• Deportation delayed after last gasp court order

    The deportation of around 50 Tamils to Sri Lanka was halted today after frantic last minute efforts by lawyers resulted in a postponement in their removal, and the complete overturn of one woman’s case.

    The decision, just hours before their scheduled departure, comes as the UK faces intense criticism from human rights groups such as Amnesty International for sending Tamil asylum seekers back to Sri Lanka, where they face the risk of interrogation and torture


    See report from Channel 4 below.




    In a statement released today, Amnesty said,

    “[I]t is hugely disappointing that Britain is continuing to remove people to an uncertain fate.
    What we do know though is that the British government has a responsibility under international law to protect people at risk of torture and should not remove them if there is a threat.”
    One woman’s case was completely overturned, after it was ruled that the UK Border Agency had violated both British and European law by disclosing sensitive information to the Sri Lankan authorities that could place her in greater danger if she was to return.

    Government sources further conceded that they may have disclosed similar potentially sensitive information about 14 Tamil asylum seekers “inadvertently”, but insisted that none of them have been deported.


    The development comes as the Guardian reported that no monitoring of the safety of deported asylum seekers is being done by the UK government.

    The only measure being taken was simply to give the deportees the telephone number and address of the British high commission in Colombo.

    See our earlier posts:

    'UK still 'complicit' in torture of Tamils' (Sep 2011)

    'Delhi court halts deportation for fear of genocide'
    (Sep 2011)
  • Canada speaks out against inaction on Sri Lanka

    Canadian Foreign Minister John Baird has warned that the UN’s significance is endangered when it fails to act on its founding principles, stating Sri Lanka’s war crimes as one such issue.   

    Addressing the UN General Assembly, Baird said,

    “The U.N.’s relevance and effectiveness are imperilled when the Founding Principles are observed in word but not in deed... when objection is taken, on petty, procedural or process-based grounds, to reporting that speaks about credible allegations of war crimes committed in Sri Lanka.

    The Foreign Minister also mentioned Iran’s refusal to allow entry to UN observers for human rights into the country, as another such example.

    He went on to say,

    “The greatest enemies of the United Nations are not those who publicly repudiate its actions.

    The greatest enemies of the United Nations are those who quietly undermine its principles and, even worse, by those who sit idly, watching its slow decline”.

    Last week, Canadian Prime Minister Stephen Harper called for other nations to join him on boycotting the 2013 Commonwealth Heads of Government Meeting to be held in Sri Lanka.

    See our earlier post: 'Canada calls to boycott Sri Lanka CHOGM' (Sep 2011)

  • Ban Ki-Moon appoints Head for review into UN conduct

    UN Secretary-General Ban Ki-Moon has appointed former Under-Secretary-General Thoraya Obaid to conduct the review into the UN’s activities during and after the war in Sri Lanka, as suggested by the UN Panel of Experts.

    The Panel made following recommendation to the UN in their comprehensive report released in April 2011, which is now being examined by the Human Rights Council:

    “The Secretary-General should conduct a comprehensive review of actions by the United Nations system during the war in Sri Lanka and the aftermath, regarding the implementation of its humanitarian and protection mandates.”

    Ms. Obaid, a Saudi National, is the former head of the UN Population Fund.

    Although her mandate is to examine the actions of the UN and its staff in Sri Lanka, it is expected that the conduct of the Sri Lankan government will also be commented on.

    The review, starting in October, is expected to last 4 months.

  • Remembering Thileepan

    September 26 is the anniversary of the death of LTTE Lt. Col. Thileepan in 1987 during his hungerstrike appealing for the Indian government of Premier Rajiv Gandhi to honour the security undertakings it gave to the Tamil people alongside its 1987 Accord with Sri Lanka. Click image for details.

    September 26 is the anniversary of the death of LTTE Lt. Col. Thileepan during his 1987 hungerstrike appealing for the Indian government of Premier Rajiv Gandhi to honour the security undertakings it gave to the Tamil people alongside its Accord with Sri Lanka.

