Thursday, September 27, 2018

ANNAIST NANDHIVARMAN TOOK TAMIL GENOCIDE TO INTERNATIONAL CRIMINAL COURT OF JUSTICE




IN THE INTERNATIONAL
CRIMINAL COURT OF JUSTICE
AT HAGUE

N.Nandhivarman
General Secretary
Dravida Peravai
9 Ramaraja Street
Puducherry 605001

To

Mr. Luis Moreno Ocampo
Public Prosecutor
Office of the Public Prosecutor
International Criminal Court of Justice
Post Office Box; 19519
2500 CM The Hague
THE NETHERLANDS

Respected Sir,

Subject: Complaint against Srilankan President Mahinda Rajapakshe on the genocide, ethnic cleansing and war crimes throwing all canons of international law to winds.

The petitioner recalls your words at the outset. "I deeply hope that the horrors humanity has suffered during the 20th century will serve us as a painful lesson, and that the creation of the International Criminal Court will help us to prevent those atrocities from being repeated in the future." [Statement made by Luis Moreno-Ocampo on the occasion of his election as first Prosecutor of the International Criminal Court by the Assembly of States Parties in New York on 22 April 2003.]

International Campaign to End Genocide lists out that 1.5 million Armenians, 3 million Ukrainians, 6 million Jews, 2,50,000 gypsies, 6 million Slavs,1 million Ibos, 200,000 Guatemalans, 1.7 million Cambodians, 500,000 Indonesians, 200,000 East Timorese , 2,50,000 Burundians, 500,000 Ugandans, 2 million Sudanese, 800,000 Rwandans, 2 million North Koreans and 10,000 Kosovo's lost their lives under Genocide during last century.

Awareness on Genocide started in 1944, when a Jewish Refugee from Poland who taught in USA coined the word Genocide in his book “Axis Rule in Occupied Europe”. Tamils of Ceylon, currently known as Srilanka started to learn the bitter truth about Genocide from 1956.

Dravida Peravai encloses you a book titled Tamil Genocide under Neo-Nazism, which is a charge sheet against Srilankan Governments wherein Tamil massacres since 1956 to 2001 are complied by a non-governmental organization. Though the language used is not so fluent with many spelling mistakes on the names of persons and places, we have thanked the first ever effort made, and had attached that report to our complaint made to the President of the Security Council for the month of May, to the General Secretary of the United Nations and to the representatives of the Member Nations of the Security Council. In that letter we have urged the Security Council to direct our complaint to you urging you to begin the probe into the issue of Tamil Genocide since 1956 to till date i.e. 2009. The copy is in the first few pages of the enclosed book. We urge The International Criminal Court of Justice probe using all arms of the United Nations and non governmental organizations and to compile all the crimes of genocide committed by Srilankan governments since independence but with emphasis of the current Government of Mr.Mahinda Rajapakhse.

Winston Churchill called genocide, a crime without name, before the word was coined. Now the Srilankan President is pursuing that crime without witness. The War without witness may be called a war against terrorism by Srilankan Government, but the day when independent observers and non governmental organizations and international media gets free access to the people of Tamil Eelam, you will be getting all the evidences needed to fix the Srilankan President Mr.Mahinda Rajapakshe for war crimes and crimes of genocide. Further even after declaring victory in the War, The Executive President of Srilanka who executed Tamils in thousands and thousands, is nor stalling access to UN only to destroy the evidences against the crime, like burning the corpses so that numbers killed could get concealed.
Before we could mail this complaint news from Srilanka once again proves that President wants Peace too to be without witnesses. Boston Globe voices concern.

EU must investigate Sri Lanka war crimes - Boston Globe

Tuesday, 19 May 2009

"The government of President Mahinda Rajapaksa has been claiming a glorious total victory - and denying allegations from doctors on the scene that tens of thousands of innocent civilians have been the victims of indiscriminate artillery fire and scorched-earth tactics," said Boston Globe in Tuesday's editorial, adding "the European Union must follow up on its call for an investigation of war crimes against civilians." The editorial also said that "the United Nations adopted a resolution in 2005 on the "responsibility to protect" populations that are not protected by their own governments. The massive killing and wounding of civilians on Sri Lanka represents exactly the sort of case that resolution was meant to address."

