Relevance of Wiki Leaks and UN’s 20-year confidentiality clause

SPECIAL REPORT : Part 78

June 23, 2015, 5:09 pm 

by Shamindra Ferdinando

After having consulted, either the Geneva-based United Nations Human Rights Commission (UNHRC), or UN headquarters, in New York, or both, the UN mission, in Colombo, in April, last year, said that the issue of confidentiality of sources/eyewitnesses needed to be considered at a later stage.

The Colombo mission was responding to a query by The Island whether the UN would review UNSG Ban ki moon’s Panel of Experts (PoE) recommendation, pertaining to confidentiality of sources/eyewitnesses for a 20-year period, with effect from the date of the release of the report. The recommendation was made in PoE’s report, released on March 31, 2011.

The Island raised the issue with Subinay Nandy, UN Resident Coordinator and UNDP Resident Representative, in Colombo, in the wake of 22 countries voting for this US-led resolution, meant to empower the High Commissioner for Human Rights to conduct an external inquiry into accountability issues, between Feb, 2002, to May, 2009. The resolution was passed in March, 2014.

The following response was received from the UN mission in Colombo after several reminders: "The High Commissioner for Human Rights will now be making arrangements for a comprehensive investigation, requested by the United Nations Human Rights Council, and these are issues which will need to be considered at a later stage. In any case, the protection of witnesses and their consent to sharing their identities remain the overriding considerations when dealing with these matters," (UN to review 20-year confidentiality clause ‘at a later stage’ with strap line War crimes probe targeting Sri Lanka, The Island, April 7, 2014.

With the UNHRC now scheduled to receive the external investigation report, at the next Geneva session, in September, the UN can not further delay taking a decision on this matter. The September report, too, is most likely to reiterate the UN policy that identities of sources/eyewitnesses can not be revealed. The Maithripala Sirisena-Wickremesinghe administration should examine all avenues to verify accusations made by various persons. Accusations, regarding the new government continuing to hold political prisoners, as well as existence of secret detention camps, prompted Premier Wickremesinghe, Foreign Minister Mangala Samaraweera, as well as Justice Minister, Wijeyedasa Rajapakshe, PC, to strongly counter them. But they shouldn’t forget that no less a person than US Secretary of State, John Kerry, repeated the lie in Colombo recently. To make matters worse, a section of the state media, too, referred to those who had been convicted on terrorism charges and suspected terrorists as political prisoners. The new government should formulate a cohesive strategy to respond to war crimes accusations. Anyone found guilty of specific atrocities must be dealt with accordingly. There cannot be a dispute over that. But the Sri Lankan military, or the previous political leadership, shouldn’t be humiliated on the basis of unsubstantiated allegations.

War crimes allegation, directed at Sri Lanka, in the UK parliament, is evidence of the manipulative power of those working overtime against the country.

The UK parliament, taking up the issue of human rights violations, in the Indian sub-continent, is a case in point. The British parliament, in September, 2011, debated human rights violations committed by India and Sri Lanka, much to the discomfort of the previous Indian government. India strongly disputed the UK stand, whereas Sri Lanka remained silent. The GoSL mission didn’t even bother to raise the issue with the British, though the UK parliament was told of the Sri Lankan military killing 100,000 – LTTE combatants (60,000) and civilians (40,000) during January-May 2009. The British obviously couldn’t stomach Sri Lanka restoring peace.

Asked whether the US would request the UN/PoE to review their stand on the confidentiality clause, the US embassy in Colombo responded: "The United States urges the Government of Sri Lanka to cooperate with the Office of the High Commissioner and accept technical assistance from the United Nations, as well as help from the international community. Specifics regarding the investigation should be addressed to the Office of the High Commissioner for Human Rights."

The British High Commission responded: "The detail of the investigation will be determined by the UN High Commissioner for Human Rights."

UK-based Suren Surendiran, told The Island: "Until proper practicing and functioning democracy returns to Sri Lanka, and proper governance of government is in place, with independent institutions, like the state police, judiciary, etc., and, above all, some kind of international protection mechanism for witnesses is in place in Sri Lanka and abroad, there will be no reason for GTF to call for breaking confidentiality of witnesses who have already given evidence."

