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Empowering Communities for Justice, Equality and Human Rights

TLAP Newsletter
Tamil Legal Advocacy Project Month: November/December2009 Volume 1, Issue 3

Special Interest Sri Lanka Execution Video Clips


Articles:
• “Authenticity of
Evidences”.

• “New Sri Lanka


War Crime

Sri Lankan war crimes video is authentic - Times


Revelations”.

investigation finds
• “Continuing
Human Rights
violations”. Video footage that which was aired on editing or any other
appears to show Sri Channel 4 in August, special effects. However,
• “Refugees Lankan troops committing shows a naked man, subtle details consistent
plight”. war crimes by summarily bound and blindfolded, with a real shooting, such
executing captured Tamil being made to kneel. as a discharge of gas from
Tiger Fighters on the An analysis for The Times the barrel of the weapon
battlefield was not by Grant Fredericks, an used, were visible.
fabricated, as claimed by independent forensic “This level of subtle detail
the Sri Lankan video specialist who is cannot be virtually
Government, an also an instructor at the reproduced. This is clearly
investigation by The FBI National Academy, an original recording,” said
Times has found. suggests otherwise. He Mr Fredericks, who was
The video of the alleged found no evidence of previously the head of the
battlefield executions, digital manipulation, Vancouver police forensic
video unit in Canada.
Source: Times Online
For Full Report: http://www.timesonline.co.uk/tol/news/world/asia/article6956569.ece

Highlights:
EU to suspend the GSP+ Trade
IDP Camps 2
concessions to Sri Lanka
Following the adoption of European Union's GSP+ EU Member States will
Voices for HR 3 a Commission proposal trade incentive scheme have two months in which
Refugee plights 4 on Sri Lanka and GSP+ which provides for to decide on it."
treatment, Christiane additional trade benefits. GSP+ relies on
War Crimes 5 Hohmann, European The report came to the beneficiary countries'
Injustice 6 Commission conclusion that there continuing to respect the
Spokesperson for Trade are significant substantive eligibility
Genocide 7 said: "The Commission shortcomings in this criteria for the scheme. In
completed a thorough area and that Sri Lanka light of the findings of the
Editorial 7
investigation into the is in breach of its GSP+ investigation adopted by
About TLAP 8 human rights situation in commitments. the Commission on 19
Sri Lanka and in particular After consulting with October 2009, the
whether Sri Lanka is living Member States, the Commission has
up to the commitments it Commission has adopted proposed a temporary
made to respect today a proposal with a withdrawal of some or all
international human rights view to temporarily of Sri Lanka's benefits
standards when it became suspending these under GSP+ to EU
a beneficiary of the additional trade benefits. Member States in the
Council.
Source: European Commission
For Full Report: http://trade.ec.europa.eu/doclib/docs/2009/december/tradoc_145604.pdf
TLAP Newsletter Page 2 of 8
“Humanitarian catastrophe” Continues
U.N.: 150,000 still in Sri Lankan camps
Nearly 150,000 refugees actions on the camps. The focusing on is
from Sri Lanka's civil war Sri Lankan government accountability for
remain detained in Sri had previously promised violations for international
Lankan government to release all of its human rights law for both
internment camps, internally displaced people sides during the conflict,"
according to the UN's (IDPs) from the camps Holmes advised. "We're
chief humanitarian affairs within a 180-day window also very keen to
official, John Holmes. after the end of the war in encourage the process of
Holmes expressed May, but missed its political reconciliation,
concern over the quality of deadline earlier this which is fundamental to
Source: CNN the Sri Lankan month. make sure the opportunity
government's recent "What we need to keep posed by the end of the
war is not missed."
“Tamils feel like Source: CNN
inmates in their own For Full Report: http://edition.cnn.com/2009/WORLD/asiapcf/11/24/un.srilanka/

country. The irony is Tamil IDPs were “dumped on the road” and remain stranded
that the root causes of
Thousands of people have “is the lack of assistance at Adampan in Mannar (a
this conflict are being started leaving refugee for those who have been town on the north-western
ignored yet again” – camps in northern Sri released so far,” Amnesty coast),” Amnesty
Mano Ganeshan, MP Lanka, six months after International said in a International said.
the civil war with the Tamil statement The human rights group
rebels ended, but remain “A church group has called on the Sri Lankan
stranded without any reported that people have government to
means of getting home, been bussed from Manik permanently release
aid workers in the area Farm camp and simply civilians whom they said
said. One of the concerns ‘dumped, left on the road’ have been “illegally
detained” in camps.
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

