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PUCL India initiatives on the SL conflict and petition to the UN

Initiatives by the People’s Union for Civil Liberties, India, in collaboration with other like minded organisations and civil society personalities, in raising the issue of Human Rights violations in Sri Lanka and also initiating an effort to investigate crimes against humanity and war crimes;

This effort in fact is the best documented effort by any organisation in articulating the legal framework on which the present SL regime could be investigated into on both those crimes. It carries substantial information relevant to the accusations:

PEOPLE’S UNION FOR CIVIL LIBERTIES

270-A, Patpar Ganj, Opposite Anand Lok Apartments (Gate-2), Mayur Vihar I, Delhi 110 091

Phone 2275 0014 PP FAX 4215 1459

Founder: Jayaprakash Narayan; Founding President: V M Tarkunde

President: K G Kannabiran; General Secretary: Pushkar Raj;

Vice-Presidents: (all names in alphameric order) Binayak Sen (Chhattisgarh); Mathew Manakattu (Kerala); Prabhakar

Sinha (Bihar); Ravi Kiran Jain (Uttar Pradesh); Sudha Ramalingam (Ms) (Tamil Nadu & Pondicherry); Yogesh V Kamdar

(Mumbai). Secretaries: Ajit Jha, Kavita Srivastava (Ms). Organising Secretaries: Chittaranjan Singh (Uttar Pradesh);

Gautam Thaker (Gujarat); Himanshu Bourai (Ms) (Uttarakhand); Nishant Akhilesh (Jharkhand); P B D’Sa (Karnataka);

Treasurers: D Jagannathan (Delhi); SAA Pinto (Mumbai).

E.mail: puclnat@yahoo.com & puclnat@gmail.com

Please visit PUCL website at www.pucl.org

08th May, 2009

K.G. Kannabiran, President

To

The President,

UN Security Council and other Members

Sub.:

(1) Seeking Immediate UN Military Intervention for Human Protection in Sri Lanka under the `Responsibility to Protect’ Doctrine, and

(2) Reference by the Security Council to the International Criminal Court for

the Prosecution of,

(i) Mahinda Rajapakse, The President of the Democratic Socialist Republic of Sri Lanka;

(ii) Gotabhaya Rajapakse, Secretary, Ministry of Defence, Public Security, Law and Order, Government of Sri Lanka; and

(iii) Lt. General Sarath Fonseka, Army Commander, Sri Lanka

for Commission of Crimes against Humanity and War Crimes under Articles 5,6,7 and 8 of the Rome Statute of the International Criminal Court read with para 138 and 139 of the World Summit Outcome Document, 2005 adopting the `Responsibility to Protect’ Doctrine and Security Council Resolution 1674 of 2006.

Mr. President and Members of the Security Council,

The PUCL is presenting herewith a detailed representation seeking

a) immediate UN military intervention for human protection in Sri Lanka under the

`Responsibility to Protect’ Doctrine;

b) monitoring of the camps of the Internally Displaced People (IDP) by independent

United Nations agencies and

c) reference to the International Criminal Court for prosecution the crimes against

humanity and the war crimes committed by the present Sri Lankan regime.

I. About PUCL

1. The People’s Union for Civil Liberties (henceforth referred to as PUCL) is one of India’s largest human rights organizations. It was formed in the year 1975 by eminent leaders of India’s freedom struggle like Jayaprakash Narayan, Acharya Kripalani and others. PUCL is not affiliated to any political party. It is an independent, non partisan, non governmental organization. The PUCL as a policy does not accept any funding from any institutions or governments. All the members of PUCL work for the organization on a completely voluntary basis and the PUCL has no paid functionaries. The organization has members from all walks of life including former judges of the high courts in India, senior lawyers, doctors, professors, teachers, engineers, scientists, writers and others. Former national Presidents of PUCL have included distinguished jurists Justice V.M. Tarkunde, former Judge of Bombay High Court, Prof. Rajni Kothari, Emeritus Professor and Mr. Rajinder Sachar, former Chief Justice of Delhi High Court. The present National President and the Complainant in this Petition is a senior Advocate of Andhra Pradesh High Court with over 50 years in the legal profession. Over the last 3 decades the PUCL has led many campaigns against human rights violations and seeking justice for victims of humanitarian crimes.

II. Context in Sri Lanka

2. The resumption of military hostilities between the Sri Lankan army and the Liberation Tigers of Tamil Eelam (LTTE) from mid-2006 has resulted in grave and serious humanitarian crisis in the northern part of Sri Lanka. The issue of humanitarian crisis that has engulfed Sri Lankan Tamils is not just an issue of ethnic strife and an internal matter of another sovereign country but a matter of concern in all of South Asia in general and in India in particular given the vast number of refugees of Sri Lankan origin who stay in India and the implications of the war on security in the sub-continent and in view of the `responsibility to protect’ doctrine which casts a responsibility on world citizens to intervene in situations of grave humanitarian crisis and widespread human rights violations.

We are conscious of the fact that several Reports of UN Special Rapporteurs have pointed out to the intransigent stand of the LTTE to comply with humanitarian principles. We believe that all parties to the conflict, including the LTTE, are accountable for human rights violations. However, we equally believe that the responsibility of the Sri Lankan state to respect and act in accordance with internationally recognized human rights norms stands on a higher moral ground with a sense of greater responsibility towards its own citizens as a legitimate government. Hence state action cannot be equated to the actions of non-state players. It is with this basic premise that we address this representation to you.

III. Artillery and aerial bombing of Civilian Safety Zones

3. On 22nd January, 2009, the Government of Sri Lanka unilaterally declared and demarcated “safe zone” areas and made announcements informing all the civilians caught in the war zone to take refuge in those safe zones, commonly called the `no fire zones’. More than 100,000 to 150,000 Tamil civilians have reportedly taken shelter in these areas on the basis of the assurances given by the Sri Lankan army that the area would be safe for civilians and would not come under artillery attacks. There have been persistent reports that there have been thousands of civilian casualties in the safe zones due to heavy bombing by the army. The Sri Lankan army has continuously denied these reports. However a recent report by the United Nations Institute for Training and Research (UNITAR) which came to light on April 27th confirmed the heavy use of artillery and aerial bombing of civilian safety zone (CSZ) by the Sri Lankan armed forces. This act of aggression against unarmed civilians undoubtedly constitutes `war crimes’ and has to be viewed seriously.

IV. Large Scale Civilian Deaths of Tamils

4. The Statement dated 13th March, 2009 of the United Nations High Commissioner for Human Rights, Ms. Navaneetham Pillai ( http://www2.ohchr.org/english/press/newsFrameset-2.htm) points out that between Jan 20th to 7th March, 2009 alone, more than 2800 civilians were killed and more than 7000 persons injured by the Sri Lankan army. Most of these deaths occurred in the no-fire zones where the Sri Lankan government had demarcated safety zones for Tamil civilians to take shelter in.

V. Lack of Food Supplies to the Vanni region

5. The Food Delivery Report for March, 2009 of the United Nations Office of the Resident Coordinator and Humanitarian Coordinator, Sri Lanka dated 13th March, 2009 disclosed that an estimated population of about 15,000 to 190,000 internally displaced persons (IDPs) in the No-Fire Zone (NFZ) required about 3,000 Metric Tonnes of food stuffs monthly. Against this estimate, the amount of food stuff that was actually made available by the Sri Lankan state amounted to only 150 MTs and 224 MTs in February and March, 2009. The huge shortfall meant that vast population of Tamil civilians has been forced to starve and survive with whatever paltry rations they could access. Though thousands have fled the war zones and have been relocated in camps run by the Sri Lankan army, the shortage of food and other essential commodities continue. According to our information the Sri Lankan government is following a deliberate policy of restricting food supplies thereby leaving thousands of Tamils to suffer hunger and die of starvation and neglect.

VI. Indiscriminate Shelling of Hospitals and Denial of Medical Aid

6. Hospitals have not been spared from bombings by Lankan Security forces. The hospital in Udaiyaarkaddu within the so-called safe zone again came under heavy shelling by the Sri Lanka Army on February 5, 2009. At least 7 civilians were killed and 27 wounded in the close vicinity of the makeshift hospital functioning in a school. 2 ambulances and the medical store of the hospital were completely destroyed. A nurse was killed. On 6th February, 2009 Sri Lanka Air Force (SLAF) bombers bombed and fully destroyed Ponnampalam Memorial hospital in Puthukkudiyiruppu (PTK), killing scores and wounding many. 61 patients were killed in the air attack. ICRC and Sri Lanka Red Cross Staff were also injured in PTK town. The SLA and SLAF attacks have included 4 attacks on hospitals (3 on PTK and 1 on Udaiyaarkaddu) and 2 attacks on churches Suthanthirapuram & PTK. Both Kilinochchi District and Mullaitivu District General Hospitals have been Displaced

7. The conditions of the injured, sick and infirm are particularly precarious. According to the International Committee of the Red Cross (ICRC) between 19th February and 29th April more than 12,400 injured persons and their relatives were evacuated from the combat zone by ship (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/sri-lanka-update-300409?opendocument) . However the non-availability of medicines, especially life saving drugs had severely affected hospital services in the no-fire zones. “Given the catastrophic situation of thousands of displaced, sick and wounded people still in the conflict area, the parties must do more to protect them and must allow more food and medicine into the area,” said Monica Zanarelli (http://www.icrc.org/web/eng/siteeng0.nsf/htmlall/sri-lanka-update-300409?opendocument), the ICRC’s deputy head of operations for South Asia. It should be mentioned that the ICRC is amongst the only international relief organisations permitted to work in the war zones and their officials have to use diplomatic language to express their views lest they offend Sri Lankan authorities thereby risking the meager health services they offer to injured, sick and suffering civilians. However her statement describes graphically the grim picture prevailing in the war affected areas.

8. An illustrative list of hospitals which suffered shelling and bombing by the Sri Lankan security forces during the period December 2008 – January 2009 is given in Annexure 1 being submitted with this Representation.

VII. Camps for Internally Displaced Persons (IDPs) – Virtual Detention Camps

9. There are alarming reports that the camps set up by the Sri Lankan government to house the Tamil civilians constituting Internally Displaced People (IDPs) fleeing the war area are unsafe. It is reported that even before the IDPs are brought to these camps youth are separated from the families and taken away to undisclosed destinations. No records are maintained of the names and numbers of such youth separated from their families and their fate is unknown. A matter of serious concern are allegations of rape and sexual violence inflicted on young girls and women by security and paramilitary forces and the existence of forced prostitution rings in these camps.

10. The camps are over crowded, with thousands forced to live in the open with little or no water and sanitation facilities or privacy areas in the case of women. Food supply and medicines continue to be in short supply.

11. There are growing reports that the safety of the IDPs are compromised by the movement of members of the para military forces and informers made up of former Tamil groups acting as para military outfits working in close connection with the Sri Lankan military. Enforced disappearances, abductions and killings are continuously reported from the IDP camps.

VIII. Prohibition of media reporting

12. The Sri Lankan government has ensured that no independent media persons are allowed access to the war zones or to the camps. Even UN agencies and other aid workers have been barred from visiting or working in the area. As a result there is no independent verification of events occurring in the war zones. Whenever media people are allowed access it is by way of a guided tour of specified areas under the watch of security forces without free access to meet with people and collect information. Thus all information emanating from the war zones are only the official statements of the Sri Lankan government. The outside world has no means to verify the same. Anyone violating the government’s ban is visited with serious life threatening consequences. Ms. Anna Neistat, Senior Emergencies Researcher at Human Rights Watch experienced the harsh response of the government when she was visited the IDP centres without permission and was thereafter blacklisted from entering Sri Lanka.

IX. State of Impunity

13. Apart from the humanitarian crisis prevailing in the war zones in the Vanni region following the outbreak of intensified fighting since January, 2009 marked by large scale death of civilians and allegations of enforced disappearances, `white van’ abductions, killings and sexual abuses in the safety / IDP camps, a general state of impunity and human rights abuse characterises state functioning in Sri Lanka. For the last 2 ½ years the Sri Lankan government has used the pretext of waging a `war against terror’ to set up a vast network of police, para-military and military forces across the entire Island state which today have become institutionalized forces of terror. The Report of the UN Human Rights Council highlights the Statement of the UN Commissioner for Human Rights who pointed out that “while Sri Lanka has many of the elements needed for a strong national protection system, in the context of the armed conflict and of emergency measures taken against terrorism, the weakness of the rule of law and prevalence of impunity is alarming” (Para 20, page 7, “Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with Paragraph 15(B) of the Annex to Human Rights Council Resolution 5/1”, 8th April, 2008.). A much more serious indictment has been made by the UN Special Rapporteur on extra judicial, summary or arbitrary executions, Philip Alston, who has pointed out that extra-judicial executions have increased dramatically which have been accompanied by “efforts to dismantle existing mechanisms to ensure the accountability of security forces for human rights violations. It is tempting to ascribe these trends to the failure of ceasefire and the outbreak of hostilities. But this is at best, only a partial explanation” (Para 9, page 6. Report of the Special Rapporteur on Extra judicial, summary or arbitrary executions, Philip Alston, Addendum, Follow-up to Country Recommendations, 14th May, 2008).

14. The Special Rapporteur on extrajudicial, Summary or Arbitrary Executions felt concerned enough to report that the police were engaged in summary executions and that torture was the main cause of deaths in police custody. More importantly he pointed out that the vast number of custodial deaths was caused not by rogue police but by ordinary police officers taking part in established routine.( Para 10, page 6, “Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with Paragraph 15(B) of the Annex to Human Rights Council Resolution 5/1”, 8th April, 2008.) The working group on enforced or involuntary disappearances noted at the end of 2007 that there were 5516 outstanding cases. The working group also pointed out that the increase in reported cases of recent enforced disappearances seem to indicate a “wide spread pattern of disappearances”(Working group, A/HRC/7/2, para.344 referred in para.12, “Compilation Prepared by the Office of the High Commissioner for Human Rights, in accordance with Paragraph 15(B) of the Annex to Human Rights Council Resolution 5/1”, 8th April, 2008.)