Full text of the editorial follows:

Sri Lanka, after the war

ONE OF THE WORLD'S bloodiest conflicts has come to a violent conclusion in the island nation of Sri Lanka. The government of President Mahinda Rajapaksa has been claiming a glorious total victory - and denying allegations from doctors on the scene that tens of thousands of innocent civilians have been the victims of indiscriminate artillery fire and scorched-earth tactics.

Rajapaksa must give aid organizations access to hundreds of thousands of uprooted Tamils in the islands northeast. Overwhelmed doctors in overcrowded camps are amputating limbs without sufficient drugs and medical supplies. The people in those camps desperately need medical care, food, and water. And they should be allowed to return to their homes as soon as possible.

Once the humanitarian crisis is addressed, the European Union must follow up on its call for an investigation of war crimes against civilians. The Rajapaksa government has tried to draw a screen around its actions, banning independent journalists and international aid groups from the war zone. But the United Nations adopted a resolution in 2005 on the "responsibility to protect" populations that are not protected by their own governments. The massive killing and wounding of civilians on Sri Lanka represents exactly the sort of case that resolution was meant to address. Ultimately, the only way for Sri Lanka to avoid another Tamil rebellion is to grant the Tamils some form of local autonomy in their region. Now that the Tigers have been crushed, the Sinhalese majority of Sri Lanka has no excuse for not addressing the legitimate grievances of the Tamil minority.

Srilanka won’t heed Boston Globe or even all nations in our globe. The purpose in our reproducing the Boston Globe editorial is to urge you to start investigations into the war crimes in Srilanka.

Lies, deceptions, hallmark of Sri Lanka war- Telegraph

 Monday, 18 May 2009

"Chinese weapons, intelligence, Sinhala Armed personals and racist Sri Lankan leaders came together to perform one of the most cruel war that has cost the lives of many thousands innocents," says Richard Dixon, a columnist in London's Telegraph. While "Tamils all over the world are mourning the death of their loved ones back home," and "birds have now stopped singing in a land called Vanni," Dixon writes, "leaders of Sri Lanka and some responsible officers in the UN, should be questioned in international courts in order to find out if they were responsible for the deaths of innocent Tamils."

Full text of the article follows:

The Real Culprits behind Sri Lankan War

Birds have now stopped singing in a land called Vanni. Sun, moon and the stars in the sky have hidden their faces. Angel of death flew over the skies of Vanni and took the lives of more than twenty five thousand innocent Tamil men, women and children in a single day.

Thousands of wounded are still are crying out for help. They are bleeding to death on the streets. They have touched neither water nor food for days. Nobody has come to rescue them. Those who fight for the rights of the animals and those who preach about Buddha and Mahatma have no compassion for the dying Tamils. Chinese weapons, Indian intelligence, Sinhalese Armed personals and racist Sri Lankan leaders came together to perform one of the most cruel war that has cost the lives of many thousands innocents. While thousands of innocent children and women are facing painful and slow death, Sinhalese Buddhist extremists are celebrating victory with flags and fire crackers in the south of the country. War that was started with hidden agendas of local and international forces went on for months not just with the strength of the weapons but with well organized false propaganda done by the Sri Lankan officials.

This war was orchestrated and staged with lies and deceptions from the beginning till the end.

Sri Lankan leaders are still vomiting out worms of lies

Rulers of Sri Lanka are continuing to vomit out worms of lies to justify their atrocities against innocent lives. They started with “War on Terror” but changed the buzz word to “Humanitarian Operation” in order to deceive the international community. “War on Terror” was an accepted norm during the Bush era but lost its validity now. Therefore they had changed the name of the game to “Humanitarian operation”

Why do they lie?

Because they have many hidden agendas behind this dirty war they want to hide the atrocities that are being committed against innocent civilians. They themselves know, what they are doing is wrong and not acceptable in a civilized world. Above everything they want to protect India who is orchestrating the war in Sri Lanka. Indian intelligent agents and military experts are working closely with the Sri Lankan forces in the war zone.

How do they manage to lie?

They simply hide the truth. When the truth is hidden what comes out is lie. Foreign journalists and aid workers are barred from the war zone and IDP camps. Those who try to enter and report about the war are kicked out of the country if they are critical of the government. Local journalists are intimidated, tortured and sometime killed. Telling the truth is considered a crime in Sri Lanka. Phone lines are tapped. Web sites are blocked. Anybody who talks against the government is considered as Terrorist or Terrorist supporter .In the war front, dead bodies of the civilians is burned to ashes using powerful chemicals. This is to hide the number of innocent civilians that have perished in the wars Lankan government officials very often organize staged visits to the IDP camps and force the refugees to lie to the foreign diplomats.