'Sri Lanka failed to provide a “resettlement plan” for IDPs


The Sri Lankan government Many observers warned the said Nimalka Fernando,
has failed to make government that it must spokeswoman for the
Source: Reuters adequate welfare provision organise a structured Democratic People's
for the 136,000 Tamil resettlement programme. Movement. She said the
civilians it plans to release "We are insisting that the government's plan to
from internment camps, International Committee of "haphazardly" send the
rights activists and the Red Cross or the civilians back to their
opposition parties said. UNHCR should be present villages was "seriously
when people are resettled," flawed".
Source: AFP
For Full Report:
http://news.yahoo.com/s/afp/20091122/wl_afp/srilankaunrestrightsrefugee_20091122153834

NGOs Told Not to Complain to UN by President’s Brother


A large international NGO a hugely important point." So for the UN to be less
working in Sri Lanka was But to some, a than concerned with the
told by Basil Rajapaksa to government telling NGOs government tries to cut
deal only with the not to complain to the UN off the flow of
government, and to stop is not a small thing. information to the
Source: Sunday Times complaining to the UN. It was the UN's quiet pull outside world is not a
Inner City Press asked out from Kilinochchi that good sign.
Holmes about this, and he presaged the killing of
said he is "not sure that is civilians that would occur.

Source: Innercitypress
For Full Report: http://www.innercitypress.com/lanka1sri1elections112309.html
Page 3 of 8 TLAP Newsletter
“Sri Lanka Violation of International Laws Continues”
The Elders call to protect rights of Tamil Civilians
The Elders – a group of Archbishop Desmond their serious concerns
eminent global leaders Tutu, signed the letter on about the way in which the
brought together by behalf of his fellow Elders, Sri Lankan government is
Nelson Mandela – have Martti Ahtisaari, Kofi attempting to meet its
made a direct appeal to Annan, Ela Bhatt, Lakhdar resettlement objectives.
the President of Sri Lanka Brahimi, Gro Brundtland, They are particularly
to protect the rights of Fernando Henrique concerned that the
civilians displaced. They Cardoso, Jimmy Carter, international NGOs have
have written to President Graça Machel and Mary had too limited a role in
Rajapaksa to say that they Robinson. monitoring the movement
are “deeply worried” about of people, and have not
The Elders say the
the humanitarian situation had access to all the areas
continued confinement is a
faced by the largely Tamil where people have been
“clear violation of
civilian population who fled returned. Equally worrying
international law” and that
fighting in the north of the are reports that some of
these people are being
country, and warn that this those released have been
denied basic human rights,
could squander hopes for placed in new, closed
including the right to liberty
national reconciliation. camps in their district of
and freedom of movement.
origin by local authorities.
Chair of The Elders,
The Elders also relayed
Source: The Elders
For Full Report: http://theelders.org/media/mediareleases/elders-call-sri-lankan-government-protect-rights-
civilians-displaced-conflict-do “The most worrying
part of the transit
Anger over Tamil Detainees' Fate camps is that nobody
Facing pressure from the ones and are being held actually been resettled. is allowed to even
Obama administration and against their will. Others meet them inside, not
"One of the major
the European Union, the have been released, only
problems with the camps even religious leaders
Sri Lankan government to be taken from their
is that the government is or desperate relatives-
last month launched a homes days later with no
not telling people when or Consortium of
campaign to resettle tens indication of where they
why they are arresting
of thousands of the have gone. Humanitarian
relatives," said Gordon
minority Tamil detainees.
U.S. official, who spoke on Weiss, a spokesman for
But interviews in the
the condition of anonymity, the United Nations in Sri
country's war-ravaged
said that they have so far Lanka. "In a country with a
north reveal that many
been unable to track long history of
civilians have merely been
where exactly IDPs are disappearances, just
shuffled from the large
going. He said they are snatching people creates
camps to smaller transit
hoping to see evidence an incredible atmosphere
soon that they have of fear
Source: Amnesty International
For Full Report: http://www.amnesty.org/en/news-and-updates/news/sri-lankan-army-clashes-detainees-
20090924