15. We would like to stress here that the state supported architecture of terror is terrorizing not just Sri Lankan Tamils of northern Sri Lanka but also all other Sri Lankans who may be seen as dissenters against the ruling regime or are seeking accountability from it. It may not be out of place here to refer to a letter dated Apr. 28, 2008 signed by 13 civil society organizations (CSOs) of Sri Lanka to the Heads of Nations across the world seeking their support to vote out Sri Lanka from the UN Human Rights Council (Bi-annual elections of Human Rights Council held in May, 2008). The CSOs strikingly pointed out, “the government has permitted National Security concerns to outweigh the protection of fundamental rights, particularly of minorities of Sri Lanka. Emergency regulations currently in force enable arbitrary arrest and long term detention with out indictment, as well as  torture. The fact that illegal detentions and torture also take place in cases not related to the conflict, only highlight the deep roots of the current Human Rights crisis” (http://www.cpalanka.org/research_papers civil_society_letter_on_re%20election_of_SL_to_HRC_April%2028.pdf)

X. Killing of Journalists and Media Professionals

16. The present government headed by Mahinda Rajapaksa has systematically targeted the media community to ruthlessly suppress all freedom of expression in the country. The violence unleashed against the media can be gauged by the fact that in the last two and a half years about 20 journalists have been killed and over 35 journalists driven by fear and threat had to flee the country and live in exile. A matter to be noted is that in the killings of journalists, a distinctive feature is the targeting of Tamil journalists, especially those who exposed the human rights abuses of the government. The best known example of the state of terror and impunity is the killing of well known editor of the Sunday Leader, Lasantha Wickramathunge on January 7th, 2009 by a gang in broad daylight as he was traveling in his car from his residence to his office. The killers have still not been apprehended.

17. We attach a list of media workers killed, abducted and arrested between 24th January, 2006 and February, 2009 as an illustration of the state of terror prevailing in Sri Lanka.

XI. List of UN Reports

18. The continuous reign of state terror, state of impunity and massive human rights violations committed by state agencies in Sri Lanka, the systematic dismantling of existing democratic institutions by the Sri Lankan government leading to the ineffectiveness of existing judicial institutions to ensure justice to the victims have been systematically documented by expert bodies of the United Nations itself. The following is a list of some of the reports of UN Rapporteurs.

  • Report of the UN Special Rapporteur on Extra Judicial Summary or Arbitrary Executions, Philip Alston on his mission to Sri Lanka from 28th November to 6th December, 2005, March 27, 2006 (UN Document: E/CN.4/2006/53/Add.5).
  • Conclusions and Recommendations of the Committee against Torture, Dec 15, 2005 (UN Document: CAT/C/LKA/CO/2).
  • Report of the UN Special Rapporteur on Extra Judicial Summary or Arbitrary Executions, Philip Alston to the UN Human Rights Council, Sep 19, 2006.
  • Statement on Sri Lanka from the UN Special Adviser on Children and Armed Conflict in Sri Lanka, Alan Rock, Nov 13, 2006.
  • Conclusions of the Working Group on Children and Armed Conflict in Sri Lanka, June 13, 2007 (UN Document: S/AC.51/2007/9).
  • Report of the Secretary General on Children in Armed Conflict in Sri Lanka, Dec 21, 2007 (UN Document: S/2007/758).
  • Report of the Working Group on Enforced or Involuntary Disappearances, January 10th, 2008 (UN Document: A/HRC/7/2).
  • Report of the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak, 26th February, 2008 (UN Document: A/ HRC/7/3/Add. 6).
  • Annual Reports of the Working Group on the Universal Periodic Review

(UPR) of the UN Human Rights Council 2007, 2008 and 2009.

19. Apart from the above mentioned UN Reports there are also well documented and detailed reports by respected international human rights organisations like Human Rights Watch, Asian Forum for Human Rights and Development, International Crisis Group and Amnesty International, and Sri Lanka based groups like the University Teachers for Human Rights (Jaffna), Centre for Policy Alternatives, Colombo and other organisations which provide detailed information about the wide spread prevalence of human rights violations in Sri Lanka.

XII. Response of the Sri Lankan Government – Denial and Abuse

20. The Sri Lankan Government has been exhibiting a remarkably hostile and aggressive response to any complaint of human rights violations committed by any of its forces. Often times the response is not merely one of denial of any wrong doing but characterized by a virulent counter attack on the person or organisation forwarding the complaint as being `terrorists’ themselves or representing the LTTE.

The Sri Lankan Government has not stopped at launching a vilification campaign against anyone challenging their actions including in inciting violent attacks on the persons concerned. This much is reflected in an open letter written to President Rajapaksa by an International Coalition of International Press Freedom and Human Rights Organisations on 11th April, 2008 which pointed out that “Senior members of the Sri Lankan government and security personnel have made inflammatory comments condemning journalists as traitors, implicitly allowing for the incitement of violence against journalists and media institutions” (http://www.freemediasrilanka.org/English/news.php?id=904&section=news)

21. The Sri Lankan government officials and ministers have never hesitated at calling UN senior Officials themselves as terrorists and terrorist supporters. Foreign diplomats were not spared the personalized verbal assaults on their bona fides and integrity. This type of personalized attack was pointed out by British MPs in a debate on Sri Lanka in the House of Commons on 18th December, 2008.

22. The standard ploy of the Sri Lankan Government denying any questioning of its policies stands exposed in the context of the claim of the number of civilians caught in a shrinking land mass in the Vanni areas since the outbreak of the final assault launched in January, 2009. While the UN agencies consistently pointed out that close to 180000 to 250,000 civilians were trapped in a shrinking land mass, the Sri Lankan government deliberated understated the population as numbering only 70,000 subsequently reduced to 30,000 civilians. This was done to deliberately mislead the world community.

XIII. Responsibility to Protect: Military intervention for human protection

23.It is pertinent to point out that vide para 138 and 139 of the World Summit Outcome Document, 2005 the General Assembly of the United Nations unanimously adopted the `Responsibility to Protect’ Doctrine which recognizes that every individual state has the responsibility to protect its population from genocide, war crimes, ethnic cleansing and crimes against humanity which responsibility includes prevention of such crimes, including their incitement, through appropriate and necessary means. Where national authorities have manifestly failed to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity the responsibility to protect the victims of grave humanitarian crimes devolves on the international community through the United Nations, and more particularly through the Security Council and where peaceful means have been inadequate the Security Council is mandated to initiate collective action in a timely and decisive manner in accordance with the UN Charter, including Chapter VII and international law.

24. The conditions warranting military intervention to protect human rights was elaborated in the 2001 Report of the International Commission on Intervention and State Sovereignty(http://www.iciss.ca/report2-en.asp)  which formed the basis for the adoption by the UN General Assembly of the `Responsibility to Protect’ Doctrine. As the Commission explained, military intervention for human protection purposes is justified in two broad sets of circumstances, namely in order to halt or avert:

large scale loss of life, actual or apprehended, with genocidal intent or not, which is the product either of deliberate state action, or state neglect or inability to act, or a failed state situation; or

large scale “ethnic cleansing,” actual or apprehended, whether carried out by killing, forced expulsion, acts of terror or rape.

25. If either or both of these conditions are satisfied, the “just cause” component of the decision to intervene is amply satisfied. (para 4.19). The Commission also pointed out that the decision to militarily intervene was to be taken only in exceptional circumstances when the violence was of such a scale as to “shock the conscience of mankind” or which present such a clear and present danger to international security, that they require coercive military intervention. (para 4.13).

26. The ethnic war in Sri Lanka has witnessed the deaths of thousands of civilians including women, children and elderly. Grievous injuries have been caused to many thousands more. Bombings of civilians by Sri Lankan Security still continue. There is imminent danger of death to thousands of civilians in the coming days. The survivors face precarious and insecure lives encountering lack of basic amenities as well as constant fear of abductions, enforced disappearances, and extrajudicial killings on grounds of being LTTE suspects. The brutal human rights atrocities such as torture and killing with impunity has shocked the `conscience of the world community’. There is absolutely no sense of security or personal safety of survivors at the hands of the Sri Lankan authorities who are manning the safety camps.

27. The impact of the war in Sri Lanka is not limited to the Island nation alone. The war has caused unrest in South Asian region and poses a serious danger to international security. It can no longer be viewed as an internal problem of the Sri Lankan state. Hence the situation warrants immediate military intervention for human protection.

XIV. Reference to the International Criminal Court for the Prosecution of Sri

Lankan authorities for Crimes against Humanity and War Crimes.

28. The PUCL requests the United Nations Security Council to make a reference as per Art. 13(b) of the Rome Statute of the International Criminal Court to the Prosecutor of the International Criminal Court, to investigate and prosecute under the Rome Statute, Chapter VII of the UN Charter and other relevant statutes the following persons:

(i) Mahinda Rajapaksa, President of the Democratic Socialist Republic of Sri Lanka,

(ii) Gothabaya Rajapaksa, Secretary, Ministry of Defence, Public Security, Law and Order, Government of Sri Lanka, and

(iii) Sarath Fonseka, Army Commander.

for the commission of crimes against humanity and war crimes as elaborated in Articles 7 and 8 of the Rome Statute of the ICC.

29. It will be pertinent to note that the preamble to the Statute elaborates that the purpose of the Rome Statute is to ensure that the most serious crimes concerned to the international community as a whole must not go unpunished and that there effective prosecution must be ensured by taking measures at the national level and by enhancing international co-operation. The preamble also reaffirms to resolves to guarantee lasting respect for the enforcement of international justice. It is towards these ends and for the sake of the future and present generation an independent permanent international criminal court in relation with the United Nation system has been established with jurisdiction of the most serious crimes of concern to the international community as a whole.

30. The PUCL would like to bring to the notice of Security Council that the above mentioned persons are responsible for the commission of crimes against humanity as part of a widespread or systematic attack directed against civilian population. The accused are guilty of the following crimes against humanity.

i). Murder; (Art. 7 (1) (a))

ii). Extermination; ‘Extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population; (Art. 7(1) (b)

read with 7 (2) (b))

iii).Deportation or forcible transfer of population; ‘Deportation or forcible transfer of population’ means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law; (Art. 7 (1) (d)

read with 7 (2) (d))

iv). Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (Art. 7 (1) (e))

v). Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity; (Art.

7(1) (h) read with 7 (2) (g))

vi). Enforced disappearance of persons; ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.

(Art. 7 (1) (i) read with 7 (2) (i))

vii). Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

31. The PUCL is conscious of the fact that the State to which the accused belong to, namely, Sri Lanka is not a signatory to the Rome Statute. We are also aware that the State of Sri Lanka has not given a declaration accepting the jurisdiction of the court under Article 12(3) of the Rome Statute. Under these circumstances the only way in which the Sri Lankan state can be made accountable is by a reference by the Security Council acting under Chapter VII of United Nations to the Prosecutor of the International Criminal Court. As per Article 13(b) of the Rome Statute such a reference would confer jurisdiction to the Prosecutor of the International Criminal Court to exercise powers conferred by Article 15 and to investigate and prosecute for the crimes referred to in Article 5 of the Rome statute committed by the Sri Lankan state.

32. It is submitted that Article 5 of the Rome Statute provides for the crimes within the jurisdiction of the court. As per this Article the International Criminal Court has jurisdiction with respect to the following crimes:

(a) Crime of genocide (Article 6)

(b) Crimes against humanity (Article 7)

(c) War Crimes (Article)

(d) Crimes of Aggression

We are enclosing along with this representation the following annexures:

(1) The List of Hospitals bombed by the Sri Lankan Army.

(2) List of Media workers killed, abducted and arrested by the Sri Lankan security forces.

(3) List of Persons murdered, abducted or disappeared in the Jaffna region in respect of whom official complaints were lodged with the appropriate authorities and regarding whose cases no action has been taken by the Sri Lankan government till date.

The information in the annexures coupled with the reports of the various United Nations authorities and other international human rights groups makes out more than a prima facie case of the complicity of the Sri Lankan state in the commission of these crimes.

33. A brief summary of the provisions of Article 8 detailing the elements of `war crimes’ will be useful to establish yet another grave humanitarian crime committed by the Sri Lankan high officials. Article 8.2(c) and (e) covers cases of war crimes in conflicts not of an international character. The following are some of the main elements of war crimes established by the accounts of UN agencies and others:

Intentionally directing attacks against civilian populations as such; Intentionally directing attacks against buildings dedicated to religion etc. including hospitals and places where the sick and wounded are collected. (8.2(e)(iv).

XV. An Appeal to the Security Council

34. In view of the grave humanitarian threat to thousands of Tamilian civilians in the northern Vanni area of Sri Lanka, the PUCL urges members of the Security Council to rise above partisan considerations and politics of expediency for geopolitical considerations and give a voice to the suffering victims of the war and a brutal state in Sri Lanka. We remain confident that the vast documentation attesting to the grave humanitarian crisis will persuade all members of the Security Council to unanimously agree to immediate military intervention for human protection thereby saving the lives of thousands of civilians.

35. The PUCL points out that if states are allowed to get away with commission of mass murders of its own people and those guilty of mass humanitarian crimes go unpunished, world citizens will lose all faith in the United Nations and in the rule of law. If brute states are permitted to cover their acts under the cloak of sovereignty and internal affairs, then there is little relevance to international doctrines providing for peace and safety of citizens. As far as victims of state brutality are concerned the United Nations and Security Council should be their protector and not the protector of brute regimes who use the context of their holding power to block any demand for accountability for their crimes.

36. The situation in Sri Lanka is very grave. Thousands live under the constant danger of being bombed to death or dying due to starvation and deprivation of basic medical care. Those who survive have to contend with the spectre of insecure life in government run IDP camps where danger stalks in the form of abductions, disappearances, murders, and sexual assaults.

The PUCL demands the following:

(i) That the Security Council immediately decide to launch military

intervention for human protection in Sri Lanka under the

`Responsibility to Protect’ Doctrine.

(ii) That the administration of Camps for IDPs should be taken over

and be under the control of UN agencies;

(iii) The Security Council makes a Reference to the Prosecutor of the

International Criminal Court for prosecuting Mahinda Rajapaksa, Gothabaya Rajapaksa and Sanath Fonseka of the Government of Sri Lanka for committing crimes against humanity and war crimes.