The Island carried US, UK and GTF statements in its April 7, 2014, edition.

The European Union, too, asserted that there was no reason to review UN confidentiality clause, pertaining to Sri Lanka (EU, too, won’t call for review of 20-year UN confidentiality clause, The Island, April 9, 2014).

Now that Navi Pillay’s successor, UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, in his inaugural statement to latest Geneva session, on June 15, 2015, has advised the Maithripala Sirisena-Wickremesinghe administration to consult those who had suffered during the conflict, as well as their families, as regards accountability issues and post-war national reconciliation, the UN should help the new Sri Lankan government to get in touch with those who endured the most under the previous government. Among those who had suffered most, undoubtedly, were men and women making submissions to the UN PoE between, Dec 27, 2010 and Dec 31, 2010. The PoE received over 4,000 submissions from over 2,300 persons whose identities still remained confidential

Responding to Zeid Ra’ad Al Hussein, Foreign Ministry. Mahishini Colonne, told a news conference, in Colombo, that talks, at the highest levels, were on to commence the domestic inquiry into war crimes accusations.

Would the UN now review its stand on the confidentiality clause, as promised in April last year? The writer raised the issue with President Maithripala Sirisena, on May 20, during a meeting between the president and the print and electronic media. The President assured that the proposed probe would be carried out in conformity with international, as well as domestic standards. The president was responding to a query by The Island whether he would join Prime Minister Ranil Wickremesinghe in requesting the UN to facilitate the new probe by lifting the ban information received by the PoE.

The Maithripala Sirisena-Wickremesinghe administration should take up the issue with the UN in the wake the UN, rights chief calling for consultations between Sri Lankan investigators and victims, as well as their families. President Maithripala Sirisena had a special responsibility in defending the country due to him being the General Secretary of the SLFP responsible for Sri Lanka’s triumph over the LTTE, during the eelam war IV (Aug 2006 to May 2009).

Now that the Rajapaksas had been removed from power, there couldn’t be any reason for Western powers, as well as India, to deprive the Maithripala Sirisena-Wickremesinghe administration of an opportunity to inquire into accountability issues. As the UN rights chief has emphasized recently, the proposed domestic mechanism, set up in line with international standards, should have access to evidence received by the PoE, as well as the Ms Sandra Beidas’ investigation team, set up in accordance with the US sponsored resolution, endorsed in Geneva, in March, last year. Perhaps, the most important, as well as, comprehensive evidence available to the UN, as regards the ground situation in the Vanni region, during August, 2008, to May 13, 2009, had been so far denied to Sri Lanka. For some strange reason, those who had been responsible for Sri Lanka’s defence never really pursued the matter. Sri Lanka should request the UN to share the secret UN dossier prepared on the basis of information provided by Tamil speaking civilians, clergy, ICRC, and Tamil government servants, based in the Vanni. The PoE has acknowledged that the UN report estimated 7,721 persons killed and 18,479 wounded during Aug, 2008, to May 13, 2009. The UN report disputed the much touted accusations of over 40,000 massacred during the final phase of the offensive on the Vanni east front.

Would the new government request the UN to share the secret dossier with those in charge of the proposed domestic inquiry? It would be pertinent to mention that the UN had given the PoE access to the dossier though it is yet to be shared with Sri Lanka.

Interestingly, the UN dossier tallied with Enumeration of Vital Events (EVE) conducted by the previous government, during the months of June and July, 2011. The government ordered the EVE in the wake of persistent allegations regarding deaths of over 40,000 civilians due to military action. The EVE placed the number of persons, both civilians and LTTE killed, during January 1, to May 31, 2009, at 7,896 whereas the UN dossier placed the figure at 7,721, during August, 2008, to May 13, 2009. Perhaps the new government should seriously consider carrying out a fresh EVE under the supervision of the civil society organizations. Let the UN, too, participate in the process. Perhaps, the Diaspora can also supervise the process to ensure transparency.