What did they lie about?

They lied about the objective of the war, weapons used, number of civilian causalities and military operations. Although they initially claimed that the objective of the war was to defeat the LTTE, they have in fact killed and wounded several thousands of innocent Tamil civilians with heavy weapons. They used chemical weapons and cluster bombs on innocents, but they continue to deny the usage of such weapons.

Sri Lankan forces have destroyed Schools, hospitals and farm lands and made the whole place into a graveyard for the Tamils. This is also regularly denied by the Sri Lankan authorities. This war has claimed more than fifty thousands lives just within the last few months but the Sri Lankan government is not going to open their mouth and tell this truth to the world.

Why didn't the UN intervene?

United Nations, who is supposed to be a guardian for the oppressed people in the world turned out to be a silent spectator of a man made disaster that has taken the lives of many thousands. There is a conspiracy behind this whole war game. China was initially blocking every attempt that was made by UK and France to discuss the Sri Lankan issue in the Security Council.

What we are witnessing in Sri Lanka is neither “war on terror” nor a Humanitarian operation. This is simply a racist war against the Tamils conducted with the help of India and China. You wouldn't shoot at the passengers and bomb the whole bus, if you had to rescue the hostages.

Sinhalese extremists are already celebrating and they have also started to intimidate Tamils in the South of the country. India and China have started to work on their hidden agendas in Sri Lanka. Tamils all over the world are mourning the death of their loved ones back home.

What Next?

When the rocket scientists designed highly complex derivatives and greedy traders traded these new emperors cloths, many investment banks collapsed. Pension funds lost money. Bankers committed suicide. The whole financial disaster was caused by greedy and selfish individuals who had short term hidden agendas. We took action. Greedy bankers and traders were taken to courts. New rules and regulations are now in place to prevent this happening again. In the same way, the masters of this war in Sri Lanka should be brought to justice.

Sinhalese government with racist agendas, China and India with their strategic interests and UN with corrupt officers are the evil ingredients of this dirty war that has cost the lives of many thousands innocent Tamils.

Leaders of Sri Lanka and some responsible officers in the UN should be questioned in international courts in order to find out if they were responsible for the deaths of innocent Tamils.

If we didn't, we would end up seeing more of such evil games repeated over and over again.

Richard Dixon
RichardDixons@googlemail.com

Our comments:

[We are baffled at the reporter’s charge about India, and being patriots we are ashamed if such things were happening  and we pray it wont be true, but it is left to International Court of Criminal Justice either to take cognizance of the views or to probe the matter further. India should refute these charges and not bury truth, even if some one had bypassed the Government to engage in such crimes. Since pursuit of truth and justice for Tamils is our goal, amidst biased propaganda blitzkrieg of Srilanka, we don’t want to censor The Telegraph, quoted in above paragraphs. …N.N]

SINHALESE GOVERNMENTS AND TAMIL GENOCIDE

Convention on the Prevention and Punishment of the crime of Genocide adopted by Resolution 260[ iii] A of the UN General Assembly on 9th December 1048 is a remarkable milestone and this came into effect on 12 th January 1951. The Srilankan Government started its first genocide on 5.6.1956. People thought it is just ethnic clash but never at that point Tamils thought ethnic cleansing had started. We are sending the Charge sheet against Sinhalese Governments listing out the people who were butchered to death in the genocidal agenda consistently pursued by almost all Sinhalese Governments.

The book Journey of Man by Spencer Wells establishes that all men are from common source. All genes of human beings have common genes and gene markers. Science had proven beyond an iota of doubt that race is a myth. But Sinhalese regard Mahavamsam, their sacred book which inculcates in them wrong notion of racial supremacy. Even the legend on the origin of Sinhalese race starts with a lion and a human princess, which itself will shatter the very foundation of the origin of their race, as unscientific fiction. Yet with the same racial superiority which Adolph Hitler proclaimed to be an Aryan, who went to annihilate the inferior Jews according to his mindset, Sinhalese rulers have been indulging in massacres of Tamils from 1956.