    See GTV's Tamil-language documentary on Thileepan's protest, with footage from that time: pt 1 and pt 2.

    See 'Canadian Tamil youth remember Thileepan'

    A hundred thousand people gathered in and around the Nallur Kandaswamy temple in Jaffna to support Thileepan in his hunger strike which he began on 15 September 1987 on a stage in front of the historic temple.

    Thileepan, then the LTTE’s political wing leader for the Jaffna district, made five demands from the Indian government, including:
    -
    the release of all Tamils held under Sri Lanka’s Prevention of Terrorism Act (PTA),
    - a halt to the state-sponsored Sinhala colonization of Tamil lands,
    - an end to the building of new Sri Lankan military camps in the Tamil areas,
    - the withdrawal of the Sri Lankan security forces from Tamil schools, and
    - the disarming of Sinhala and Muslim paramilitary militia.

    Twenty four years, these demands are still being made of Sri Lanka by the Tamil people, and the international community.

    Self-sacrifice for the greater good has a long tradition (Opinion)

    Witness to Thileepan’s fast (Feature)

    See also, the Indo-Sri Lanka Accord and the LTTE's response to it. 

  • From the killing fields …

    Catholic priest, Fr GA Francis Joseph, amongst the population being massacred by Sri Lanka's bombardment, says in a letter to the Pope sent on May 10, 2009:

    “Last night's toll of the dead is 3318 and of the injured more than 4000.

    “It was a barrage of artillery, mortar, multi-barrel shelling and cluster bombs, weapons which Sri Lankan government denies using on the civilians in the no fire zone.

    “It is unfortunate that the Church in Sri Lanka does not have the wisdom and guts to air her views forcefully and unequivocally regarding the ongoing war.

    “Knowing that diplomacy comes so perilously near deceitfulness, that our trust in those who are proficient in its exercise, dwindles as time passes.”

    See BBC Sandeshaya’s report here.

  • UK still ‘complicit’ in torture of Tamils

    The UK is preparing to deport more than 100 Tamils on Wednesday, while pressure by human rights organisations is mounting to stop all deportations until the safety of Tamils can be guaranteed.

    An event on the sidelines of the Labour Party conference, organised by Freedom from Torture and Human Rights Watch, highlighted the systematic targeting of Tamils being deported from other countries.

    Hosted by Channel 4’s Jonathan Miller, the event focussed on ‘the desperate need for justice and accountability in Sri Lanka and to cover lessons that can be drawn from the Sri Lanka “case” for the protection of human rights within UK foreign policy.’

    Freedom from Torture, a British medical organisation for victims of torture, has several Tamil clients who were tortured by the Sri Lankan state.

    Keith Best, a member of the organisation, presented footage of one Tamil youth who was held by police, beaten and burned with hot irons after returning to Sri Lanka from the UK.

    The organisation pointed out that this is only one of many cases that they are dealing with at the moment.

    “What does the UK government know about the fate of those people it forcibly removed to Sri Lanka back in June? Nothing. There is no sign of monitoring in place to assess the safety of those returned.

    With the evidence we and others continue to highlight demonstrating that torture continues in Sri Lanka – and the high numbers of Tamils who remain in an “at risk” category in the country according to international sources, often due to suspected or proven links to the LTTE - this Government needs to be very, very sure it is not exposing those it removes to a risk of torture on return.” said Best.

    Jonathan Miller added,

    “I've been blown away by the sheer number of Sri Lankans who are on Freedom from Torture's books and the organisation's role in publicising removal flights from the UK which raises very serious concerns about the Home Office and its vetting process for refugees going back to places with such a grim record."

    UK Director for Human Rights Watch, David Mepham, slammed the British Government’s decision to wait for Sri Lanka’s own inquiry, before pushing for an independent international investigation as recommended by the UN Panel of Experts.