The Diaspora, too, shouldn’t hesitate to fully cooperate with the government. In April, last year, the GTF spokesperson, Suren Surendiran, flatly refused to share information with what he called dictatorial Rajapaksa administration. Surendiran insisted that they wouldn’t cooperate unless Sri Lanka transformed itself to a democracy. The GTF called for change of government/system to pave the way for them to work with Sri Lanka. At that time, no one believed the then President would call for early presidential election. However, as the main impediment for the Diaspora extending cooperation to Sri Lanka had been removed, the GTF and other like minded groups should share information with the government. The government should request Diaspora organizations to share information available with them. Those who had provided information to PoE and Ms Beidas’ investigators (their report will be presented to the Sept. Geneva sessions) should be able to brief the proposed domestic investigation. There can not be any plausible reason for them to take cover behind the UN confidentiality clause any longer.

Missing Persons Commission Chairman, retired Justice Maxwell Paranagama, asserted that their investigations had been seriously hampered due to foreign governments refusal to cooperate with Sri Lanka to establish the whereabouts of those who had been categorized as missing. Paranagama said: "We are keen to establish true identities of those who had sought political asylum overseas and perhaps already taken new identities. During the previous administration, I on behalf of the Commission, wrote to several countries, through the External Affairs Ministry, seeking information on those who had reached their shores through legal or illegal means. Unfortunately, they declined to cooperate, citing domestic laws."

Paranagama said that a sizable number of Sri Lankan Tamils, including some of those who had fought for the LTTE, had escaped during eelam war IV (Aug 2006-May 2009) and after the conclusion of the conflict.

The retired judge welcomed the UN rights chief’s call for Sri Lanka to consult the victims and their families. Perhaps those governments, which had accommodated refugees of Sri Lankan origin, over the past several years, would take notice of the UN rights chief’s statement.

Responding to a query, Paranagama said that after having received a complaint from a woman, regarding the disappearance of her husband, during the conflict, the Commission immediately initiated inquiries. Investigations led the Commission to the missing man, living at a refugee camp in India, Paranagama said, adding that he was brought to Sri Lanka.

Paranagama insisted that Sri Lanka needed maximum possible international cooperation to establish the whereabouts of the missing.

Paranagama acknowledged that the UN prohibited the release of the identities of victims and their families who had complained to PoE as regards war crimes/ accountability issues, until March, 2031, in accordance with UN confidentiality clause.

The government should invite both the ICRC and the UNICEF to establish the whereabouts of those categorized as missing. The government should consider carrying out fresh investigations with the support of the ICRC and UNICEF to verify accusations. The previous government involved the UNICEF in a special project conducted by the Vavuniya Government Agent and the Probation and Childcare Commissioner (Northern Province). The joint effort was meant to reunite families, displaced during the conflict. The UNICEF report placed the number of missing persons at 2,564, including 676 children. Of those categorized as children, 64 per cent were named as LTTE child soldiers.

The LTTE forcibly conscripted children even at the last phase of fighting. Those shedding crocodile tears for Tamils today never condemn the LTTE or at least issued a statement urging Prabhakaran not to deploy children. They chose to remain silent as long as they felt the LTTE could some how achieved its objectives. Prabhakaran made a desperate bid to thwart the army on the Vanni east front until the international community intervened on his behalf.

Although the previous government executed the combined security forces offensive superbly, it failed badly on the diplomatic front. For want of a post-war cohesive strategy, those who couldn’t stomach Sri Lanka’s triumph, over terrorism, moved several resolutions in Geneva, culminating with the one last year that paved the way for an external investigation.

Sri Lanka should closely examine the entire set of Wiki Leaks cables pertaining to Sri Lanka. The previous government never made an attempt to study Wiki Leaks cables, thereby missing an excellent opportunity to establish the circumstances under which the LTTE finally collapsed on the banks of the Nanthikadal lagoon. Those who had been spearheading Sri Lanka’s defence, on the human rights front, didn’t at least bother to take up relevant Wiki Leaks in spite of Norway publicly acknowledging the importance and relevance of secret US diplomatic cables. Wiki Leaks hadn’t been taken into consideration by UNSG Ban ki moon’s PoE and whether Ms Sandra Beidas team examined them can be known in September when the report is tabled in Geneva. The Norwegian government, in September, 2011, revealed that an investigation undertaken by experts on behalf of the government examined several Wiki Leaks documents pertaining to Sri Lanka and they were proved useful. Norway regretted that as the report titled, Pawns of Peace: Evaluation of Norwegian peace efforts in Sri Lanka (From 1997 to 2009), being published, new Wiki Leaks material for assessing Norwegian peace efforts in Sri Lanka was released. Norway hadn’t been able to evaluate them.