Though the world woke up to the horrors of genocide in 1948, the report on The Genocide Convention: First 50 years [1948-1998] by William Schabas available in the online library of the US Institute of Peace fails to mention crimes against Tamils. Tamils are the most peace loving people, whose leaders have failed to highlight or bring to the notice of the UN all these years about the Tamil Genocide in Srilanka since 1956.

We are now starting to knock the International Criminal Court of Justice and the Office of the UN Human Rights Commissioner.

The Special Report on first 50 years record with anguish “that in 1994 while 800,000 Tutis died in Rwanda State Department debated whether it was genocide and the United Nations Security Council withdrew UN Peace Keeping Force who could have saved hundreds of thousands of lives.” But in this century Tamils are placed in a better position because all over the world Tamil Diaspora relentlessly fought to draw the attention of the civilized world and we are grateful for the President of the United States Mr.Barrack Obama and Secretary of State Ms.Hillary Rodham Clinton, the British Prime Minister Gordon Brown and Foreign Secretary Mr.Millind, the Norway Minster Mr. Eric Solheim and to European Parliament for echoing the plight of Tamils of Tamil Eelam crushed under the genocidal war machine of Srilankan President Mr.Mahinda Rajapakshe.  

The Special Report on first 50 years points out that on 2 nd September 1998 only International Tribunal for Rwanda issued first conviction for genocide condemning Rwandan Mayor Jean Paul Akayesu and justice done to Tutis. Similarly from the theatre of Eelam war obeying the resolution of the UN Security Council, the freedom fighters expressed willingness to surrender arms to a neutral country, they announced that their guns will become silent, they pleaded for ensuring safe passage for 25000 civilians wounded in the combat zone. But unmindful of the conscience of the humanity and comity of nations Srilankan President Mr.Mahinda Rajapakshe went ahead in his war of ethnic cleansing and committed the gravest crime of genocide. We hope UN and other bodies will belatedly deliver justice to out Tamil kinsmen. After all wars are essential to test newly invented weaponry and China with its single minded pursuit to encircle India and to teach India a lesson for its involvement in Tibet, provided all the arms of mass destruction and chemical weapons to the blood thirsty war mongers of Srilanka.

India tells UN that it has complied with Weapons Convention : Chemical Arms Destroyed says a news in English Daily :Deccan Chronicle of 15 th May 2009.The news paper says that India has informed the United Nations that it has destroyed its stockpile of chemical weapons in compliance with International Chemical Weapons Convention. Though the Government of India had notified on 26th  of March 2009 on the fulfillment of its obligation to completely destroy its declared chemical weapons stockpile, the news was broken  a day before the counting of votes in recently held Indian elections were to begin. If the news had broken in March 26th, there would not have arisen doubts in the minds of Indian Tamils. That is internal matter of India. Here the purpose is to urge the Public Prosecutor to find out how come and wherefrom Srilanka obtained its chemical bombs and weapons?

Let me begin my complaint by quoting UN documents itself
Sri Lanka: UN expert on genocide prevention
Calls for end to conflict
Overcrowding remains a problem at the transit/IDP sites in Vavuniya, Sri Lanka
15 May 2009Secretary-General Ban Ki-moon's Special Adviser on the prevention of genocide today said that “it is not too late” for Sri Lanka's Government forces and rebels to end their brutal conflict, underscoring the toll the clashes are taking on civilians.

 “This polarizing conflict is identity-related with ethnicity and religion as deeply divisive factors,” he said. “It will not end with winners and losers and it cannot be ended solely through a military victory that may not be sustainable in the long-run unless legitimate grievances are addressed.”

Mr.Deng underscored that women and girls are particularly vulnerable to “excesses of conflict,” stressing that the Government is legally obligated to give them special protection. He called on authorities to allow the UN and other agencies “full and unfettered access to all civilians and detainees.”
Mr.Kälin also expressed his concern over the dire living conditions in camps for internally displaced persons (IDPs) who escaped the conflict, with the influx of an additional 110,000 people during the last 10 days of April posing further challenges for the Government and its humanitarian partners. “Ensuring adequate humanitarian assistance to internally displaced persons is first and foremost a Government responsibility, especially since the Government decided to intern them in camps, citing security concerns,” he said, adding that authorities continue to hold nearly 200,000 IDPs in temporary camps.

The Office for the Coordination of Humanitarian Affairs (OCHA) today reiterated that the loss of civilian life and the situation of those trapped in the conflict zone are unacceptable, deploring the use of heavy weapons and of civilians as human shields.