Media and ICRC ban continues on war refugees


SRI Lanka has maintained northern district of strict military supervision. Source: Washington Post
its ban on journalists Vavuniya where the The International
reporting the plight of war- government maintains its Committee of the Red
displaced civilians who camp complex remained in Cross said they had also
have been allowed out of place despite them being been denied access to the
their internment camps. declared open. The few camps and there had been
Restrictions on visits to the visits that have been no relaxation of the
allowed have been under restrictions.
Source: AFP
For Full Report: http://www.news.com.au/adelaidenow/story/0,22606,26443362-5005962,00.html
TLAP Newsletter Page 4 of 8
Tamil Refugees Fleeing from Sri Lanka risking their lives
Tamils flee Sri Lanka Fearing Genocide
“We are refugees and we widespread abductions by boat, spent one month
want to get away from and executions at the hiding in a Malaysian
genocide”, spokes person behest of Sri Lankan jungle and then made it
told media. “There are officials. close enough to Australian
women and children on “When people are fleeing waters to prompt the PM
board here. And we are war and genocide, how himself to intervene and
not animals, we are can a country think turn them away.
people, but we are being protecting themselves is Asylum seekers aren’t
Source: ABC treated inhumanely.” - more important than irrational risk-takers who
Tamil refugees escaped helping these people?” put their children’s lives in
“There are people in from Sri Lankan genocide they further told. “The jeopardy for fun. Those
told the media. Tamils are world is for all of fleeing torture, war and
the camps right now victims of war crimes in humankind, we are just persecution long for a
being murdered even Sri Lanka. Journalists for like you except we do not safe, quiet place to call
today as we speak. Democracy in Sri Lanka have a country.” home more than anything
This is why most of have released reports of These refugees escaped, else.
these people here risked everything, got out
Source: Greenleft
have fled from For Full Report: http://www.greenleft.org.au/2009/814/41882
genocide in Sri
Lanka” – Tamil End Sri Lanka's genocide behavior to end flow of Asylum seekers
Refugees as per ABC A Sri Lanka apologist the brutal genocide in Sri the UNHRC mechanism
News labelled asylum seekers in Lanka. was paralysed into
boats off the Canadian Human sufferings aside inaction by the numerically
and Australian shores as host countries become larger number of human
Sri Lanka's unwanted parties to Sri Lanka’s plan rights abuser members.
exports. The objective of to unfairly export the The US and EU stepping
SL and its apologists is unwanted Tamils still in in and providing the
shift the focus of debate Sri Lanka provided there leadership to deliver on
internationally away from are takers. what the failed UNHRC to
war crimes and sanctions The host countries acting deliver is the prayer of
for SL's genocide to the jointly have only to end every Tamil worldwide.
fate of a few asylum SL’s genocide behavior
seekers (78 and 208) with measures outside the
forgetting that the asylum UNHRC especially after
seekers is the creation of
Source: ABC
Source: Groundreport
For Full Report: http://www.groundreport.com/World/End-Sri-Lankas-genocide-behavior-to-end-flow-of-
As_9/2911658