    Sri Lanka’s inquiry, due in November, has already been rubbished by many organisations, including Amnesty International who described it as ‘flawed at every level’.

  • Canadian Tamil youth remember Thileepan

     

    The Tamil Youth Organisation (TYO-Canada) and the Canadian Tamils Arts and Culture Association commemorated the 24th anniversary of Lt. Col. Thileepan's death on Sunday.  

    “Thileepan Anna is a symbol of peace and determination. Never in the history of the world has there been iconic figure like Thileepan Anna. As an aspiring doctor he had given up his dreams so that our people of Tamileelam can live in peace, dignity and honour,” said TYO spokesperson Priyanth Nallaratnam.

    The event was marked by cultural performances, dramas, speeches, and poems performed by Canadian university and high school students.

    “Through Thileepan Anna’s sacrifice we were able to show the entire world that the Tamil people are peace loving and that as a community we will never compromise on our political aspirations. It is our job as youth to educate to the mainstream community that Thileepan Anna’s actions surpass even the likes of Mahatma Gandhi” said Laxana Paskaran, a student from the University of Toronto.

    Lt. Col. Thileepan started his hungerstrike on the 15th of September 1987 outside Nalloor Temple.

    He died on the 26th of September, after none of his demands were met.

    Tens of thousands of Tamils descended on Jaffna for his funeral and a memorial was erected behind Nalloor Temple.

    The memorial was destroyed by the Sri Lankan Army in March 2010.

     

     

     

  • Delhi court halts deportation for fear of genocide
    A magistrate court in India last week declined to deport a Tamil to Sri Lanka, as there was concern that he may become a victim of genocide if he was to return to the island.

    Delhi Metropolitan Magistrate, Arul Varma ruled that,
    “by deporting the convict herein, there is every apprehension that he will become a victim of genocide, and thus the State of India would have failed to live up to its commitment of preventing genocide under the convention.”
    He also commented,
    “How can the court become a party to the persecution of an individual? The court cannot retrograde itself to the position of a mute spectator... Handing over a refugee to Sri Lanka where he fears persecution will make us nothing short of abettors.”
    In the landmark ruling, the judge then went on to recite verses from WH Auden’s poem “Refugee Blues”,

    Say this city has a million souls,
    Some live in mansions, some live in holes:
    Yet there is no place for us,
    My dear, there is no place for us,

    Once we had a country and we thought it fair,
    Look in the atlas and you will find it there:
    We cannot go there now,
    My dear, we cannot go there now.


    The decision by the Indian court comes as the UK prepares to deport more than 100 Tamils to Sri Lanka on Wednesday.

    See our earlier post: UK still “complicit” in torture of Tamils (Sep 2011)
  • Rajapakse defiant against "alien cultures"
    Speaking at the UN General Assembly on Friday, Sri Lankan President Mahinda Rajapakse attempted to deflect growing international pressure on Sri Lanka, labelling it “tainted”.

    Rajapakse's speech comes as Sri Lanka faces increasing criticism for crimes committed as the Army completed its assault on the Vanni in May 2009.

    See report by the AFP here.

    In a speech full of religious references, Rajapakse defended Sri Lanka’s “values and traditions, and deeply held religious convictions” saying,
    “These cannot be diluted or distorted under the guise of human rights, by the imposition of attitudes or approaches which are characteristics of alien cultures.
    If this were done, it would amount to a violation of human rights in a fundamental sense."
    Speaking out against mounting calls for accountanbility for war crimes, he stated that,
    "My country has reason for concern with approaches tainted by an unacceptable selectivity, which we have brought to the notice of the organizations in question in recent weeks."
    Rajapakse went on to state that Sri Lanka would not be defeated by international pressure, saying the “might of powerful nations cannot prevail”.

    He also called for solidarity amongst other nations stating that they should work together "against these irregular modalities which should be resisted through our collective strength."

    The Sri Lankan President went on to meet with Iranian President Mahmoud Ahmadinejad, praising his leadership skills and expressing gratitude at Iran’s assistance for Sri Lanka (see here).