India: 8th May, 2009 (K.G. Kannabiran)

President, People’s Union for Civil Liberties

Annexure 1

List of Hospitals which suffered shelling by the Sri Lankan Security Forces during the

period December, 2008 – January, 2009

Date Location Incident

15/12/08 Mullaitivu Mullaitivu General Hospital came under artillery fire. Minor injuries to 2 patients, damaged ward and medical equipment.

17/12/08 Vaddakachchi 10am SLAF fighter jets bombed refugee settlement 250-300m from Vaddakachchi Hospital.

19/12/08 Mullaitivu Mullaitivu General Hospital

11.30am 5 shells hit hospital causing damage to wards, operating theatre and the Medical Superintendent’s HQ. 2 staff wounded.

20/12/08 Mullaitivu Mullaitivu General Hospital affected by artillery fire, shells exploded inside the hospital grounds.

22/12/08 Kilinochchi Kilinochchi General Hospital 6.20am Airstrike in the vicinity of the hospital, shrapnel hit hospital building. No injuries reported.

25/12/08 Kilinochchi – Kilinochchi General Hospital Shelling landed in the hospital grounds, narrowly missing staff. Damage to new-born nursing section, outpatient department and reception.

30/12/08 Kilinochchi – Kilinochchi General Hospital 4pm. Artillery shells hit hospital causing damage to the building. No injuries reported.

1/1/09 Ambulances unable to proceed from Vanni hospitals to Vavuniya due to fighting

2/1/09 Mullaitivu 5.00am Aerial bombing of petrol station/ bus depot 250m from Mullaitivu General Hospital, killing 4 people and injuring 8.

2/1/09 2 people injured when ambulance convoy transporting seriously ill patients from Tharmapuram PTK to Vavuniya came under artillery fire at Mannaakandal. The ambulances were forced to turn back.

3/1/09 Ambulances unable to proceed from Vanni hospitals to Vavuniya due to fighting.

8/1/09 Tharmapuram Tharmapuram Hospital. 1.20pm Artillery shells fired at Tharmapuran Junction 75m from the hospital. Hospital was filled beyond capacity treating the injured while at the same time, people sought shelter in the hospital grounds [7 killed, in the attack].

10/1/09 PTK PTK Hospital (Ponnambalam Teaching Hospital) 11pm Artillery shells fired at IDP settlement located behind PTK hospital.

13/1/09 PTK PTK Hospital 10am hospital attacked, 1 killed, 6 wounded. Patients were forced to flee the wards to seek shelter from the artillery fire.

Annexure 2

SRI LANKA – List of media workers killed, abducted and arrested

MEDIA WORKERS KILLED,

24 January 2006

Subramaniyam Sukirtharajan (Journalist) - On January 24, Sugirdharajan, a Trincomalee port employee as well as a journalist was shot dead as he waited for a bus to go to work in the morning. He had published photographs and news reports critical of the army and of paramilitary groups active in Trincomalee, in the newspaper Sudaroli Oli. His photographs of the 5 students killed in Trincomalee on January 2 helped contest the original reports that they had been killed by grenades.

Suresh Kumar and Ranjith Kumar – May 3, 2006

As media workers gathered in Colombo to celebrate World Press Freedom Day, a group of unidentified men attacked the office of the Uthayan newspaper in the northern city of  Jaffna. Suresh Kumar, the Marketing Manager and Ranjith Kumar, a worker in the circulation department, were killed during this attack. Five others were injured and the office was damaged. The police took 6 persons in custody.

Sampa Lakmal de Silva – July 2, 2006

Freelance journalist Sampath Lakmal de Silva was shot dead by an unknown group. He was abducted at 5.00am from his home in Borallasgamuwa, south of Colombo. His body was found three kilometres from his home.

Marithas Manojanraj – August 1, 2006

Newspaper vendor Marithas Manojanraj was killed by a mine that detonated as he was on his way to Jaffna on July 27 to collect newspapers for distribution.

Sathasivam Baskaran – August 16, 2006

Sathasivan Baskaran, driver and the distributor of the Jaffna-based Uthayan newspaper, was shot dead in his Uthayan delivery vehicle after taking advantage of the temporary lifting of a curfew to deliver copies of the newspaper. He was shot in his clearly marked vehicle in an area controlled by the Sri Lankan armed forces.

Sinnathamby Sivamaharajah – August 21 2006

Sinnathamby Sivamaharajah, managing director of the Jaffna-based Tamil newspaper Namathu Eelanadu, was shot dead in Vellippalai. As a consequence of the murder, the publication of the newspaper was stopped.

Rushika Prasadini (killed in accident on her way to work)– December 19, 2006 Rukshika Prasadini, a journalist, was injured in a car accident with another vehicle driven by a diplomat. She later died in Colombo as a result of her injuries. Her family is seeking justice for the tragic death; however, they are facing obstacles due to the involvement of diplomatic immunity.

Subash Chandraboas, (Journalist) – 16th April

The editor of the Tamil-language monthly magazine “Nilam” (”the Ground”), Subash Chandraboas, aged 32, married and father of an eight-year-old daughter, was shot dead on 16 April 2007 at about 7:30 p.m (local time) at his residence in Thirunavatkulam, Vavuniya.

Selvaraj Rajivarnam (journalist) – 30th April 2007

Selvarahj Rajivarman, journalist of Uthyan daily shot dead on 30th April 2007 in Jaffna. He was the crime reporter, who reported on killings and disappearances taking place in Jaffna.

Nilakshan Sahadavan (22) – 30th April 2007

A journalist student of Jaffna Media Resource Training Centre (MRTC) and a part time journalist was shot dead this morning by unknown gunmen. Motorbike riding gunmen woke him up at their family home in Kokuvil, Jaffna around 4.00 am and shot him injuring seriously. Kokuvil, just 3 miles away from Jaffna city, is heavily guarded by Sri Lanka military and the shooting took place during the curfew hours.

27th Nov 2007

SL government jets bombs Voice of Tigers radio station in Kilinocchi around 4.30pm 17th Nov 2007 killing 11 civilians among them were three media workers of VOT.

Isaivizhi Chempiyan alias Subajini, media staff VOT

Suresh Linbiyo, a technical desk worker media staff VOT

T. Tharmalingam- media staff VOT

W .Gunasingha (killed in a claymore attack)- 6th December 2007

Kebithigollewa provincial corresponded of Sinhala daily Divaina, was killed on 6th December when the bus he was travelling was hit by a claymore mine killing 16 people.

Paranirupasingham Devakumar – 28th May 2008

Sirasa, Shakthi and MTV Television Network Jaffna district correspondent P. Devakumar was hacked to death om 28th May. in Navanthurei on his way home from Jaffna town. A friend of Devakumar was also killed by in the attack. Devakumar, a resident of Vaddukoddai, Jaffna, was 36 years old and married for one year. He had worked for MTV for nearly three years.

MEDIA WORKERS MISSING OR ABDUCTED

Nadarajah Guruparan – 28th Aug 2006

Director news, Sooriyan FM radio Nadarajah Guruparan is reported to be missing FMM on the morning of 28th August 2006. Sooriyn FM was the popular Tamil language channel of ABC radio net work based in Colombo. He was released after 12 hours, mainly due to intense campaigning by local and international press freedom organisations.

M.A Sisira Priyankara; M.L.Senaviratna; Nihal Serasinghe – 28th Nov 2006

Three activists of the Sri Lanka Railway trade union and its publication ‘Akuna’ were abducted on 5th Feb 2007. the publisher of the newspaper M.A Sisira Priyankara(38), layout designer M.L.Senaviratna(35) and another activist Nihal Serasinghe(40) were abducted from suburbs of Colombo. They were later fond in police custody and government accused them of working with LTTE in creating a southern armed group.

Subramaniam Ramachandran, – February 15, 2007

The correspondent of the Tamil dailies Thinakural and Valampuri was abducted by an unknown group and is feared dead.

Pakkiyanathan Vijayashanthan – 18th May 2007

Pakkiyanathan Vijayashanthan alias Vijayan, who had been a journalist and actor, was reported missing on 18th may 2007. He worked for a Tamil daily as a Trincomalee correspondent and later edited Saamadana Nokku, Tamil edition of Peace Monitor, a publication of the Centre for Policy Alternatives up to 2004. He was released early 19th morning, due to intense campaigning by media and HR organizations in the country.

Anthonypillai Sherin Sithranjan – 5th November 2007

A newspaper delivery person of Jaffna based Tamil daily Yal Thinakkural, Mr. Anthonypillai Sherin Sithranjan was reported missing since 5th November 2007. Mr. Anthonypillai is 36 years old, married and father of one child. He lived at Uyarappulm, Annaikkottai, Jaffna. He went missing after taking papers for distribution from Yarl Thinakkural office in K.K.S Road at 6:00 a.m. on 5th November.

Vadivel Nimalarajah – 17th November 2007

Mr. Vadivel Nimalarajah, proof reader of Jaffna based Uthayan newspaper reported missing since 17th November 2007. He has been with Uthayan newspaper for last three years as night proof reader. Mr. V. Nimalarajah was cycling on his way home when he was abducted by unidentified group near the Navalar Road railway crossing around 7.30 am. He is 31 years old, unmarried and lived at Nicholas Lane, Kachcheri Nallur Road, Jaffna.

Keith Noyahr – 22nd May

Keith Noyahr, Deputy Editor and Defense analyst of the English weekly The Nation was abducted late evening 22nd May and dropped near his home early 23rd morning, after mercilessly assaulting him. There is no other reason for abducting and assaulting his independent him than his writing and analysis of the war in the North. Hand cupped and blindfolded by the abductors he was asked to revel his military sources.

MEDIA WORKERS ARRESTED

Sivaramya 1st May 2007

Female journalists and a relief announcer Sivarmya was arrested at the entrance of World press freedom day conference organized by UNESCO in Colombo on 1st May 2007. She was labeled as a suspected suicide carder of LTTE by government media planning to kill a government minister. She was released on 3rd after representations by UNESCO and local

media organizations. Later she filed a FR case against the government at Supreme court and wan the case.

Tiran Alles – 30th May 2007

The Chairman of Standard Newspapers Ltd. and former Civil Aviation Authority Chairman Tiran Alles was remanded on the 30th of May till June 13. The Terrorist Investigatin Division (TID) earlier visited Mr. Alles at a hospital where he was undergoing treatment

and arrested him around 6.45 pm after questioning. He was released without any charges after three months.

Rangan – 02nd Dec. 2007

A journalist with the Tamil daily Sudaroli, Ranga, was arrested in a cordon and search by the Rajagiriya Police and detained for 12 hours. He was released after representations made to the Police by the newspaper and the FMM. No charges were brought against Ranga by the police.

Capucine Henri, C. Siomon – 24th Dec. 2007

Two French journalists detained by the military over videographing a road block was kept

in Police custody over Christmas night in the Rathgama police station, in Galle district. The TV crew of female journalist Capucine Henri and cameraman C. Siomon of the France 24 newschannel were filming a Tamil family visiting their detained relatives on Christmas eve. They were released without any charges on 26th evening after 43 hours.

Arthur Wamanan – 24rd Oct. 2007

The Sunday leader journalist Arthur Wamanan (23) was arrested by Criminal Investigating Department (CID) on a complaint lodged by Minister Mano Wijeratne on 24th Oct. Arthur had called the minister to obtain his comments using his mobile telephone with regard to a story. Mr. Wijeratna complained that he received calls demanding ransom from the journalist. On 26th journalist Arthur Wamanan was granted bail and court reprimanded the CID saying arrests of this nature created a bad precedent besides being a threat to media freedom.

Gemunu Amarasinghe – 12th February

On 12 February 2008, Gemunu Amarasinghe, a photojournalist working for Associated Press (AP), was arrested by Civil Defense Committee members while he was covering students entering Isipathana College, Colombo. He was doing a photo story on the reopening of schools after their being closed for a week. He was handed over to the police by members of the Civil Defense Committee and taken to the Narahenpita police station. He was released nearly two hours later after intervention by media institutions and organizations.

N. Jasiharan, J.S. Tissainayagam, – 6th & 7th March 2008

Number of journalists were taken in for questioning on 7th and 8th of March with some of them held incommunicado for hours by Terrorist Investigation Department (TID). Most of the journalists arrested were associated with www.outreachsl.com, a news and features web site. On 6th March, E-Kwality printing press owner and writer N. Jasiharan was arrested with his partner Valarmathi without any valid reason. On 7th March, the TID arrested the Editor of www.outreachsl.com and freelance journalist, J.S Tissainayagam . Both of them are still in custody. J.S Tissainayagam has filed a FR case against he government at Supreme Court.

K. Wijesinghe, Uthayanan, Ranga Lasantha – 7th & 8th March 2008

Journalists K.Wijesinghe, Camaramen Ranga Lasanatha, and visual editor Unyanan of www.outreachsl.com were arrested on 7th and 8th and they were release on 13th without any charges being made against them.

Wasanthan Sivakumaran – 8th March 2008

S. Sivakumar (alias Balasubramanium Wasanthan) , Spokesperson of the FMM and Editor of the bi-monthly Tamil language Sarinihar magazine was arrested, questioned by Terrorist Investigation Department (TID) and released on the same day. On 7th March TID took one of his cousins into hostage till he appeared at his office. Released

Susanthi Thambirasa, – 27th March 2008

relief announcer released after 18 months. Susanthi Thambirasa, who had been arrested on the charge of being a LTTE suicide bomber nearly one-and-a-half year ago, was freed by the Colombo Magistrate’s Court on Mar. 27th. Earlier on January 31st, the Attorney General informed the Court of Appeal that there were no objections to her release. A resident of Ampara, Susanthi was arrested along with journalist M. Parameswary near Savoy Cinema in Wellawatte on 23rd November 2006. At the time of her arrest, Susanthi was a relief announcer at the Sri Lanka Broadcasting Corporation and also worked at Sunera Foundation, an NGO.

Source: www.freemediasrilanka.org accessed 6th May, 2009.