The Office of the High Commissioner for Human Rights (OHCHR) said today that it believes that an independent commission of inquiry is needed given the conduct of this war and the number of civilians who have been killed.

Patients, medical staff, aid workers, and other witnesses have provided Human Rights Watch with information about at least 30 attacks on permanent and makeshift hospitals in the combat area since December 2008. One of the deadliest took place on May 2, when artillery shells struck Mullaivaikal hospital in the government-declared "no-fire zone," killing 68 persons and wounding 87.
HRW quoted “several independent sources” as saying that each time a hospital was established in a new location, the doctors transmitted GPS coordinates of the facility to the Sri Lankan government to ensure that the facility would be protected from military attack. Medical staff said that, on several occasions, attacks occurred on the day after the coordinates had been transmitted. “Permanent and makeshift hospitals within LTTE-controlled territory continue to receive hundreds of patients daily. Many arrive wounded from the fighting, while others are sick due to inadequate sanitation, and acute shortages of food and clean water,” HRW said.

"Hospitals are supposed to be sanctuaries from shelling, not targets," Adams said." Repeated Sri Lankan artillery attacks striking known hospitals is evidence of war crimes," he added. "The government cannot hide behind LTTE atrocities to justify their own unlawful acts.”HRW has criticized both the Sri Lankan armed forces and the Liberation Tigers of Tamil Eelam (LTTE) for numerous violations of the laws of war during the recent fighting.

 UN experts demand international scrutiny in Sri Lanka

Four UN Human Rights Council experts on right to health, food, water, and sanitation, in a statement said that "there is good reason to believe that thousands of civilians have been killed in the past three months alone, and yet the Sri Lankan Government has yet to account for the casualties, or to provide access to the war zone for journalists and humanitarian monitors of any type," and that "shipments of food and medicine to the "no fire zone" have been grossly insufficient over the past month and the Government has reportedly delayed or denied timely shipment of life saving medicines as well as to chlorine tablets," and urged the U.N. to establish a commission to address the critical human rights situation, and demand full respect to human rights.
Philip Alston, Professor of Law and Faculty Director of the Center for Human Rights and Global Justice at New York University School of Law, appointed Special Rapporteur in 2004 by the United Nations Commission on Human Rights, Mr. Anand Grover, appointed Special Rapporteur in 2008 by the United Nations Human Rights Council, Mr. Olivier De Schutter was appointed Special Rapporteur in 2008, and Ms. Catarina de Albuquerque began her work as Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation in November 2008, signed the statement. Full text of the statement follows:  current humanitarian crisis in Sri Lanka gives cause for deep concern, not only in terms of the number of civilians who have been and continue to be killed, but because of a dramatic lack of transparency and accountability. "There is good reason to believe that thousands of civilians have been killed in the past three months alone, and yet the Sri Lankan Government has yet to account for the casualties, or to provide access to the war zone for journalists and humanitarian monitors of any type", said Philip Alston, the UN expert on summary executions. The continuing catastrophic situation of civilians in Sri Lanka trapped in the midst of fighting between the Sri Lankan army and the LTTE, in an area measuring less than 10 sq km, must be immediately addressed. "These civilians do not have sufficient access to food, essential medical supplies or services and safe water and sanitation. Even if they do escape death or injury at the hands of the hostile parties, their continued presence in this area without access to these basic rights is an effective death sentence," declared the Experts of the UN Human Rights Council. "The safety of civilians, including their safe passage out of the conflict zone, must be prioritized by all actors involved" said the Experts. While many thousands of civilians have now left this area, the Experts maintained their concern about the safety of more than 50,000 estimated by the UN to still remain. Shipments of food and medicine to the "no fire zone" have been grossly insufficient over the past month and the Government has reportedly delayed or denied timely shipment of life saving medicines as well as to chlorine tablets. "As a result of the blackout on independent information sources, it is impossible to verify any of the Government's claims as to the number of casualties to date or as to the steps that it says it is taking in order to minimize the further killing of innocent civilians, and ensure delivery of humanitarian assistance", said the Experts. "When people manage to escape, they reportedly continue to face scant supplies, entirely insufficient access to adequate medical treatment and severely overcrowded hospitals, providing no relief to the horrors they had been living," remarked Anand Grover, the UN expert on the right to health. "Access to food has also been hampered by arduous and lengthy registration procedures for the internally displaced persons; the desperation and chaos witnessed in some cases show that the situation is critical," said Olivier De Schutter, the UN expert on the right to food. Catarina de Albuquerque, the UN expert on water and sanitation, also expressed concern about "water shortages reported at Omanthai and at most of the transit sites as well as inadequate sanitation facilities, which put the health and lives of the population at further risk." The Government must take urgent measures with the assistance of the international community to ensure that security concerns do not result in unjustifiable suffering. The Experts called upon the Sri Lankan Government to provide convincing evidence to the international community that it is respecting its obligations under human rights and international humanitarian law. It is also clear that the LTTE, for its part, has acted in flagrant violation of the applicable norms by preventing civilians from leaving the conflict area and having reportedly shot and killed those trying to flee. "There is an urgent need to establish an international commission of inquiry to document the events of recent months and to monitor ongoing developments." The Experts called upon the UN Human Rights Council to establish such a commission, as a matter of urgency, to address the critical situation in Sri Lanka, and demand full respect for all human rights. Any such inquiry should study the conduct of all sides to the conflict.

