department

investigation report recorded6,710 people killed and

15,102 people injured fromJanuary 20 to April 20 2009. TheTimes newspaper and otherhuman rights bodies reported of acivilian massacre of more than20,000 only within the last fewweeks. Video and otherevidences are also emerging nowon summary execution and extra-judicial killing of fighters andunarmed civilians.

In sharp contrast to Gaza, SriLanka did not allow any media,international aid agencies andeven UN close to the war zone.Media and Journalists werethreatened and some cases killedin order to stop the facts comingout. There were nocommunication links with thepeople under attack andunfortunately there were notmuch international media orpolitical attention on Tamilskilling even though Tamil

Diaspora brought it allinternational cities. Some

Source: Foreign PolicyFor Full Report: http://www.crisisgroup.org/home/index.cfm?id=6416

Editorial Opinion

analysts pointed out that if SriLankan indiscriminate modelfollowed in Gaza, the situationwould have been different andcatastrophic.

All evidences pointed out thepotential war crimes and crimesagainst humanity committed duringthe war in Sri Lanka far exceeds inall proportions compared to Gaza.Going beyond the war crimes, Sri

Lanka detained more than 300,000innocent Tamil civilians forcefullyunder barbed wired camps.Human rights organisationsunilaterally are urging anindependent inquiry in Sri Lanka.Peace organisations also stressthat justice is a prerequisite forreconciliation. It is an urgent needto reject that Sri Lankansuppressive model not acceptablein any means to Internationalcommunity. Unless not provenotherwise, the credibility onInternational Justice, International

Law and International Institutionsare clearly at stake.


8/8

TLAP EVENT HIGHLIGHTS

January / February 2010TLAP will kick start amonthly workshop series

on Media andJournalism bringingprominent people in theindustry to talk aboutinternational journalism.

Empowering Communitiesis one of our key

objectives and TLAP willcontinuously promote ourvision with your support.

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making, charitableorganisation established(registered) in the United

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tlap newsletter november-december 2009

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