UN grants asylum seekers refugee status


The UNHCR has says Pamela Curr, saver for the Australian
confirmed that some of spokeswoman for the government, but the
the 78 Sri Lankans on Asylum Seeker Resource opposition's immigration
“Help us and save our board the Oceanic Viking Centre. spokesman, Scott
lives, we are your had already been granted The case of the Oceanic Morrison, says the
refugee status, and others Viking thrust the issue of agreement appears to
children - Nine Year
had lodged applications asylum seekers arriving have provided a short cut
Old Asylum Seeker to on boats back onto to resettlement in
with the UN in Indonesia.
the Australian Prime But receiving refugee Australia's political Australia. The only way -
Minister status is only the first step agenda. The deal to get sure way - that people can
and is often followed by a the asylum seekers to get to a safe country.
long wait for resettlement, leave the ship was a face-
Source: Radio Australia
For Full Report: http://www.radioaustralia.net.au/asiapac/stories/200912/s2773882.h
Page 5 of 8 TLAP Newsletter
More Revelations of “War Crimes” and calls for “Inquiry”
Sri Lankan government killed surrendering Tamil Tigers, says general
Sacked commander Tiger’s political wing, referring to Basil and
running for president,
General Sarath Fonseka
Seevaratnam Puleedevan,
head of the group's peace
Gothabaya Rajapaksa.
SRI LANKA
told sunday leader secretariat, and a Tiger
When the three men
approached government
WAR
newspaper that he learned
that Basil [Rajapaska, a
leader known as Ramesh
had been assured through
lines some time after CRIMES
senior presidential adviser] intermediaries by Basil
midnight on 17 May they
walked into a trap, REVEALED
had conveyed this Rajapaksa and Gothabaya
Fonseka suggested.
information to the defence Rajapaksa, brothers of the
Troops opened fire with
secretary, Gothabaya president, that they would
machine guns, killing all “Politically ordered
Rajapaksa, who in turn be given safe conduct.
three and a number of
spoke with Brigadier massacre of people
According to subsequent family members.
Shavendra Silva, who wanted to
accounts, the men were
commander of the army's A Tamil eyewitness surrender or
advised: "Get a piece of
58th division, giving orders account said Nadesan's
white cloth, put up your surrendered" had
not to accommodate any wife, a Sinhalese, called in
hands and walk towards taken place” - UTHR
[Tiger] leaders attempting Sinhali to the soldiers: "He
the other side in a non-
surrender and that they is trying to surrender and
threatening manner."
must all be killed. Fonseka you are shooting him." She
said Balasingham "It [the surrender method] also died in the hail of
Nadesan, head of the was their idea," Fonseka bullets.
told the newspaper,
Source: Guardian
For Full Report: http://www.guardian.co.uk/world/2009/dec/14/srilanka-tamil-leaders-surrender-shot

UN Calls for Gaza Style War Crimes Investigation in Sri Lanka


The Office of the High during the final stages of between the government
Commissioner for Human the country's long-lasting and Tamil Tiger rebels.
Rights is calling for an civil war. "It seems that more clarity
independent, international UN Human Rights is likely to emerge about
investigation of possible Spokesman Rupert who did what to whom and “These people lived
war crimes committed Colville says something whether or not war crimes, through a really
during the last few months like the Gaza Fact-Finding crimes against humanity
of the war in Sri Lanka. Mission is warranted, and other very serious appalling war,
The UN agency says there given the wide spread human rights abuses were surrounded by death
should be a full inquiry into concerns about the committed by one or both and destruction,
what did or did not happen conduct of the war sides," say Colville. running from place to
Source: Voice of America place with nowhere
For Full Report: http://www1.voanews.com/english/news/a-13-2009-10-25-voa7-69779682.html safe to hide – Rupert
Colville, UN Human
France asks Sri Lanka to end emergency, probe war crimes
Rights Spokesman
A top French envoy consequence of ending draconian legislation which
Saturday asked Sri Lanka the war (in May)," he said was also used in August to
to end its state of at the end of three-days of jail an editor for 20 years.
emergency and probe war talks with key Sri Lankan
He echoed international
crimes ahead of a key leaders on the island's
calls to probe alleged war
European Union ruling on human rights situation.
crimes in the final stages
trade concessions to the
"The fact that the conflict is of the fighting and said
troubled island.
over should be an Colombo should allow
"Ending of the emergency opportunity to put an end independent investigations
(in force since 1983) to emergency laws," he to ensure that a culture of
should have been the first said referring to the impunity did not persist.
Source: EU Business
For Full Report: http://www.eubusiness.com/news-eu/srilanka-france.1ck
TLAP Newsletter Page 6 of 8
Ethnic discrimination, Human Rights Violations & Injustice