Annexure 3

List of Persons murdered, abducted or disappeared in the Jaffna region in respect of whom official complaints were lodged with the appropriate authorities and regarding whose cases no action has been taken by the Sri Lankan government till date.

Note: The source of the information in this Annexure is not being disclosed for security reasons.

Murder

1. Mr. Daniyal Santharuban , Erlalai South, Mayilankadu, Chunnakam was abducted by a group of person came by white colour van at Chunnakam (between Chunnakam and Kenthiyalady Junction) on 16.01.2007 around 11.00am. Complainant further mentioned that her husband had been reporting to the civil affairs office Jaffna on every Sunday. His dead body was found at Chunnakam on 22.01.2007

2. Mr. Veerasingam Rathnasingam Kaddudai, Manipay left home to agriculture department in Jaffna on 22.01.2007 around 1.30pm, thereafter he was missing. When the complainant went to agriculture department and questioned about his sonin-law it was told by the officers that he left the department around 2.00pm on the same day. His dead body was found at Chulipuram on 26.01.2007

3. Mr. Gunaratnam Kajenthiran , Suthumalai North, Manipay was working at New Vasantha’s Fancy House, Clock Tower Road, Jaffna. On 25.01.2007 about 8.15am he left home to his work place. Later owner of the Fancy House phoned to the complainant and asked why his son did not attend for work. Usually his son straight away go to the working place. His dead body was found at Ooddumadam on 30.01.2007

4. Mr. Jeyakumaaran Mayooran 30/4, Mooththavinayagar Road, Nallur, Jaffna was abducted on early 31.01.2007 morning around 1.00am around 15 army personnel came to their house and arrested Mr. Jeyakumaaran Mayooran and took him. The complainant further pointed out here two EPDP members also accompanied with army. They took his motorbike (Hero Honda, Splender No. NP GI 7780) and their two mobile phones with them. His dead body was found at Rajapathai, Kopay on 01.02.2007

5. Mr. Thurairajah Sasiharan ,Station Road, Chunnakam was abducted by unknown persons who came to their house in two motorbikes on 04.03.2007 at 10.30pm. He was killed and his dead body was found on 09.03.2007

6. Mr. Rasenthiram Kajan Manthuvil West, Kodikamam was arrested by army patrol troop on 13.06.2007. His dead body was found.

7. 24 January 2006, Sugirdharajan, a Trincomalee port employee as well as a journalist was shot dead as he waited for a bus to go to work in the morning. He had published photographs and news reports critical of the army and of paramilitary groups active in Trincomalee, in the newspaper Sudaroli Oli. His photographs of the 5 students killed in Trincomalee on January 2 helped contest the original reports that they had been killed by grenades.

8. On May 3, 2006 Suresh Kumar, the Marketing Manager and Ranjith Kumar, a worker in the circulation department of Uthayan newspaper in the northern city of Jaffna, were killed at a gathering in Colombo to celebrate World Press Freedom Day as a group of unidentified men attacked the office.

9. On July 2, 2006 Freelance journalist Sampath Lakmal de Silva was shot dead by an unknown group. He was abducted at 5.00am from his home in Borallasgamuwa, south of Colombo. His body was found three kilometres from his home.

10. On August 1, 2006 Newspaper vendor Marithas Manojanraj was killed by a mine that detonated as he was on his way to Jaffna on July 27 to collect newspapers for distribution.

11. On August 16, 2006 Sathasivan Baskaran, driver and the distributor of the Jaffna-based Uthayan newspaper, was shot dead in his Uthayan delivery vehicle after taking advantage of the temporary lifting of a curfew to deliver copies of the newspaper. He was shot in his clearly marked vehicle in an area controlled by the Sri Lankan armed forces.

12. On August 21 2006 Sinnathamby Sivamaharajah, managing director of the Jaffna-based Tamil newspaper Namathu Eelanadu, was shot dead in Vellippalai. As a consequence of the murder, the publication of the newspaper was stopped.

13. On December 19 2006, Rukshika Prasadini, a journalist, was injured in a car accident with another vehicle driven by a diplomat. She later died in Colombo as a result of her injuries. Her family is seeking justice for the tragic death; however, they are facing obstacles due to the involvement of diplomatic immunity.

14. The editor of the Tamil-language monthly magazine “Nilam” (”the Ground”), Subash Chandraboas, aged 32, married and father of an eight-year-old daughter, was shot dead on 16 April 2007 at about 7:30 p.m (local time) at his residence in Thirunavatkulam, Vavuniya.

15. On 30th April 2007 Selvarahj Rajivarman, journalist of Uthyan daily shot dead in Jaffna. He was the crime reporter, who reported on killings and disappearances taking place in Jaffna.

16. On 1st August 2007 Nilakshan Sahadavan (22), a journalist student of Jaffna Media Resource Training Centre (MRTC) and a part time journalists was shot dead this morning by unknown gunmen.Motorbike riding gunmen woke him up at their family home in Kokuvil, Jaffna around 4.00 am and shot him injuring seriously. Kokuvil, just 3 miles away from Jaffna city, is heavily guarded by Sri Lanka military and the shooting took place during the curfew hours.

17. On 27th Nov 2007 SL government jets bombs Voice of Tigers radio station in Kilinocchi around 4.30pm 17th Nov 2007 killing 11 civilians among them were three media workers of VOT. Isaivizhi Chempiyan alias Subajini, media staff VOT Suresh Linbiyo, a technical desk worker medial staff VOT were killed.

18. On 6th December 2007, Kebithigollewa provincial corresponded of Sinhala daily Divaina, was killed when the bus he was travelling was hit by a claymore mine killing 16 people.

19. On 28th May 2008 Paranirupasingham Devakumar Sirasa, Shakthi and MTV Television Network Jaffna district correspondent P. Devakumar was hacked to death. In Navanthurei on his way home from Jaffna town. A friend of Devakumar was also killed by in the attack. Devakumar, a resident of Vaddukoddai, Jaffna, was 36 years old and married for one year. He had worked for MTV for nearly three years.

20. On 28th Aug 2006 Director news, Sooriyan FM radio Nadarajah Guruparan is reported to be missing FMM on the morning of 28th August 2006. Sooriyn FM was the popular Tamil language channel of ABC radio net work based in Colombo. He was released after 12 hours, mainly due to intense campaigning by local and international press freedom organisations.

21. On January 7, 2009 Lasantha Wickramatunge, editor of the Sunday Leader, was murdered in broad daylight during morning rush-hour in Colombo. Wickramatunge was one of Sri most independent-minded journalist. He had earned a global reputation for his campaigning style and was honoured by world bodies for his commitment to transparency and probity in public life.

22. Paranirupasingham Devakumar, a reporter with Maharaja TV in Jaffna, was killed in May in a brutal knife attack during curfew hours just outside Jaffna city.

23. In September 2008, Radhika Devakumar, a journalist who had briefly worked as official spokesman for the provincial government in the east, was shot thrice and critically injured as she walked home in Batticaloa town.

24. On 14 December 2007, Thavarajah, Chairman of the Red Cross Jaffna branch, who won the “best volunteer” award in 2005, was found dead after being abducted in Jaffna:- http://www.bbc.co.uk/sinhala/news/story/2007/12/071219_eu_redcross.shtml

25. On 1 June 2007, two Tamil Red Cross workers, Sinnarajah Shanmuganathan, 38, and Karthigesu Chandramohan, 28, who had come to Colombo for a training program in Tsunami work, were abducted and killed by men claiming to be Sri Lanka Police from Fort Railway Station. Their bodies were found at Kiriella in Ratnapura near Colombo on 3 June 2007:- Two Tamil Red Cross workers abducted, killed, TamilNet, 13 June 2007

26. On 1 April 2007, six ethnic Sinhalese civilians identified as Welage Chandrasiri, T.M. Dhanapala and his 18-year-old son Dhanapala Wijetunga, T. Wijakon, and two brothers, L.M. Dayananda Kapporal and Maduranga Kapporal, working on a post-tsunami construction project, were shot dead. Three others identified as V. U. Nandanage and two Tamils, Indran Pirapaharan and Maduramuththu Nagarasa were injured at Mailampaaveli in the eastern district of Batticaloa. The government blamed the LTTE for the killings but the LTTE denied its involvement and blamed the Karuna group:-

http://www.achrweb.org/Review/2007/16407.htm#_ftnref2

27. On 23 July 2007, Mr. Arumainayagam Alloysius, a Sri Lankan staff member of the Danish Refugee Council was reportedly shot dead by unidentified gunman while he was on his way to work in Jaffna:- Danish aid group says staffer killed in Sri Lanka, The Reuters, 23 July 2007

Source: Confidential

Enforced disappearance of persons

1. Mr. Balasooriyan Rajeef Thunalai West, Karaveddy was arrested by army personnel

in a cordon and search operation at Karaveddy (Kovil Market Area) on 31.12.2006

morning and was taken by army by troops carrier. When the parents try to stop the troops carrier, they were badly assaulted by army.

2. Mr. Thuraisingam Baburaj 346, Chemmany Road, Nayanmarkaddu, Jaffna is an employee of Jaffna Main Post Office. On 04.01.2007 early morning 1.30am, a group of gunmen came to his house in motorbike and broke in to is house and abducted him. When the inmates try to prevent the abduction they were assaulted and were scolded with abusive language. Even females were scolded with filthy and were assaulted by the gunmen.

3. Ms. Mankayakkarasi Mathiyaparanam Amman Road, Thirunelvely West, Thirunelvely went to her aunt’s house at Mallakam on 03.01.2007 about 9.30am, then she left from there at about 3.30pm to return home, but she did not come back.

4. Mr. Saravanamuthu Arumuganavalar Kadavaippulam, Chunnakam was abducted by a group of gunmen consisting 20 – 25 persons who broke in to his house on 01.01.2007 around 11.30pm.

5. Mr.Raveedran Rajeenthan Kokuvil West, Kokuvil was abducted by 10 gunmen who broke into the house by white colour van and abducted him on 03.01.2007 early morning 12.30. When the inmates try to prevent the abduction they were assaulted and were scolded with abusive language. At the same time when his father begged them to release him, he was shot at his leg and presently he is admitted at the Jaffna Hospital.

6. Mr. Subramaniyam Parameswaran No 11, Racca Road, Jaffna was abducted On 04.01.2007 at midnight 12 o’clock by a group of gunmen who came to their house and introduced them as Sri Lankan Police, and asked to open the door. Due to the fear they did not open the door then the gunmen broke in to the house and took Mr. Subramaniyam Parameswaran. When the inmates try to prevent the abduction the gunmen threatened them with gun.

7. Ms. Sivagnanam Nirojini Meesalai East, Meesalai presently Salvation army hostel, Borella is working at Salvationamy Hostel. On 23.12.2006 she left to her aunt’s house from hostel, thereafter she was missing.

8. Mr. Thirunavukarasu Ratnasabapathi Uduvil East, Chunnakam left home to go to shop at Thurai Veethy, Inuvil, thereafter he was missing, up to now no message him.

9. Mr. Seevaratnam Niranjan,, Moothavinayagar Veethy Nallur, Jaffna was abducted by 5 army personnel attached to Navatkuli army camp who came to his house and forcibly took him on 07.01.2007 at 8.45pm. When they took him it was told that he would be released, but army refused it and no message up to now.

10. Mr. Poobalasingam Rameshkumar, Siththivinayagar Veethy Navatkuli, Kaythadi was forcibly took from his house by army attached to Navatkuli army camp on 08.01.2007 early morning at 12.30. Up to date no message.

11. Mr. Subramaniyam Selvarajah ‘Tharmakulasingam’ Sanasamuganilayam, Valvettithurai went to Nelliyady to buy cloths on 06.01.2007 at 5.30 pm thereafter he did not return home. It was informed to the complainant that he was arrested by army at Malu junction near Telecom but did not release yet.

12. Mr. Paramsothi Tharan Sayan Murukiah Kovilady, Puloly, Point Pedro is an A/L student of Point Pedro Velautham Maha Vidyalayam. He left home to go to Tuition Class at about 11.00am, but he did not return back.

13. Mr.Murukananthan Pirapananthan 600/A, Viyaparimoolai, Alvai, Kaaraiyady Manal, Point Pedro is an A/L student of Hartly College. He was missing after he went his friend’s house on 15.01.2007 about 1.30pm. The complainant came to know that he was taken by some army personnel who came by troop’s carrier to his friend’s house at Vathiri in Nelliyady

14. Mr. Sellathurai Jeyanthan Kumaran Kulam, Thunnalai South, Karaveddy was arrested by the army between Kalikai Junction and Manthikai Junction on 12.01.2007 around 4.30pm. One of the known persons to the complainant had seen the arrest made by the army personnel who came by motorbike. But the army refused the arrest.

15. Ms. Vasanthan Anista Usan, Mirusuvil left home to go to her husband’s house on 10.08.2006 in Vanni, thereafter no contacts with her. Up to now no message about her.

16. Mr. Sivasubramaniyam Regan Adiyapatham Road, Kalviyankadu, Jaffna. Mr. Sivasubramaniyam Regan Adiyapatham Road, Kalviyankadu, Jaffna was abducted by a group of gunmen broke in to their house and abducted him on 18.01.2007 at 4.00am.

17. Mr. Nahendran Thayalan Uyarappulam, Aanaikkoddai was abducted by a group of gunmen came by white colour van at Pallankaddu Junction (Between Kakkaithevu and Savatkadu) on 19.01.2007 about 9.30am.

18. Mr. Rajendran Thevanesan Barathy Pulam, Campus Road, Thirunelveli, Jaffna came to Colombo from Doha on August 15, 2006. Then he came to Vavuniya on August 17, 2006 and stayed with his friend Mr. Jeyakumar at Thekkavaththai. Thereafter he left from his friend’s house in Vavuniya to go Batticaloa in September 2006 but he did not reach there. Up to now no message about him.

19. Mr. Sittampalam Pulenthiran, 5/4, Eachchamooddai Chundikuli, Jaffna was abducted by a group of gunmen who came to his house and took him on 22.01.2007 early morning 12.30am. While he was taken the gunmen told to the inmates that he would be released after the investigation. Up to date no information about him.