    Earlier President Ahmadinejad gave a speech to the General Assembly that was criticised by UN Secretary General Ban Ki-Moon and prompted a mass walkout by more than 30 countries.
  • Ban reiterates need for 'credible accountability' process

    UN Secretary-General Ban Ki Moon stressed the need for a "credible national accountablity process" in a meeting with Mahinda Rajapaksa on Saturday at the UN General Assembly.

    Drawing attention to measures previously agreed upon in a joint statement with Rajapaksa in 2009, Ban reportedly "underlined the need to find a political solution to the underlying factors of the past conflict".

    The meeting comes amid widespread condemnation and impatience with Sri Lanka's attempt at acocuntablity, the LLRC, and increasing calls for an international, independent investigation.

    US Assistant Secretary of State, Robert Blake, recently stated,

    “We are not in the business of making threats to our friends.

     "But there is a need for a credible process of accountability for those who have violated international humanitarian law and there will be pressure for some mechanism to ensure that this takes place.

    See here for commentary on Blake's statement in The Economist. (Sept 2011).

    See also our earlier posts:
    'Pressure grows for action on Sri Lanka'

    'Amnesty on Sri Lanka's LLRC'

  • Indo-Lanka naval exercise ends amid protest
    A large scale 5-day naval exercise between India and Sri Lanka ended Friday, as various Tamil groups registered their protest at India’s participation.

    Paattali Makkal Katchi leader S Ramadoss said,
    “When the whole of Tamil Nadu is demanding that India have no relations whatsoever with Sri Lanka, it is improper for the Indian Navy to engage itself in joint naval exercises with the same country”.
    "Sri Lankan Navy has always worked against the Indian interest. After the Katchatheevu agreement in 1974, so far 540 Indian fishermen have been killed by the Lankan Navy. People of Tamil Nadu are feeling whether the joint exercise is a gift given by India to Sri Lanka for the killing of Tamil fishermen,"
    The exercise, the first between the two nations since 2005, was described as a “major step-up” in military co-operation.

    It has also been reported that India trained thousands of Sri Lankan soldiers in counter-insurgency and jungle warfare at a military school in Mizoram, as well as in the Deolali School of Artillery.

    Entitled "SLINEX 2011", the joint exercises took place off the coast of Trincomalee.
  • Lawsuit filed against Shavendra Silva in US
    A lawsuit was filed against Sri Lankan General, Shavendra Silva, accused of war crimes whilst commander of the 58th division of the Sri Lankan Army in 2009.
     
    Silva is currently Sri Lanka’s Acting Permanent Representative to the UN.
     
    The lawsuit was filed by the American University Washington College of Law’s UNROW  Human Rights Impact Litigation Clinic in the Southern District of New York.

    Ali Beydoun, lead counsel on this case said,
    “These egregious violations of international and domestic law have gone unanswered for over two years now, as survivors continue to suffer in suffocating silence on the island.

    Finally, after years of waiting for someone to answer for the loss of loved ones, the voices of Tamil victims  and survivors have been granted their day in court.

    Today, U.S. courts provide a forum for justice and accountability, where there would otherwise be continued impunity for Sri Lanka’s crimes against Tamils.”
    Beydoun is also the director at American University Washington College of Law’s UNROW Human Rights Impact Litigation Clinic, and a Senior Partner at SPEAK Human Rights Initiative.
     
    In a statement released Friday, the counsel argued,
    "This lawsuit  seeks damages  for violations of international, Sri Lankan and domestic law under the Alien Torture Claims Act (ATCA) and Torture Victim Protection Act (TVPA).

    These statutes grant jurisdiction to U.S. courts  over human rights  violations committed  abroad, and serve to ensure that the U.S. does not become a safe haven for war criminals.
    The day will not be getting any easier for Sri Lanka’s President Mahinda Rajapaksa, as  massive protests greet his arrival in New York for the 66th U.N. General Assembly. This day marks a uniquely perfect storm for justice, as demands for accountability begin to echo throughout New York and the world.