Sri Lanka in "interminable and intractable crisis"- UN


 Even before the genocidal war was started by Government of Srilanka at the behest of President Mahinda Rajapakshe  i.e. on Monday, 23 October 2006, Prof. Philip Alston, United Nation's Special Rapporteur on extrajudicial, summary or arbitrary executions, speaking to the United Nations General Assembly, Third Committee, 20 October 2006, said that the "dramatic attacks in recent days and spiraling number of extrajudicial executions" indicate that "Sri Lanka is not so much on the brink of a new crisis but, instead, only in the midst of an interminable and intractable crisis that has already exhausted its fair share of international attention," and called upon the United Nations Secretariat to "establish a full-fledged international human rights monitoring mission in Sri Lanka."
"Widespread violence during a faltering ceasefire is not the same as an all-out civil war that costs tens of thousands of lives. Real progress has been made over the past four years, and nothing that has happened in these past few months has made achieving a sustainable peace founded on respect for human rights impossible. But there is little reason to think that the opportunity will be available for much longer," Prof. Alston warned.
He said although the "issue was placed squarely before the Human Rights Council last month but the signals are that any action the Council might take in November will do very little to make a difference as this tragic situation swells and threatens to reach bursting point." The following challenges should be immediately addressed, Prof. Alston told the UN assembly:
  • To acknowledge the need for significantly more sustained and high-level international involvement
  • To accept the fact that there is no national institution capable of monitoring human rights throughout Sri Lanka, and To establish an effective international human rights monitoring presence.
In the report Prof Alston presented, he said: "The Sri Lanka Government should not, however, interpret the widespread proscription of LTTE as a terrorist organization as an endorsement of its own record. Neither its past nor its present conduct would justify great faith in its ability to respect equally the rights of all citizens. Indeed, it is an enduring scandal that there have been virtually no convictions of government officials for killing Tamils, and many Tamils doubt that the rule of law will protect their lives." The warning from Prof.Alston comes in the wake of assurances given by Sri Lanka's President "of his intention to invite an international commission to inquire into recent killings, disappearances and abductions in Sri Lanka." Human Rights bodies have raised serious doubts of the bona fides of Sri Lanka Government's intentions to set up an independent Rights body with international participation.

"Unless the government has announced something new, they have been calling for a Local Commission of Inquiry (COI) with international observers. However that is different from a human rights monitoring mission," Senior Legal Advisor, Human Rights Watch, New York, James Ross told The Sunday Leader." Just having international observers is insufficient as international monitors need to play a more direct role to ensure that the commission is independent and impartial and would report its findings publicly," Ross said, Sunday Leader reported.

The New York based Human Rights Watch (HRW) sent a fact-finding mission to Sri Lanka has also denied government claims that they had decided to send observers to the local commission, the paper further said. According to Ross, HRW has not held any discussions with the government on the establishment of the Commission of Inquiry nor had the terms of reference for such a commission been discussed. The government had earlier in the month said that a eight member local commission headed by a Supreme Court judge with international representatives as observers would be set up in order to investigate human rights violations, the Leader reported.