20. Mr. Velautham Emil Pramittan, 17/2, Mathews Road, Jaffna was abducted by a group of gunmen who came to their house on 22.01.2007 around 1.30am. When the inmates shouted the neighbours came to the spot then the gunmen assaulted the neighbours and made the open fire and took him.

21. Mr. Kumaravelu Suthakaran , Thirunelvely East Thirunelvely was abducted by three gunmen who were wearing army uniform came to their house and searched the house, and took Mr. Kumaravelu Suthakaran on 21.01.2007 early morning 12.30am. When they took him they told that they would release him after the investigation, but up to date no message.

22. Mr. Kanapathippillai Kajendran, Chavakachcheri North, Chavakachcheri is working at Chandran Stores, Hospital Road, Jaffna. On 18.01.2007 in the morning he left the home to go to his working place and around 10.30 he informed to the complainant he was at Jaffna. On the following day complainant try to contact his son over the hand phone but it was continually off and at the moment no message about him.

23. Mr. Akamparam Jeyaruban ,Kaithady Centre Kaithady went to the shop at Kaithady Junction to buy some provisions on 20.01.2007 about 5.00pm, thereafter he has not returned to home.

24. Mr. Kundusamy Nagaraj, 187/5, Kilnar Lane, Jaffna was distributing the shot eats to the small hotels in Chavakachcheri, Nelliyady, Thirunelvely, Karainagar, Kayts, Velanai. On 21.01.2007 at 1.30pm he went to distribute the shot eats to his customers, thereafter he was missing.

25. Mr. Junith Rex Simsan, 16/5, Mathews Road, Jaffna was abducted on 23.01.2007 early morning around 1 o’clock when some gunmen came to their house.Complainant pointed out that on the previous day around 2.15pm around 35 army personnel came to their house and checked the house. Further army personnel checked all the documents of the inmates. Therefore the complainant is suspecting her son would have been taken by army.

26. Mr. Murugathasan Premsunthar, 8/1, Perumaal Kovilady, Jaffna is a businessman. On 20.01.2007 at 8.00am he left the home for his business purpose, thereafter he was missing.

27. Mr. Nadesalingam Rajkumar Goldsmiths Road, Sangaththanai, Chavakachcheri and his two other friends were arrested by the army personnel at Kerudavil Junction on 23.01.2007. Later his both friends were released by army. But he was not released up to date. According to his friends after they were taken to the Kanakampuliyady Army Camp both of them were released, and Mr. Nadesalingam Rajkumar was not released and he was being kept in the camp.

28. Mr. Sothirajah Mohanakanth, 80, Kachcheri Nallur Road, Jaffna was abducted on 25.01.2007 early morning around 1.15am some army soldiers came by troop’s carrier to their house and arrested Mr. Sothirajah Mohanakanth. When the inmates try to prevent the arrest they were assaulted by the army personnel and they damaged their house also.

29. Mr. Kandasamy Saseeskanna 42, Manipay Road, Jaffna was abducted on 25.01.2007 early morning around 1.15am some army soldiers came by troop’s carrier to his aunt’s house at No.80, Kachcheri Nallur Road, Jaffna and arrested him. When the inmates try to prevent the arrest they were assaulted by the army personnel and they damaged their house also.

30. Mr. Thiraviyanathan Thiraviyavendan, 312, Ukkulankulam, Vavuniya Presently No.80, Kachcheri Nallur Road, Jaffna was abducted on 25.01.2007 early morning around 1.15am some army soldiers came by troop’s carrier to their house and arrested her son Mr. Thiraviyanathan Thiraviyaventhan. When the inmates try to prevent the arrest they were assaulted by the army personnel and they damaged their house also.

31. Mr. Kanthasamy Chandrakumar Ward No. 4, Velanai East, Velanai was arrested by the Navy personnel on 24.01.2007 around 11.00am from his tailoring shop at Vangalady Junction, Velanai. When he was taken it was told that he would be handed over to the police.

32. Mr. Kangesan Mayooran, 108/7, Kachcheri Nallur Road, Jaffna left home to go to Commercial Bank on 24.01.2007 at 10.00am, thereafter he was missing.

33. Mr. Ponnaiyah Sureshkumar Vellaampokkaddy, Kodikamam, Jaffna was asked by the army officers attached to the Kodikamam army camp to report to the camp on 24.01.2007. Accordingly on 24.01.2007 about 9.30am he left home to go to camp thereafter he was missing.

34. Mr. Thampirajah Thamayanthan School Road, Anaikkoddai, Jaffna left home to visit his relative’s house in Nallur on 10.01.2007, thereafter he was missing. According to the relative he met her and left the home around 2.30pm.

35. Mr. Kandasamy Prabakar, Sarasalai North Chavakachcheri went to Colombo to getting driving licence on 05.07.2006 and he returned to Vavuniya and stayed there. At last on 01.01.2007 he contacted with the complainant over the phone, telling that he wants to return to Jaffna by ship. Thereafter he did not come and no message about him.

36. Mr. Balasubramaniyam Mathanaseelan Maavady, Samarabagu, Valvettithurai left home to attend a wedding of his relative’s on 28.01.2007 around 2.00pm, thereafter he was missing. Later she came to know that he was arrested by the army in Valvettithurai while he was waiting for the bus at the bus stand in Valvettithurai.

37. Mr. Sivarajah Sabesan Paththini Amman Kovilady, Kamparmallai, Valvettithurai, Jaffna left home to go to shop to buy bread on 28.01.2007 around 3.00pm, thereafter he was missing. Complainant came to known that he was shot by army, and arrested by them in Valvettithurai. Thereafter he was taken by army to the Oorani hospital for the treatment for the shooting injury

38. Mr. Yogarajah Mathanraj (26), No.17, New Sivan Road Nallur, Jaffna has been missing since 31.01.2007. He was arrested by Kotahena police on 29.01.2007 at about 5.30pm and was released by them on the next day at about 7.00pm, but he did not reach to his residence. Thereafter he was missing.

39. Mr. Markandu Vijeyasuresh 50/32, Koolavady, Koddady, Jaffna left home for his business purpose on 10.01.2007 around 8.00am, thereafter he was missing.

40. Mr. Ranganathan Ranchan 2nd Lane, Kalasalai Road, Thirunelvely, Jaffna left home on 02.02.2007 around 9:30 pm and thereafter he is missing.

41. Mr. Sellaiyah Surenthiran Mohanathas Veethy, Madduvil East, Chavakachcheri, Jaffna was taken to the camp and handed over him to the army officers. Later around 11.00am when his mother went to the Madaththady Camp she was told that her son was handed over to the Nunavil army camp. Then she went to the Nunavil army camp and was told that her son was not at that camp and ask the details at the Madaththady Army Camp. Thereafter on the same day evening she was told by the army officers at the Madaththady army camp that her son was escaped from their custody. Thereafter no message about him.

42. On 07.02.2007 early morning around 1 o’clock some gunmen broke in to their house and took Mr. Sinnaththurai Vijeyaruban (29). Complainant further pointed out that the gunmen came there by motorbikes.

43. Mr. Kiddinan Krishnarajah, Paththini Amman Kovilady, Valvetti, Valvettithurai, Jaffna was taken by army personnel who came to their house on 07.02.2007 early morning 2 o’clock. Now no message about him.

44. Mr. Jesudasan Jeyaratnam St. Nicolas Church, Navanthurai, Jaffna was stopped by the army personnel who were on duty at Pannai Checkpoint while he was on the way to Allaippiddy to collect the firewood on 07.02.2007 around 7.00am. A person named Mr. S. Baskaran who was accompanied with him informed to the complainant about the incident. At the same time another person also informed to the complainant that he had seen Mr. Jesudasan Jeyaratnam was involving some work with the army personnel at the Pannai Checkpoint around 1.00pm on the same day. When the complainant went to the Pannai Checkpoint and asked about her husband, she was told that her husband was released by them immediately in the morning. Now he is missing.

45. Mr. Vellaiyan Mohanachandran Kaithady North, Kaithady, Jaffna went to Siruppiddy in Neervely to buy some goods for his business purpose on 07.02.2007, thereafter he has not returned to home. While the complainant was searching her husband in Neervely and Puththur area she was told by some people in the Puththur area that on 07.02.2007 army arrested one person who was identified as a person from Kaithady.

46. Mr. Yohanathan Ramesh 9/1, Palam Road, Kantharmadam, Jaffna was working at Hello Trust. On 08.02.2007 around 6.00am he went to work, thereafter he has not returned home.

47. Mr. Sellaiyah Nicshan Mulli Road, Ariyalai, Jaffna was abducted by a group of gunmen who came by white van to their house on 09.02.2007 around 11.00pm.

48. Mr. Yoganathan Kapilan 24, Ramanathan Road, Nayanmarkaddu, Jaffna was abducted on 10.02.2007. Early morning at around 12.15am a group of gunmen came to their house by a van and took Mr. Yoganathan Kapilan. The gunmen were covering their faces with cloths leaving their eyes.

49. Mr. Saravanamuththu Ramanakumar Suthumalai North, Manipay, Jaffna left home as usual on 09.02.2007 around 4.00pm, thereafter he did not return home.

50. Mr. Joseph Thevakaran Kappanda Muham Chankanai was stopped by unknown gunmen at Kantharmadam on 10.02.2007 at about 9.00am while he was on the way to Mallakam with his wife and he was took by them in a white van.

51. Mr. Ariyanesan VijeyakumarSevvalavu, Chunnakam was abducted early morning around 1.00am . group of gunmen came to his aunt’s house at Kallarai, Mallakam on 10.02.2007.

52. Mr. Rajasingam Suresh No. 111, Mulli Road, Ariyalai, Jaffna was abducted by a group of gunmen from his house on 11.02.2007 early morning 1.00am. When the inmates begged them to release him the gunmen assaulted the inmates and took him.

53. Mr. Nagalingam YoganathanMayilankadu, Erlalai East, Erlalai was abducted On 11.02.2007 early morning around 3.55am a group of gunmen broke in to their house

54. Mr. Kanapathippillai Krishnapavan Periya Kadatkarai, Thondaimanaru has his house very closer to the Thondaimanaru army camp. They don’t stay there and staying some other place. On 11.02.2007 around 11.00am he went to his own house, which is very closer to the camp. Since he did not return to the home up to 4.00pm the complainant went to the house and found that the motorbike, which was used by him was in the house but he was not there. Now he is missing

55. Mr. Nagarajah Nadenthiran 211/132, Temple Road, Jaffna is an employee of Hello Trust. On 09.02.2007 around 7.15am he left home for work as usual, thereafter he did not return home. Up to now no message about him.

56. Mr. Patkunanathan Suhirthan 265, Kanagaratnam Road, Nayanmarkaddu, Nallur, Jaffna left home for his work on 13.02.2007 around 8.30am, thereafter he has not return back. The complainant came to know that he was stopped by the army personnel at Kaladdy Junction (near the Technical College).

57. Mr. Sabaratnam Sathees 595/14, Navalar Road, Nallur, Jaffna left home with his friend namely Mr. S. Subaskaran to go to bank on 13.02.2007 around 10.30am, thereafter he did not return home. The complainant came to know that he was stopped by the army personnel at Kaladdy Junction (near the Technical College).

58. Mr. Sanmugarasa Subaskaran ward no.5 Analaithevu left home with one of the EPDP member namely Kantheepan to settle some bank matters in Jaffna on 12.02.2007. After both reached to Jaffna on 13.02.2007 in the morning complainant’s husband went to his friend’s house in Nallur leaving EPDP member at their office.Thereafter both complainant’s husband and his friend namely Mr. Sabaratnam Sathees went to bank, thereafter no message about him. The complainant came to know that he was stopped by the army personnel at Kaladdy Junction (near the Technical College).

59. Mr. Thavarajah Ravivarman, College Road Point Pedro left home to go to hospital on 19.01.2007 at about 10.00am, but he did not return back. Thereafter he was missing.

60. Mr. Sanmuganathan Sujeevan Mooththa Thamby Lane, Manipay left home as usual on 06.02.2007 around 2.00pm, but he did not return home. Thereafter no message about him.

61. Mr. Subramaniam Ramachandran Thunnalai East, Karaveddy is an area reporter (Karaveddy area) of Thinakkural New Paper. On 15.02.2007 at about 6.45pm while he was on the way to his house with his friend, one unknown person stopped them near the Valliyanantham Pillaiyar Kovilady, Thunnalai and asked him to follow him. Accordingly he followed him, thereafter he was missing. Further complainant mentioned that according to the villages a white colour van was moving in that area at that time.

62. Mr. Selvaratnam Umasuthan Karaikkal Sivan Kovilady, Inuvil East, Inuvil was abducted by 4 unknown gunmen on 17.07.2007 who came to his carpentry shop around 10:30 am.

63. Mr. Pathinather Prasanna 21/3, New Road, Passaiyoor, Jaffna is a fish monger doing sales in the Kalviyankadu Market. As usual on 17.02.2007 at about 10.30am he went for work with fish loaded on his bicycle. Since he did not return to the home up to 2.00pm complainant had started inquiring about her husband. Later she came to know that army personnel came by troop’s carrier stopped two fish mongers along the road at Nayanmarkaddu at about 1.00pm and took them. Thereafter no message about him.

64. Mr. Anton Prabananth 21/4, New Road, Passaiyoor, Jaffna is a fish monger doing sales in the Kalviyankadu Market. As usual on 17.02.2007 at about 10.30am he went for work with fish loaded on his bicycle. Since he did not return home up to 2.00pm complainant had started inquiring about her son. Later she came to know that army personnel came by troop’s carrier stopped two fish mongers along the road at Nayanmarkaddu at about 1.00pm and took them. Thereafter no message about him.

65. Mr. Uthayasekaran Meharathan Meesalai North, Vembirai Kodikamam left home to go to shop to buy Samahan on 08.08.2006 around 12.00noon, but he did not return home. Thereafter he was missing.

66. Mr. Rajakili Vimalaruban Kulamankaal, Mallaham is working as a blacksmith at Mallakam Junction. He left home after the quarrel at his work place.Therefater he is missing.