    Shavendra Silva is accused of perpetrating and orchestrating war crimes during the final stages for the conflict.
     
    A former Sri Lankan soldier attested that Silva gathered his officers in the closing days of the war and ordered them to take no prisoners when capturing the remainder of the enclave in which thousands of Tamils civilians and fighters were surrounded.
     
    The solider, who was a member of the 58th Division confirmed,
    "We received orders from the top to kill some of those who surrendered. All regiments received the orders unofficially - from the top."
    According to the soldier, Silva stated, “This is a very decisive day for us because last night I got a call from the defence secretary. He told me that we only have a small chunk of land left to capture. Do whatever it takes- finish it off the way it has to be done."
     
    See here for video clip of soldier’s testimony.

    The lawsuit comes amid a criminal complaint filed against Sri Lanka's Deputy Ambassador to Germany and Switzerland, Jagath Dias, by TRIAL (Swiss Association Against Impunity) and the Society for Threatened Peoples (SPM), and the ambassador's sudden recall from duty. Following the complaint, Swiss Federal Attorney General confirmed Dias would face a criminal investigation if he were to return to the Swiss territory.

    Dias was the former leader of the 57th Division.

    See our earlier post: "'Dias faces arrest if he returns'" (Sep 2011)
  • Dias faces arrest if he returns
    Major General Jagath Dias, Sri Lanka’s Deputy Ambassador to Germany and Switzerland, will face a criminal investigation if he were to return to Swiss territory due to his “personal involvement” in alleged war crimes.

    The statement comes from the Swiss Federal Attorney General following a criminal complaint filed by TRIAL (Swiss association against impunity) and the Society for threatened peoples (SPM) against Dias.

    The Attorney General said that whilst leading the 57th Division, there were several instances that “highlight Mr Dias' personal involvement in the military operations undertaken and in the atrocities committed”.

    Philip Grant, the director of TRIAL, said,
    “Sri Lanka still denies the extent of the crimes committed. As long as no impartial investigation is carried out in Sri Lanka, the authors of these crimes may be punished abroad”.
    Angela Mattli, head of campaigns at the SPM, also commented on the issue saying,
    “After this judicial decision, the time has now come for the politics to send a clear message to the Sri Lankan government: impunity for war crimes is not an option any more”.
    The European Center for Constitutional and Human Rights (ECCHR), who released a 23-page report on Jagath Dias in May, also stated that preliminary investigations of international law violations during the war in Sri Lanka have begun in Germany.

    Last week, Sri Lanka denied that they had recalled Dias due to pressure from war crimes allegations and instead stated that it was due to him finishing his two-year term.

    See our earlier post: "Dias 'recalled'?" (Sep 2011)
  • Takers, keepers

    “When asked why can't [Tamil] refugees go back to the villages that they originally came from, the government said that it is not possible because those areas are now special economic development areas, uncleared minefields or on land the military wants to keep.”

    ANI news agency. See the report here.

  • Lies and landlords
    While Channel 4’s investigative documentary Sri Lanka’s Killing Fields is yet to be shown at the UN despite numerous requests, the Sri Lankan Government’s counter-documentary was granted permission to be screened earlier this month.

    The decision to air the documentary “Lies Agreed Upon” (and not Sri Lanka’s Killing Fields) was made by the UN Correspondent’s Association President, Giampaolo Pioli, who also covered the event.

    It has now been revealed that he was Sri Lanka’s representative to the UN, Palitha Kohona’s former landlord.

    “But undisclosed at the time was that Pioli collected money as rent from Kohona for years. When this obvious conflict of interest was raised, the response was that the monetary relationship began when Kohona was a UN staff member.

    But in a sense that's worse: how can a reporter ostensibly covering the UN objectively have a monetary relation with a senior UN official?

    See the full report from Inner City Press here.

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