 British Parliamentarians call for UK to rein in Sri Lanka

Wednesday, 12 March 2008

A group of Parliamentarians from all of Britain’s main political parties  condemned the assassination last week of Tamil National Alliance (TNA) MP K Sivanesan and, lamenting the recent exit of the international panel overseeing rights abuses probes in Sri Lanka, called on the UK government to take all possible steps to ensure that Government of Sri Lanka plays by accepted international rules.

 The British All Party Parliamentary Group (APPG) for Tamils expressed its serious concern at the decision of the International Independent Group of Eminent Persons (IIGEP) - headed by former Indian Chief Justice P N Bhagwati to terminate its operations in Sri Lanka. “Violence in Sri Lanka remains terribly and unacceptably high.

The British APPG for Tamils deplores all killings and assassinations including the assassination of K. Sivanesan, a democratically elected member of the Sri Lankan parliament,” the MPs, said. “The decision by the IIGEP to terminate operations raises serious questions about the claims made by the Government of Sri Lanka that it is taking all efforts to uphold human rights. “It is extremely worrying that a reputable body such as the IIGEP has now concluded that there is no further use for it in probing the abductions, disappearances and extra-judicial killings which the Group was invited to investigate in September 2006” The APPG welcomed comments by British Foreign Minister Lord Malloch-Brown at the UN Human Rights Council in which he criticized the Sri Lankan government of President Mahinda Rajapakse. “We will now be asking the British Foreign Secretary to consider what other action is available to the British government and to take all possible steps to ensure that Government of Sri Lanka plays by accepted international rules,” the APPG said.

“A political solution to the continuing conflict in Sri Lanka is as vital now as ever. There must be an end to the spiral of violence if the seventh decade of an independent Sri Lanka is to be one of justice, peace and prosperity.” The APPG for Tamils includes Parliamentarians from the ruling Labour party and the main opposition parties, the Conservatives and Liberal Democrats, as well as the Scottish National Party.

SRILANKAN GOVERNMENT LACKS WILL

TO BRING JUSTICE– IIGEP

08 March 2008
A lack of will on the part of the Government of Sri Lanka was one factor in the International Independent Group of Eminent Persons (IIGEP) terminating its operations in Sri Lanka, Prof. Sir. Nigel Rodley, representing Britain in the International Independent Group of Eminent Persons (IIGEP), told BBC Tamil service in an interview.
Sir Nigel Rodley (Photo: BBC)

“It was I think a lack of will ... they certainly didn’t have the money in order to have full servicing from the private bar,” Sir Nigel Rodley said on being asked by the BBC Tamil service correspondent whether it was administrative problems or the lack of determination to maintain law and justice, or disinterest on the part of GoSL which ended in the termination of the operations of IIGEP in Sri Lanka.

"We felt that there were shortcomings in the structure of the Commission of Inquiry and the duty of IIGEP was to find what was wrong in the investigations of Commission and the reason for the perpetrators of the crimes involved escaping the arms of the law.” The Attorney General’s presence in the Commission and the participation of his office in the commission was a factor that reduced the credibility of commission," Sir Nigel Rodley said in his interview."Sri Lanka was accused yesterday of widespread abductions in its counter-insurgency operations against the Tamil Tigers, making the country one of the worst in the world for 'disappearances,'" said The Guardian, a British daily, in its Friday edition.

"The Presidential Commission was so obviously an eye-wash and the IIGEP was only called upon to give respectability to a very deliberate design to subvert the process of law for which purpose alone this Commission was appointed," said Asian Human Rights Commission (AHRC), a Hong Kong-based Rights watchdog, in a press release issued FridayMeanwhile, Dr. Manohar, the father of Rajivar, one of the five university students killed in Trincomalee in January 2006, told BBC Tamil service Thursday,

 “Sri Lanka Government realized the danger of being exposed if IIGEP continued to monitor the Commission of Inquiry (CoI) investigating into the killings and was worried of the repercussions on the IIGEP's move to take the issue to levels of international standards.”  “Now that I am out of Sri Lanka I am no longer afraid to state that it was the Sri Lanka Army (SLA) troops who killed my son,” Dr. Manohar added.