67. Mr. Kirishnan Pathmasritharan Sinnamadu, Ward No.3, Puliyankoodal Kayts, Jaffna was missing after he was interrogated by the Navy personnel at Mariyamman Kovilady, Puliyankoodal, Velanai on 16.02.2007 around 3.00pm. The complainant has pointed out that some people had seen her husband Mr. Kirishnan Pathmasritharan when he was interrogated by Navy. She further mentioned that before this incident also several times her husband was interrogated by Navy. Thereafter no message about him.

68. Mr.Thangarasa Sivasubramaniyam Atchuvely South, Atchuvely, Jaffna was taken by three men who were wearing army uniform while they were staying at the complainant’s sister’s house at Avarangal Centre, Avarangal on 20.02.2007 around 10.45pm. Thereafter no message about him.

69. Mr. Emmanuvel Kenthira Viviyan 842 Hospital Road Jaffna and his friend Mr. David Arulnesan were taken by army personnel at Pannai Army checkpoint in front of Thuraiyappah stadium on 21.02.2007 around 10.15am, while they were on the way to Jaffna MPCS. Thereafter they were missing.

70. Mr. Visuvasam Amalan Raviraj St. Reetammal Church, Navatkiri Puththur, Jaffna was taken by the army personnel who were wearing army uniform came on motorbike while he was traveling on a bicycle along Rasa Veethy at Navatkiri in Atchuvely area on 20.02.2007 around 4.30pm. Thereafter no message about him.

71. Mr. Thiyagarajah Saran Avarangal East, Puththur Jaffna was arrested by the army personnel who came on four motorbikes to their house on 20.02.2007 around 8.45pm. Complainant has mentioned that initially army personnel came on two motorbikes and interrogated them later they talked to some other people in Sinhala over the phone thereafter some other army personnel came on two motorbikes. The army personnel came their house were wearing army uniform and they were talking in Sinhala and some time in irregular Tamil. The army personnel also assaulted her husband Mr. Thiyagarajah Saran while he was taken by them. Thereafter no message about him.

72. Mr. David Arulnesan Rasavinthoddam, Jaffna and his friend Mr. Emmanuvel Kenthira Viviyan were taken by army personnel at Pannai Army checkpoint in front of Thuraiyappah stadium on 21.02.2007 around 10.15am, while they were on the way to Jaffna MPCS. Thereafter they were missing.

73. Mr. Kesavan Jeyakumar Jamuna Road, Saddanathar Kovilady, Jaffna was taken by army personnel from his uncle’s house which is closer to his house on 23.02.2007 around 11.30pm. Thereafter army personnel brought him to their house and searched the promises. The army personnel were in army uniform and were talking in Sinhala among them and also were talking in irregular Tamil with the inmates.

74. Mr. Iyathurai Rathakrishnan Suthumalai South, Manipay Jaffna was abducted by a group of gunmen who came to their house on 24.02.2007 early morning 1 o’clock. The gunmen were covering their faces with black colour cloths leaving their eyes. While they took him it was told that he would be released after the interrogation.

75. Mr. Vijayaratnam Ahilraj 83/2, Arasady Road, Jaffna is working as a security guard at Commercial Bank in Jaffna Town. On 25.02.2007 he went to the bank, thereafter he has not returned home. Complainant came to know that he left the bank in order to buy the dinner from a hotel at Main Street, Jaffna. Thereafter he did not return to the bank.

76. Mr. Arulvasaham Sasikumar No. 23, Racca Road, Jaffna and complainant and their child went to Jaffna Teaching Hospital on 27.02.2007 around 10.30am. The complainant and her child entered in to the hospital at that time her husband was waiting for them outside the hospital. When complainant came outside the hospital after taking medicine for child her husband Mr. A. Sasikumar was not there and still he is missing.

77. Mr. Vithilingam Mahendran Kachchai South, Kodikamam was taken by army personnel who came there by troop’s carrier while he and his brother – in – law were collecting firewood at bushes in Vembirai area on 02.03.2007 around 11.00am. Now no message about him. According to the brother – in – law Mahendran’s motorbike also was taken by army.

78. Mr. Selvanayagam Rajan Alexsander 42, Somasundaram Avenue, Jaffna left home to buy some provisions at the groceries on 02.03.2007 around 4.00pm, thereafter he was missing. The complainant came to know that he was seen by some known persons, Rajan Alexsander was interrogated by the army at Mulavai Junction (At hospital road) point.

79. Mr. Balakrishnan Isaivaanan In front of Bank of Ceylon, Nelliyady, Karaveddy left home to attend the Tuition class on 01.03.2007, thereafter he was missing. His bicycle was found nearby Luxmi Mini Theatre.

80. Mr. Rasenthiram Meristelin Neervely South, Neervely, Jaffna left home for his work thereafter he did not return. When the complainant was seeking her son Mr. R. Meristelin it was told that he was arrested by the army personnel at Navatkiri and his bicycle also was at Navatkiri St. Treasa’s Church on 20.02.2007.

81. Mr. Eichithar Krishthopar No. 15/7, Eachchamooddai, Beach Road, Jaffna was abducted by a group of gunmen who came to their house by white colour van on 06.03.2007 about 12.30 am. Thereafter no message about him.

82. Mr. Sellamuthu Manokaran Kalvalai Road, Sandilipay, Jaffna was abducted by a group of gunmen who came to their house by white colour van on 05.03.2007 about 9.00 pm. Thereafter no message about him.

83. Mr. Velautham Krishnamohan, Viyaparimoolai, School Road, Point Pedro, Jaffna was taken by the army personnel from vegetable garden at Kamparmalai in Valvettithurai while he was working on 04.03.2007 around 7.00am. Thereafter no message about him.

84. Mr. Kandiah Selvakumar, Vaththanai, Puloly West, Puloly, Point Pedro, Jaffna was taken by the army personnel from vegetable garden at Kamparmalai in Valvettithurai while he was working on 04.03.2007 around 7.00am. Thereafter no message about him.

85. Mr. Kovintharasa Kirupaharan, Vaththanai, Puloly West, Puloly, Point Pedro, Jaffna was taken by the army personnel from vegetable garden at Kamparmalai in Valvettithurai while he was working on 04.03.2007 around 7.00am. Thereafter no message about him.

86. Mr. Thalayasingam Sutharsan, Alvai North, Viyaparimoolai, Point Pedro, Jaffna left home as usual on 04.03.2007 in the evening. Thereafter he has not returned home. On the following day morning one Mr. S. Kanagalingam came to the complainant’s house and gave all the identification documents of Mr. Thalayasingam Sutharsan and told that complainant’s husband was taken by the army personnel from his house on 04.03.2007 around 11.00pm. When the army personnel took him it was told to the Kanagalingam that to ask the complainant to visit the Point Pedro army camp with all the documents. Accordingly complainant went to the Point Pedro army camp and the army personnel at the camp refused the arrest of the complainant’s husband

87. Mr. Navaratnam Sivatharsan, Poovakkarai Puloly West, Point Pedro, Jaffna left home as usual on 04.03.2007 in the evening. Thereafter he has not returned home. On the following day morning one Mr. S. Kanagalingam came to the complainant’s house and gave all the identification documents of Mr. Navaratnam Sivatharsan and told that complainant’s son was taken by the army personnel from his house on 04.03.2007 around 11.00pm. When the army personnel took him it was told to the Kanagalingam that to ask the complainant to visit the Point Pedro army camp with all the documents. Accordingly complainant went to the Point Pedro army camp and the army personnel at the camp refused the arrest of the complainant’s son.

88. Mr. Thankavadivel Kajan, Near the Ranjana Theatre, Valvettithurai, Jaffna was arrested by army personnel at Kerudavil Road in Valvettithurai on 06.03.2007 around 10.00pm and he was taken by troops carrier. Thereafter no message about him. Already he was arrested by the army personnel on 04.02.2007 and was released on a condition to report the Valvettithurai army camp once in a week. Accordingly he was reporting to the camp.

89. Mr. Nadanasigamani Vasantharasan Aalady Welfare Centre, Uduvil, Jaffna was abducted by a group of gunmen who came by a white colour van while he was at his mother’s house at Sinthu Welfare Centre in Manipay on 08.03.2007 around 2.00 pm when complainant try to prevent the abduction she was assaulted by the gunmen.

90. Mr. Nadarajah Thayarupan, No. 10, Killar Lane, Jaffna is working as a ticket collector at a cycle park in Jaffna Town on 08.03.2007. After the work he went to his friend’s house to attend the birthday party around 5.00pm. According to the friend he left from the birthday house around 7.00pm. But he did not reach to the house on the same day. On the following day when complainant was searching him, complainant saw that the bicycle, which was used by Nadarajah Thayarupan, was parked at the Thaddartheru Junction army point. Therefore the complainant is convinced that her son was arrested by the army personnel who was attached the particular point.

91. Mr. Natkunam Navaneethan, Nariyiddan, Mallakam, Jaffna went to the Bank at Chunnakam Junction on 08.03.2007 around 11.00am. Thereafter he has not returned home.

92. Mr. Sinnarasa Mayooran, Kanthijee Community Centre, Kokkuvil West, Kokkuvil, Jaffna went to Navaly to collect the firewood on 06.03.2007 around 10.00am, thereafter he was missing.

93. Mr. Mayalaku Kumutharaj, No. 460, Kandy Road, Ariyalai, Jaffna was abducted by a group of gunmen who broke in to their house on 10.03.2007 at 12.10am. Further the complainant also was assaulted by the gunmen.

94. Mr. Amirthalingam Alaheswaran No. 119, Nedunkulam, Ariyalai, Jaffna was abducted by a group of gunmen broke in to their house and took Mr. Amirthalingam Alaheswaran on 10.03.2007 about 1.40am. Thereafter no message about him.

95. Mr. Jesuthasan Jeyasuthan, Mathar Lane, Manipay, Jaffna was abducted by group of gunmen from his house on 11.03.2007 early morning at 4.30am. Thereafter no message about him. Complainant further pointed out that on 11.03.2007 around 4.30am, army personal came to their house and checked all the documents and left home.

96. Mr. Paramasamy Vivaharan, Annankai, Urumpirai West, Urumpirai, Jaffna was abducted by a group of gunmen who came to their house by white colour van on 11.03.2007 about 4.30 am. Thereafter no message about him.

97. Mr. Thevathas Kristipirasanna, No. 132, Temple Road, Nallur, Jaffna went to Jaffna town on 10.03.2007around 11.00am. Thereafter he was missing.

98. Mr. Balasingam Thusiyendran, No. 65, Sivan Road, Thirunelvely, Jaffna went to Jaffna town to give an amount of money to one of his known persons on 10.03.2007 around 11.00 am. Thereafter he was missing.

99. Mr. Apthulsalam Suvaiptheen, Kulamangal, Mallakam, Jaffna went to Jaffna Teaching Hospital on 12.03.2007 around 9.00am. Thereafter he was missing. 100. Mr. Sivagnanam Sabeesan No. 336, Kasthuriyar Road, Jaffna went to Jaffna town on 14.03.2007 around 8.30am. Thereafter he was missing. One of the known persons to the complainant informed her, that her brother was interrogated by the army at Stanely Road, Check Point (in front of the Petrol shed) on the same day morning around 8.30am. Thereafter no message about him.

101. Mr. Thiraviyam Susikumar Muththumariamman Kovilady, Alvai North, Alvai, Jaffna went to small hotel to buy breakfast on 14.03.2007 around 7.00am. Thereafter he was missing. The complainant further mentioned that Navalady army camp is closer to the hotel and while he was searching her husband she saw that one army soldier was taking her husband’s motorbike in to the Navalady army camp. Therefore she is convinced that her husband was taken by the army.

102. Mr. Muthulingam Malaravan, No. 29, Thuraiyappah Lane, Eachamooddai, Jaffna was taken by army personnel who came to their house on 17.03.2007 early morning 12.20am. The complainant specially pointed out that she was able to identify one of the army soldiers who were on duty on the road regularly. Further complainant mentioned that on the same day morning around 7.15 four soldiers came to their house and took the mobile phone of Mr. M. Malaravan. Now no message about him.

103. Mr. Kopalappillai Rameshthasan, 3rd Mile Post, Anaikkoddai, Jaffna went to his mother’s house in Velanai on 18.03.2007 around 11.00am and he left his mother’s house around 4.00pm on the same day but he has not reached to his house. Now he is missing.

104. Mr. Vicneswararasa Suthasharan, Veerakodiyar, went to Jaffna Town on his motorbike (No. NP HH 9468) on 18.03.2007, thereafter he was missing. Complainant came to know that he was interrogated by the army personnel and was arrested at Punkankulam vegetable market.

105. Mr. Thavarasa Nivarsan, 2nd Lane, Madduvil South, Chavakachcheri, Jaffna went to Jaffna Town on his motorbike (No. NP HH 9468) on 18.03.2007, thereafter he was missing. Complainant came to know that he was interrogated by the army personnel and was arrested at Punkankulam vegetable market. He is a student of Chavakachcheri Hindu College and he sat the O/L examination in last year and he is waiting for the result.

106. Mr. Anantharasa Anton Mariya Gnanarasa Nadukkudaththanai North, Kudaththanai, Jaffna is a fisherman and he is fishing with his known person at Point Pedro. Normally he is staying at Point Pedro for his work and going to home once in a week. On 14.03.2007 around 4.00pm he left Point Pedro to go to his house but he has not reached to home. Complainant came to know that he was arrested by army personnel in Point Pedro on 14.03.2007 and was taken by troop’s carrier. Now no message about him.

107. Mr. Makalingam Baskaran Tholpuram West, Kalaivany Road, Chulipuram, Jaffna was abducted by a group of gunmen came to their house and abducted Mr. Makalingam Baskaran on 20.03.2007 around 11.00pm, thereafter the gunmen brought him to his house around 1.00am on the following day and checked the house and returned. Now no message about  him.