No justice for Tamil youth drowned by Sri Lankan police


An onlooker videotaped where he ran into the sea. mentally ill.
the murder of a 26-year- Despite his pleas for There is no mechanism
“Many people become old Tamil man by three Sri mercy the officers beat within the policing system
Lankan police officers in him and refused to let him to enforce discipline. The
victims of the system the presence of a large return to shore. one who really bears
daily. Incidents like crowd in the rough seas The video images show responsibility is the
the Bambilipitiya near Bambalapitya how the police officers executive president
murder is just glaring Railway Station in Capital continued to chase and himself.
Colombo. beat him until he slipped The case of Balavarnam
example that
The Police Officers beneath the waves. His Sivakumar will not be any
happened to come to chased Balavarnam body was recovered different. It will be
public attention” – UPI Sivakumar a Tamil lived in moments later. remembered only as
Asia Colombo, who allegedly Sivakumar, an ethnic another shocking incident
had been throwing stones Tamil, was described as a with no follow-up action in
at a train, to the shoreline, skilled mechanic but pursuit of justice.
Source: UPI Asia
For Full Report:
http://www.upiasia.com/Human_Rights/2009/11/02/no_justice_for_youth_drowned_by_police/4869/

Buddhist extremists brutally attack Catholic church in Sri Lanka


More than 1,000 Buddhist Mystical Rose, said “I still Father Lakshman said.
extremists armed with can hear their shouts in The extremists “then
clubs, swords and stones my ears, ‘Cut him to damaged all other motor
ferociously attacked a pieces, kill him’.” bikes, ordinary cycles of
Catholic church in the The attack took place after the poor people including
town of Crooswatta, Sri the 7 p.m., Sunday Mass, a three-wheeler. Some
Lanka destroying the altar, leaving several persons armed with
statues and pews. parishioners wounded. “It swords and batons went
L’Osservatore Romano is obvious that the attack on beating the people.
White vans without reported that Father Jude was well-planned and that There are six Catholics in
Denzil Lakshman, pastor the mob waited for us to the hospital with injuries."
Number Plates of Our Lady of the come out after Mass,”
Source: Cathoic News Agency
For Full Report:
“Unlawful killings
The White Van Abductions Are Back!
perpetrated by
The chilling white van Colombo who assumed style from a funeral
soldiers, police and menace is back. We were that the kidnapping was house.When the incident
paramilitary groups told that the Special Task yet another ransom taking came to be known
with ties to the Force (STF) appeared to incident or was connected internationally and
government are a have its own unique style to the one time white van reaction intensified, the
of snatching people from menace, which had fizzled government rushed to say
major problem in Sri
the city of Colombo. out in recent times. that Vithyatharan was not
Lanka” – EU The alleged ‘abduction’ A few months back a abducted but arrested and
Investigation Report sent chills down many in Tamil newspaper editor detained by the police for
was arrested in similar interrogation.
Source: Sunday Leader
For Full Report: http://www.thesundayleader.lk/2009/12/06/and%E2%80%A6-the-white-vans-are-back/
Page 7 of 8 TLAP Newsletter
"Never Again? What the Holocaust can't teach us about Modern-day Genocide"
Holocaust
There is probably no more purpose-built gas governments that kick one
appropriate single location chambers. ethnic group off its land
than Auschwitz-Birkenau The wider international and force the people into
for grasping the scope of community still only displacement camps
the Nazi horror. But the recognizes genocide in where they become
unprecedented and this one most specific permanent wards of
unequaled nature of that sense. They are always international humanitarian
horror makes it somewhat looking for Birkenau -- agencies - just one place Source: Guardian
inappropriate as a useful expecting industrialized commonly labeled as Darfur Massacre
lesson for preventing killing rather than seeing "slow-motion genocide."
genocide today. When genocide the way it
you're waiting for unfolds today. To get hung up on
something that looks like definitions of "genocide" --
Birkenau, it's almost too In recent years, or "war crimes," "crimes
easy to say, "never governments have not against humanity," or
again." necessarily been "ethnic cleansing" for that
exterminating entire matter -- is to miss the
From March 1942 to late subgroups en masse with point entirely, and the Source: NY Times
1944, Birkenau was the crystal-clear intent. Yet possibility of prevention, Sri Lanka Massacre
largest factory of mass some governments show almost certainly. In other
murder in wartime Europe. no qualms about shelling words, it all comes down
Every day, trains arrived huge numbers of ethnic to politics anyway, so
carrying thousands of minority civilians trapped fooling around with
people, they were sent in confined war zones, as definitions seems
immediately to their we saw in Sri Lanka pointless at best, and
deaths in massive, earlier this year. More deliberate and deadly
common still are delay at worst. Source: The Times
Source: Foreign Policy
For Full Report: http://www.crisisgroup.org/home/index.cfm?id=6416