“The IIGEP monitored the investigation of the Commission of Inquiry and was moving it to international standards which were something the Government of Srilanka could not put up with and that is why it applied pressure on the IIGET forcing it to terminate its service,” Dr. Manohar said. GoSL says that it is unable to continue investigations because witnesses do not turn up at the trials, the BBC correspondent told Dr. Manohar and sought his response in the interview. “No one will come forward to bear witness because whoever who dared to so had been killed,” Dr. Mahohar replied. “It was very dangerous to speak the truth and I admit that I too was scared to bear witness that it was the SLA troops who killed my son and other four youths in Trincomalee,” he said. “Two of the students in the group, seriously injured in the grenade attack which killed the others, had testified in the inquest into deaths that it was the SLA troops that killed their five colleagues. ”“Even though the two are now in countries away from Sri Lanka they will not come forward to bear witness because of the danger to the lives of their parents and siblings who still are in Sri Lanka,” Dr. Manohar told.

 “There have been many commissions of inquiry appointed to investigate into the human rights violation in Sri Lanka but none of them had been of any use because Sri Lanka government will do what it wants,” he told BBC. The only way to find justice is to take these cases of gross human rights violations to the International Courts of Justice and international agencies like UN should intervene to offer direction and help to Sri Lanka and the commissions to bring justice to the Tamils in Sri Lanka

The International Independent Group of Eminent Persons (IIGEP), headed by P N Bhagwati, former Indian Chief Justice, decided to terminate its operations in Sri Lanka, according to a statement issued by the IIGEP on Thursday. "The IIGEP is of the opinion that there has not been the minimum level of trust necessary for the success of the work of the commission and the IIGEP," an AFP report has quoted a statement by the IIGEP. Trincomalee residents were shocked and angered over the killing of five old students of Trincomalee Sri Koneswara Hindu College in a grenade attack alleged by Sri Lanka Army (SLA) soldiers on 2 January at about 7.50 p.m. Two old students, one from Sri Koneswara Hindu College and another from St.Joseph’s College in Trincomalee were warded in the intensive care unit (ICU) of the Trincomalee general hospital. All the dead and injured were identified as Tamils and below the age of 20 years. Two of the dead students have gained university admission for the current academic year, police sources said.

IIGEP faults Commission of lacking Independence, Timeliness

Monday, 11 June 2007, International Independent Group of Eminent Persons (IIGEP), in a report released to the President of Sri Lanka on 1st June on the President’s Commission of Inquiry to Investigate and Inquire into Alleged Serious Violations of Human Rights, said: "We have identified and raised a number of concerns with the Commission and the Government of Sri Lanka. We remain concerned that current measures taken by the Government of Sri Lanka and the Commission to address issues such as the independence of the Commission, timeliness and witness protection are not adequate and do not satisfy international norms and standards."
Justice P.N. Bhagwati

On the issue on independence, the report signed by P N Bhagwati Chairman, IIGEP, said" "The Attorney General’s Department is the Chief Legal Adviser to the Government of Sri Lanka. Members of the Attorney General’s Department have been involved in the original investigations into those cases subject to further investigation by the Commission itself. As such, members of the Attorney General’s Department may find that they are investigating themselves. Furthermore, it is possible that they be called as material witnesses before the Commission. We consider these to be serious conflicts of interest, which lack transparency and compromise national and international standards of independence and impartiality that are central to the credibility and public confidence of the Commission. "The IIGEP accused the Commission of not executing the expected investigations in a timely manner.”We are concerned that the Commission did not commence even preliminary investigations and inquiries until May 2007, despite being constituted six months earlier in November 2006. To date, internal processes have not been transparent; no detailed work plan has been announced; essential staff have not yet been fully recruited; investigative and witness protection units are not functioning; and significantly, evidence already known to be in the possession of Governmental bodies relating to the cases has not been gathered and transmitted to us. Such unnecessary delays undermine public confidence in the ability of the Commission to carry out its mandate in a timely manner," the report said. The report also criticized the CoI for not enacting appropriate "legislation that accords with international norms and standards" to protect victims and witnesses.

"The public statements from State officials are creating the misleading impression that the Commission and IIGEP have wide mandates and powers and the resources to address ongoing alleged human rights violations in Sri Lanka. This is not the case. In the current context, in particular, the apparent renewed systematic practice of enforced disappearance and the killings of Red Cross workers, it is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring," the report said. According to an announcement made on 6 September 2006, Sri Lanka's President invited an International Independent Group of Eminent Persons (IIGEP) to act as observers of the activities of the Commission [consisting of Sri Lanka nationals] which was mandated to investigate alleged abductions, disappearances and extra judicial killings. 
                                                                                   TO BE CONTINUED..........

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