108. Mr. Joseph Manivannan, St. Mary’s Road, Navanthurai North, Jaffna went to Colombo on 12.07.2006 and he contacted with his family over the phone. At last he talked to his family on 29.12.2006 and told that he will come to the Jaffna on 31.12.2006 by flight. Thereafter he did not return to Jaffna and he did not contact with his family. Later on 02.01.2007 the complainant was informed by their known person over the phone that her husband was abducted by some unknown persons in Colombo. Now no message about him.

109. Mr. Nirmalanathan Mayooran 134, Bankshall Road, Jaffna, was abducted by Four gunmen came on two motorbikes to their house and abducted him on 23.03.2007 around 12.10 afternoon, thereafter he was brought by the same group to their village several times. At the same time on the following day one of the known persons to the complainant had seen Mr. Nirmalanathan Mayooran was taken by four gunmen on two motorbikes towards to Mandaithevu through Pannai Checkpoint. Now no message about him.

110. Mr. Sinnathurai Theivendrarajah, Puloly South, Puloly Point Pedro was missing since 09.09.2006 in Colombo 13. According to the complainant her husband was abducted by unknown gunmen at his residence (Colombo – 13) 0n 09.09.2006. On the same day They lodged a complainant at Kottanchenai Police Station regarding his missing but up to date no message about him.

111. Mr. Sivanathan Mathivathanan, Ward No. 6, Punguduthevu, Jaffna and his friend Mr. Nadarasa Vimaleswaran (27) went on a motorbike (No. NP MR 2098) to his relative’s house in Punguduthevu on 22.03.2007 and both of them left from Punguduthevu but they have not reached to their house. Complainant went to Punguduthevu and asked the Navy personnel who were on duty at the Punguduthevu entrance point about her husband and was told that her husband and his friend passed that checkpoint on 22.03.2007 around 5.30pm. Now both them are reported missing.

112. Mr. Nadarasa Vimaleswaran , Ward No. 8, Madaththuvely, Punguduthevu, Jaffna and his friend Mr. Nadarasa Vimaleswaran (27) went on a motorbike (No. NP MR 2098) to his relative’s house in Punguduthevu on 22.03.2007 and both of them left from Punguduthevu but they have not reached to their house. Complainant went to Punguduthevu and asked the Navy personnel who were on duty at the Punguduthevu entrance point about her husband and was told that her husband and his friend passed that checkpoint on 22.03.2007 around 5.30 pm. Now both them are reported missing.

113. Mr. Ludchumanan Nishanthan , 204, Navalar Road, Jaffna left home to go to his friend’s house at Nallur on 27.03.2007. Then the complainant came to know that her son was interrogated by army at Arasady checkpoint and was taken by them on his van. Immediately the complainant went to the camp and asked about her son and was told by the army personnel that he was released after the investigation. Thereafter he was missing.

114. Mr. Sinnathurai Rajendra,30/8, Ilanthaikkulam Road, Columbuthurai, Jaffna left from home to Madathady shop at 6.00 am on 25.03.2007 thereafter he has not returned home. Still he is missing.

115. Mr. Sivalingam Indran, Annasilaiyady, Karanavai South, Karaveddy, Jaffna left home at 9.00am on 21.03.2007 by mine bus from Karanavai to Jaffna. He has promised her wife that he would return home within two days. But up to date he has not returned home.

116. Mr. Jeya Jeyathileepan, 981, Valanpuram, Columbuthurai, Jaffna, was missing since 30.03.2007. On the same day her daughter Miss. J. Mythili (18) has seen her brother Jeya Jeyathileepan at Eachchamoddai Street, Maravankulam Junction army checkpoint. They expected Mr. Jeya Jegaseelan to be returned home on the same day from that checkpoint. But thereafter he has not returned home.

117. Mr. Sinnakkandu Jegaseelan, 162, Main Road, Jaffna, left home at 8.00 am on 31.03.2007 to obtain clearance from the army camp Colombuthurai has not returned home up to date. On the same day the complainant originated a telephone call to her husband but he did not answer the telephone and somebody else answered. Again complainant telephoned to her husband and he told her that he could return home within another half an hour. The persons whom talked to her over the phone told her that her husband was in the custody of police due a fight between some boys. Again that person told her that her husband was in a shop at the Town. Due to the contradiction statements of the unknown person the complainant is fully upset over this case.

118. Mr. Francis Sekar Kamiltan, 43, 1st lane, New Street Koiyathoddam, Jaffana has been abducted by unknown militants who came to his house in a white van on 02.04.2007 in early morning 2.45am.

119. Mr. Balaiyah Balachandran No.10, Sebastian Lane, Pasaiyoor, Jaffna has been abducted by unknown militant at 11.30pm on 01.04.2007. Thereafter no message about him.

120. Mr. Gnanaseelan Ravi 78 Gurusolt Road Chundikuli, Jaffna has left for work at 7.00 am on 09/04/2007 and has not returned to home yet.

121. Mr. Perera Priyanthan, Ward No 10, Delft Centre, Delft is missing from 24.03.2007. Complainant further states that her husband left home on 24/03/2007 and traveled by Kumuthini Boat to Jaffna. He used to travel to Jaffna for Dry fish Business.

122. Mr.Rajendram Uthayakumar No. 300, Housing Scheme Navatkuli Junction, Kaithady, Jaffna was abducted by unknown persons on 09.04.2007 midnight 12.00. He has not been released up to date.

123. Mr. Rajendran Uthayakumar25/2, Old Park Road, Koiyathoddam, Jaffna was arrested by army on 09.04.2007 midnight 12 O’ clock and not yet released by the army concerned. Complainant confirms that the persons arrested his son Mr. Rajendran Uthayakumar was in the military uniform.

124. Mr. Selvarajah Muhunthan Potpathy Kudathanai, Point Pedro was arrested by army at Kottawattai, Point Pedro on 03.04.2007 and not yet released. Now no message about him.

125. Mr. Gopalasamy Kosalan, No. 40, Suwamiyar Veethy, Columbuthurai, Jaffna has been abducted by three unknown militants who came in a motorbike on 13.04.2007 at 5.30 pm. Further complainant states that she has seen her son at about 9.00am on 20.04.2007 at Chundikuli check point. Now no message about him.

126. Mr. Pathinathar Christin Gnanaruban, Gnaneswaram, Alavetti, Jaffna was arrested by army at Kantharodai, Chunnakam on 10.04.2007 at 5.00pm. Now no message about him.

127. Mr. Vinayagamoorthy Nimalathasan, Meesalai East, Meesalai, Jaffna is missing since 10.04.2007. Complainant further states her son Mr. V. Nimalathasan. went to the shop near her house at 8.00am and he has not returned home thereafter.

128. Mr. Balasubramaniam. Thinarupan Vaddukoddai East, Sithankerny has been abducted by unknown persons who came in white colour van to his carpentry shop on 07.04.2007 at 11.00 am.

129. Mr. Sivapalendran Sivaruban ,Mathakovilady, Alvai Presently Kurumankadu, Vavuniay is working as a lorry driver in Kurumankadu, Vavuniya. He is missing from 20.04.2007. Further the complainant states that her son Mr. S. Sivaruban was abducted by EPDP members on 20.04.2007 in Vavuniya.

130. Mr. Kanthasamy Purusoththaman, Poovatkarai, Puloly West, Point Pedro is a Technical College student. He left home to go to Technical College on 23.04.2007 around 6.00 am. Thereafter he has not returned back.

131. Mr. Theivendran Piratheepan ,Kulappiddi Lane, Kokkuvil East, Kokkuvil has been arrested by army at Saththira Junction – Jaffna on 27.04.2007 and he has not been released yet. The motor bicycle of the missing person has been taken away by the Jaffna Police.

132. Mr. Rasalingam Rasaratnam , No. 76, Palaly Road, Jaffna He has been arrested by army at Saththira Junction at Jaffna on 27.04.2007. Complainant further states her husband went to Jaffna by motor bicycle owned by her husband no. HN NP – 5994.

133. Mr. Sellar Thuraisingam Saravanai West, Velanai was abducted by unknown

persons wearing black uniform on 30.05.2007 at 11.00 pm.

134. Mr. Masilamany Raveendran Satkoddai, Alvai North, Alvai left for Ilavalai on 27.05.2007 has not yet returned home. Complainant further states that her son Mr. Masilamany Raveendran left to Ilavalai to see his relations.

135. Mr. Sebastiampillai Jeyaseelan 19/2 Park Road, Gurunagar, Jaffna left for Alaveddi on 05.06.2007 has not returned to home yet.

136. Mr. Mathiyaparanam Pradeepan 5/1, A. V. Road, Columbuthurai, Jaffna is a conductor attached to CTB Jaffna Branch went for official work on 07.06.2007 around 8.00 am thereafter he has not returned to home up to date. At last, he and Mr. Sivapathasuntharam Sivakumar is a Postman left to Jaffna from Kurikadduvan in Punkuduthevu. At Punkuduthevu – Jaffna Road in a place nearly 1km distance either side people were stopped and told that there was a cordon and search operation was taken place but these two were allowed to enter in to this 1km area. Thereafter both are missing. Therefore, it is alleged that he was arrested by Navy in Punkuduthevu.

137. Mr. Sivapathasuntharam Sivakumar, Ward 7, Keerathevu, Punkuduthevu is a Postman attached to Punkuduthevu Post Office who went for official work on 07.06.2007 has not returned to home up to date. At last, he and M. Pradeepan is a CTB bus contactor left to Jaffna from Kurikadduvan in Punkuduthevu. At Punkuduthevu – Jaffna Road in a place nearly 1km distance either side people were stopped and told that there was a cordon and search operation was taken place but these two were allowed to enter in to this 1km area. Thereafter both are missing. Therefore, it is alleged that he was arrested by Navy in Punkuduthevu.

138. Mr. Sivagurunathan Majuran, Meesalai North, Meesalai left home on 11.06.2007 at 5.15 pm has not returned to home.

139. Mr. Rabial Nicholas Ward No. 3, Naranthanai South, Kayts went to Velanai for work on 10.06.2007 has not yet returned to home.

140. Mr. Rasenthiram Thavarasa Sempadu, Manthuvil West, Kodikamam has been arrested by army on 13.06.2007 at 10.00am. This has been reported already to Army Head Quarters. Altogether five persons were arrested on the same day.

141. Mr. Nagaratnam Mohanan, Manthuvil West Kodikamam was arrested by army patrol troop on 13.06.2007.Thereafter he did not return.

142. Mr. Kumarakulasingam Tharshikan, Manthuvil West Kodikamam was arrested by army in front of his house on 13.06.2007

143. Mr. Selvarasa Sathees , Sarasalai North, Sarasalai left home to go to shop on 13.06.2007 has not returned to home. According to the complainant he was arrested by army.

144. Mr. Varnakulasingam Varnakanthan , Sarasalai North Konavalai was arrested by army on 13.06.2007.

145. Mr. Amirthanan Rock Frankilin 18, St. Patrick’s Road, Gurunagar, Jaffna was missing since 16.06.2007.

146. Mr. Paththalomis John Jim Brown 32, Gurunagar Flats, Beach Road, Jaffna went to the General Hospital, Jaffna at 2.00pm on 16.06.2007 has not yet returned to home.

147. Mr. Francis Prakash 14/1, Addappan Veethy, Jaffna was missing since 10.06.2007

148. Mr. Subramaniam Thiyagarajah,Urumpirai North,Urumpirai was missing in Vavuniya since 11.05.2007

149. Mr. Sivalingam IndralingamSakkoddai, Alvai North Centre, Alvai was arrested by police in Colombo (Ramanathan Lodge, Kottahena) on 28.05.2007.

150. Mr. Kasipilla i Thayaparan 10/10, Sivan Temple Road, Thirunelvely South, Jaffna went to take photograph for a Birthday celebration on 15.12.2006 has not yet returned to home.

151. Mr. Nadarasa Jegatheeswaran Inuvil West, Inuvil left home for work on 21.06.2007 has not yet returned to home.

152. Mr. Navaradnarasa Ketheeswaran Manthuvil West Manthuvil, Kodikamam went to army camp in order to report, as he was ordered by Army, on 16.06.2007 around 7.00 am. He has not yet retuned to home.

153. Mr. Vadivel Raveenthiran Solaiamman Kovil, Meesalai North, Chavakachchery went for work on 23.06.2007 has not returned to home. Complainant further states that her husband Mr. V. Raveenthiran was ordered by Chavakachchery post office camp army to visit daily and sign at their camp.

154. Mr. Sinnathamby Sivanthan Solaiamman Kovil, Meesalai North, Chavakachchery went for work on 23.06.2007 has not returned to home. Complainant further states that her husband Mr. Sinnathamby Sivanthan used to go to Chavakachchery post office army camp to sign on Saturday.

155. Mr. Krishnapillai Kannathasan,Kantha Udaiyar Lane,Puloly Centre,Puloly Presently : Kottahena, Colombo – 12 was abducted by unknown persons in a white van at his residence (Kottahena, Colombo- 12) on 08.09.2006.

156. Mr. Appiah Mahendrarajah Kopay Centre, Mariyamman Veethy, Kopay has been abducted by unknown armed person on 26.06.2007 at 7.00pm.