Editorial Opinion
Gaza and Sri Lanka War Crimes – Why need an Inquiry ?
analysts pointed out that if Sri
UN initiated fact-finding assault was finally stopped 15,102 people injured from Lankan indiscriminate model
mission on the Gaza conflict after significant international January 20 to April 20 2009. The followed in Gaza, the situation
concluded late last year that pressure and political and Times newspaper and other would have been different and
there were clear evidences of media attention. human rights bodies reported of a catastrophic.
serious violations of On contrary, Sri Lanka civilian massacre of more than All evidences pointed out the
international human rights conducted a massive war 20,000 only within the last few potential war crimes and crimes
and humanitarian law against Tamil rebels weeks. Video and other against humanity committed during
committed by Israel and uprooting almost entire Tamil evidences are also emerging now the war in Sri Lanka far exceeds in
Palestinian groups. The population from their on summary execution and extra- all proportions compared to Gaza.
Goldstone's 575-page traditional homes. The war judicial killing of fighters and Going beyond the war crimes, Sri
investigation report further lasted more than 2 years and unarmed civilians. Lanka detained more than 300,000
concluded both parties’ human rights organisations In sharp contrast to Gaza, Sri innocent Tamil civilians forcefully
actions during the conflict consistently reported the use Lanka did not allow any media, under barbed wired camps.
could amount to war crimes, of heavy arms including international aid agencies and Human rights organisations
and possibly crimes against cluster bombs. Aerial even UN close to the war zone. unilaterally are urging an
humanity. The report called bombardment on civilian Media and Journalists were independent inquiry in Sri Lanka.
for the UN Security Council to settlements, temples, threatened and some cases killed Peace organisations also stress
refer the matter to the schools, hospitals was in order to stop the facts coming that justice is a prerequisite for
International Criminal Court if reported almost on a daily out. There were no reconciliation. It is an urgent need
the Israelis or Palestinians fail basis. UN Human Rights communication links with the to reject that Sri Lankan
to investigate the alleged Commission reported 2,800 people under attack and suppressive model not acceptable
abuses themselves. civilians killed and more than unfortunately there were not in any means to International
Israeli assault on the Gaza 7,000 injured from 20 January much international media or community. Unless not proven
Strip that lasted 22 days killed 13 March (in 50 days alone). political attention on Tamil’s otherwise, the credibility on
a total of 1,434 Palestinians US State Department killing even though Tamil International Justice, International
and injured 5,303 including investigation report recorded Diaspora brought it all Law and International Institutions
women and children. The 6,710 people killed and international cities. Some are clearly at stake.
TLAP EVENT HIGHLIGHTS
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independent, non-profit human rights for the Tamil principles. TLAP also
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