157. Subramanium Ramachandran has been missing since 15 February 2007, Vadamarachchi reporter for Tamil language dailies Yal Thinakkural and Valampuri;– ‘Army said to be holding Tamil journalist who went missing five weeks ago’, 23 March 2007,http://www.rsf.org/print.php3?id_ article=21420

158. Ms. Anjani Robert Lessia from Naaranthanai in Kyats disappeared in Tricomalee on 13 April 2007; Sivasami Raku from Velanai disappeared on 19 April 2007;– Woman missing in Trincomalee, The Tamil Net, 14 May 2007

159. Rasenthiram Thavarasa disappeared from Manthuvil area in Thenmaraadchi on 13 June 2007 and Kumarasamy Sivanesan from Arasady disappeared after he reported to Sri Lanka Army (SLA) camp 29 July 2007;– Missing civilian reported detained in SLA Varani camp, The Tamil Net, 23 June 2007

160. Vadivel Nirmalarajan, a proofreader with the Uthayan newspaper has been reported missing since 17 November 2007; and Denis from Rajasingham Veethi who went missing from Kurunakar in Jaffna town on 18 September 2007.—2 civilians seek HRC protection, One missing in Jaffna, The Tamil Net, 21 September 2007

161. On 5 May 2007, four students identified as R. Ramanendran (18), Suntharalingam Yasotharan (17) and Nagarajah Venukanthan (18), all students of Jaffna Hindu College, and Kugarajan Kannan (17) of St. John’s College were reportedly abducted by armed men in Jaffna district:– Number of Jaffna students abducted Friday rises to four, TamilNet, 7 May 2007

Torture

1. On 21 July 2007, fisherman Thadallage Chamil Weerasena, resident of No. 25, Katupolwatte, Panwila, Ratgama, was tortured to death in custody of the Ratgama police after arrest:- Asian Human Rights Commission: Urgent Appeal, available with:

http://www.ahrchk. net/ua/mainfile.php/2007/2519/

2.On 27 May 2007, two alleged suspects identified as E. A. Amaradasa and his brother E.A. Upasena were shot dead by a police team after they were allegedly taken to a house in Delgoda where the police claimed that the suspects had hidden weapons;- Cops and killers: Who reigns? The Sunday Times, 27 May 2007

3.Rev. Nallathamby Gnanaseelan, (38, pastor of Tamil Mission Church in Jaffna) was allegedly shot dead by Sri Lankan security forces at the road block at Library junction, Wembedy School Road, Jaffna on 13 January 2007;- Asian Human Rights Commission, Sri Lanka: A brutal killing of a pastor by the security forces in Jaffna, available at: http://www. ahrchk.net/ua/mainfile.php/2007/2179/

4. Sinnathurai Sujijeyanthiran who was allegedly killed by Sri Lanka Army (SLA) when he entered the SLA Front Defence Line area at Senthaankulam after losing his way on 29 May 2007;- SLA shoots dead youth in Palaali, Tamil Net, 1 May 2007

5. Fishermen Gnanaruban Rutson and Robert Thevathas who were shot dead by the Sri Lanka Navy (SLN) in Kayts on 18 May 2007 as alleged LTTE suspects;- SLN shoots dead two fishermen in Kayts, TamilNet, 19 May 2007

6. Sakathevan Dilaxsan (24) who was allegedly shot dead by the army intelligence at Kokuvil in Jaffna on 1 August 2007;- Asian Human Rights Commission, Further list of victims of extrajudicial killings, disappearance, available at: http://www.ahrchk.net/ua/mainfile.php/2007/2581/

7. Thanikasalam Sasiruban, (24) who was allegedly followed by Army intelligence and shot dead at Thirunelvely Tharankavil Pillaiyar Muhamavady Junction in Jaffna on 2 August 2007;- Asian Human Rights Commission, Further list of victims of extrajudicial killings, disappearance, available at: http://www.ahrchk.net/ua/mainfile.php/2007/2581/

8. S.Sasikaran (26) who was allegedly shot dead by the army at Maddu in Kalavai Batticaloa on 4 August 2007;- Asian Human Rights Commission, Further list of victims of extrajudicial killings, disappearance, available at: http://www.ahrchk.net/ua/mainfile.php/2007/2581/

9. On 29 May 2007, 56-year-old woman Meyyaappillai Alaku was killed when two SLAF aircraft bombed Puthukkudiyiruppu in Mullaiththeevu;- Civilian killed, 2 wounded in SLAF air strike, TamilNet, 30 May 2007

10.On13August2007,Ariyaratnam Subajini (21, resident of Karumpulliyan Mallavi, Mullaitivu) was allegedly killed during an air strike by the air force while in a passenger bus

at Nedunkerny Katkulam in Vavuniya;- Asian Human Rights Commission, Further list of victims of extrajudicial killings, disappearance, available at: http://www.ahrchk.net/ua/mainfile.php/2007/2581/

(Conclusion)

[1st initiative – open appeal to President Rajapaksa, below]

Platform of Concerned South Asians

An Open Appeal from Concerned South Asians to the President of Sri Lanka

13 April 2009

 

To

Mr. Mahinda Rajapaksa

His Excellency the President

of the Democratic Socialist Republic of Sri Lanka,

Presidential Secretariat,

Colombo, Sri Lanka.

Fax – 0094 11 2333703

E-mail – priu@presidentsoffice.lk

 

Your Excellency,

Sub.: Declaration of a Humanitarian Truce in the Vanni region of Sri Lanka – Offer of South Asian Concerned Citizens of support by monitoring truce and building confidence

We, representing a large collective of concerned citizens from South Asia have time and again voiced our serious concerns on the evolving humanitarian tragedy in the Vanni due to the raging conflict between the Sri Lankan security forces and the Liberation Tigers of Tamil Eelam (LTTE). We wish to first record our appreciation and support to the offer of a humanitarian truce in the conflict during the two days 13– 14 April, 2009 as declared by Your Excellency.

We firmly believe the LTTE who previously said they would welcome a respite in the conflict, would accept and adhere to Your Excellency’s present call for a truce. The humanitarian truce as called by Your Government needs to be utilised as an opportunity to develop confidence among the innocent civilians caught in the conflict to feel they are truly the main concern in this truce. They need to feel they have some independent persons to whom they could turn to for assistance, outside the two contenders to the conflict. This was not given due importance in the previous suspensions of hostilities by your security forces and thus there was no trust that the suspensions were in fact to allow civilians to move to places of their choice, away from the conflict.

We therefore firmly believe and propose that Your Excellency would this time,

1. make this declared truce a worthy effort in developing trust and confidence among the Tamil civilians

2. allow for independent supervision of the truce, so that no side would be able to blame each other for violating the truce and obstruct civilians of safe passage from moving out of the conflict zones.

We do believe, as noted by both the UN Secretary General and the British Foreign

Secretary that this truce declared by Your Excellency would need a longer period of time to have the desired effect of opening up opportunities for a sustainable and enduring peace.

Nonetheless, now that your government has taken the first step in declaring a truce

on the eve of the Sinhala and Hindu New Year, which is symbolic of peace and well

being for all the citizens of Sri Lanka, we as South Asians who have many common

historical bonds between us and Sri Lanka, wish to offer our resources in supervising

the truce to make it a truly humanitarian effort.

As Your Excellency would note, we have listed below a group of eminent South

Asian personalities who endorse both the truce and the offer of mediating the truce to

effect confidence building and making it a practical reality for the affected civilians.

The victims of the war are in dire need of food, medicine, sanitary facilities, shelter

and other basic humanitarian facilities and need to recover from the tragic ordeal they have been pushed into.

In order to request the support of all Members of the SAARC for this truce declared by Your Excellency, we take this opportunity to copy the same to all Heads of State in South Asia.

We would also copy same to the South Asian media so as to give Your Excellency’s declaration of a humanitarian truce its required recognition.

Meanwhile, accepting the importance of this matter, we would expect Your

Excellency to respond positively and with urgency, so that we could immediately

name our members and arrange for logistics required to take over responsibility of overseeing the truce.

We firmly believe and wish Your Excellency would not let this opportunity pass.

 

Appeal is jointly issued on behalf of:

K.G. Kannabiran, National President, PUCL, Hyderabad;

Justice Rajinder Sachar, former chief Justice, Delhi High Court,

Arundhati Roy, Writer & Author, New Delhi,

Pushkar Raj, General Secretary, PUCL;

Pamela Philipose, Women’s Feature Service;

Swami Agnivesh, New Delhi,

Prof. Amit Bhaduri, Professor Emeritus, Jawaharlal Nehru University, New Delhi,

Rt Rev. P J Lawrence, Bishop of Church of South India, Diocese of Nandyal,

Praful Bidwai, Columnist, New Delhi,

Sumit Chakravorty, Editor, Mainstream Weekly, New Delhi;

Tapan Bose, New Delhi;

Rita Manchanda, South Asia Forum for Human Rights, Nepal;

Prof Kamal Mitra Chenoy, School of International Studies and President, JNU Teachers Association, Jawaharlal Nehru University, New Delhi;

Ernest Deenadayalan, Bangalore;

Pradip Prabhu, Kashtakari Sanghatana, Dahanu/Mumbai;

Prashant Bhushan Advocate, Supreme Court, New Delhi,

M.G. Devasahayam IAS (Retd), Chennai,

Sukumar Murlidharan, Journalist, New Delhi,

Rev. Dhyanchand Carr, Madurai,

Henri Tiphagne, People’s Watch, Madurai,

MSS Pandian, Chennai,

V. Suresh, President, PUCL-Tamil Nadu & Pondicherry.

D. Nagasaila, Advocate, Chennai,

Sushil Pyakurel, Former Commissioner, Human Rights Commission of Nepal, Kathmandu,

Mubashir Hasan, Lahore, Pakistan, and others

 

Copy of the Appeal endorsed to:

Office of Prime Minister of India: manmohan@sansad.nic.in

President’s Secretariat, Pakistan; secretary.general@president.gov.pk

PM’s office – Bangladesh ; info@pmo.gov.bd

PM’s office – Nepal ; info@opmcm.gov.np

UN High Commissioner for Human Rights, Navanetham Pillay; press-info@ohchr.org

SAARC Information Centre; info@saarc-sic.org

UN Secretary General’s Office; petit@un.org

Platform of Concerned South Asians

Contact Persons

Dr. V. Suresh, Hussaina Manzil, 255, Angappa Naicken Street, Chennai 600 001

Phone: 0091-44-25352459; +91-44-42621386; +91-94442-31497.

Ravi Hemadri, The Other Media, B5/136, I Floor, Safdarjung Enclave, New Delhi.

Tel: 91-11-26195534/35/ 26105472 Fax: 91-11-26195536, +91-9871415186.

5 Comments

Fantastic job and more evidence can be obtained undercover if needed.

These are very serious crimes.

All the criminal must be brought to justice.

I know a lot of people out there even from the Sinhalese side wanting to bear witness.

Who said you can get away from killing the innocent people?

Here they come...I guess Mr.Jeyathilaka's work cut out big time now..Its better off he quits his job before he too be convicted of misleading the world..

Posted by: Anonymous | June 17, 2009 11:06 PM

Dear Friends,

Thank you for the initiative you have taken in petitioning the United Nations to intervene in Sri Lanka on the grounds of the doctrine of the right to protect, to take on the task of assisting and rehabilitating the hundreds of thousands of civilians who have been affected and to prosecute the President of Sri Lanka Mahinda Rajapaksa, The Defence Secretary of Sri Lanka his brother Gothabhaya Rajapaksa and the Commander of the Sri Lankan Army Sarath Fonseka. To me especially this intervention is a special source of strength and encouragement since I have had occasion to meet with many of you and work with some.

Coming as it does at this moment when almost the entire intelligentsia and middle class amongst the Sri Lankan Tamil Community has been forced to flee into exile in fear for their lives, your intervention brings new life into not just the members of the brutalized Sri Lankan Tamil Community that has never been closer to its total destruction at the hands of the Sri Lankan State but to each and every one of us who have been forced to stand by and watch the government implement its demented agenda to destroy this Community using weapons of mass destruction in a manner that we have not witnessed every in this part of the world. Let me tell you we are truly helpless in a manner that you can hardly understand. The Sri Lankan State to which like all democratic people we looked to for our protection has been seized by a virulent ideology going by the name of "Mahinda Chinthana" - meaning the thoughts of Mahinda - that seems to hold itself as the single source of all things good and of the only workable and final solutions to every problem faced by anyone everywhere in the world. In the light of this ideology all other peoples and all other cultures are degenerate and sub human and worthy only of destruction. In keeping with this ideology any of us who choose to voice disagreement or dissent are threatened with death - a threat that has been repeatedly carried out on dissidents and those who oppose the agenda of the government.

Words fail me but I am sure that there are those amongst you who will recognize that the Sri Lankan State has been seized by a group of fascists espousing a fascist ideology and that this may well be the first time that a state has fallen victim to this menace after the second world war. Unless this force is contained it will link up with similar forces and mount a serious threat to the doctrine of human rights and the civil liberties that are essential for us to live as human beings.

I hope that the time when I can reveal my identity will come soon.

Till then my friends, on behalf of all those who are forced to be silent for fear of this murderous government, thank you once again. Please share this with all your members.

Posted by: Crazyoldmansl | June 18, 2009 03:02 AM

The UN has yet to set up the mechanism for implementation of R2P Doctrine? It will be done only
after Hon. Ban Ki-moons departure vis-a-vis Sri Lanka.
India^s war was undertaken by MR according to him and
this was confirmed by Siva shanker that MR was somewhat correct in saying so.
The Defence Secy.GOSL too has stated that every aspect of the war was implemented with Indian acceptance, even the final masacare. This involvement is out of study by the PUCL for some
good reason?

Posted by: ardneham | June 18, 2009 06:07 AM

This is a welcome move - initiated by some emminent persons who have conscience. I hope many more non political organisations like this throughout the world raise this issue. However we are not sure how the UUN ( un united nations) will respond especially with communist countries like China, Russia (who have been traditionaly supressing dissent and those countries newly joining the club -like our very own sri lankan govt) and other African Govts & dictators.

We hope this effort produces some result.

Posted by: siva | June 18, 2009 11:26 AM

Much of what can be interpreted as more serious offences under established HR Covenants appear to have been committed after the date of this report (9/6/09)
The alleged execution of several top rung men of the LTTE carrying White Flags
accompanied by women (including at least one Sinhala woman) and children is very disturbing. That these cold-blooded killings were carried out after these men surrendered by arrangement with high officials of the UN, SLA and GoSL adds yet another sad and gory page to the tragedy. Certainly, the indiscriminate killing machine of the LTTE deserves harsh punishment but the civilised world and global conventions of warfare and surrender spell out procedure to deal with - as the Nuremberg trials proved so eloquently. There is much room to speculate keeping humanitarian agencies, NGOs, local and foreign media away from the conflict zone, when these alleged incidents were taking place, appear to be convenient and follows a particular pre-determined pattern. Doubtless there is much to hide in the Killing Fields of the Wanni.

ISS

Posted by: Ilaya Seran Senguttuvan | June 18, 2009 07:24 PM

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