The proposed Sri Lankan domestic inquiry, in accordance with international standards, should take Wiki Leaks into consideration. If Norwegian use of Wiki Leaks was acceptable to those pursuing war crimes probe targeting Sri Lanka, the Maithripala Sirisena-Wickremesinghe administration cannot be faulted for using them.

Perhaps, the new government should consider inviting war-time US Defence Advisor in Colombo, Lt. Colonel Lawrence Smith, to appear before those tasked with conducting fresh war crimes inquiry. Smith publicly defended the Sri Lankan military, in June, 2011, over two years after the conclusion of the war. Would a US officer come to Sri Lanka’s rescue if he had the slightest doubt regarding the intentional massacre of civilians, including those surrendering LTTE cadres and their families. In fact, Wiki Leaks as well as the Norwegian note, in Sri Lanka’s possession, can prove Lt. Col. Smith right.

Unraveling the mystery of ‘missing’ Tamils

SPECIAL REPORT : Part 77

June 16, 2015, 5:23 pm 

by Shamindra Ferdinando

The Maithripara Sirisena-Wickremesinghe administration faces the daunting task of unraveling the mystery of missing Tamils, in accordance with Sri Lanka’s overall strategy to disapprove accountability issue, pertaining to war-time disappearances, as well as cases after the conclusion of the conflict, in May 2009.

Of course, the focus is on those who had disappeared during the eelam war IV (August 2006-May 2009) and the post-war period.

In spite of Western powers, changing their hostile attitude towards the Government of Sri Lanka (GoSL), since war-winning president Mahinda Rajapaksa’s defeat, at the January 8, 2015, presidential election, the new administration must take tangible measures to address the contentious issue. A thorough inquiry to identify those who had been living overseas, after having left the country clandestinely, is of pivotal importance.

Successive governments ignored the need to address the issue of ‘missing Tamils’. Don’t forget there are missing Sinhalese, too. The disappearance of media personality, Prageeth Ekneligoda, is a case in point. Since the conclusion of the conflict, in May, 2009, the matter is now an accountability issue. It would be pertinent to examine a high profile ‘disappearance’, reported years ago, to highlight the difficulty in tracking down those who had disappeared, under mysterious circumstances, sometimes in service of the LTTE.

Let me discuss the case of the LTTE suicide cadre, who blew up one-time Indian Prime Minister and Congress Leader, Rajiv Gandhi, on the night of May 21, 1991, in Sriperumbudur, South India. The LTTE and the assassin’s family, went to extraordinary length to suppress the assassn’s identity. Although investigations carried out by Sri Lankan and Indian police identified the assassin as Thenmozhi Rajaratnam, alias Dhanu, the LTTE never acknowledged the that fact. D.R. Kaarthikeyan, who spearheaded the investigation into Gandhi assassination, as well as Radhavinod Raju, who played an important role in that probe, asserted the assassin could be Ms Rajaratnam, though they were not sure. But all available evidence pointed to the family of Rajaratnam contributing a suicide cadre for an operation that changed the destinies of both India and Sri Lanka.

The writer recently queried Selvarasa Pathmanathan, alias ‘KP’, whether he could shed light on the identity of the Gandhi assassin. A guarded Pathmanathan insisted that he wasn’t aware of the assassin’s identity and those involved in the operation. Pathmanathan asserted that it was unfair to direct that question to him. Pathmanathan has categorically denied his role in the Gandhi assassination in an interview titled ‘Transformation of a Top Tiger Leader – 1 with Canada-based D.B.S. Jeyaraj.

Some of those who had then voluntarily joined the LTTE, as well as other Tamil groups, died overseas during operations. The People’s Liberation Tigers of Tamil Eelam (PLOTE) lost several personnel during an abortive sea-borne raid in the Maldives (meant to dispose of the then President) and due to subsequent Indian navy action while they were fleeing that country in a commandeered merchant vessel. The Maldives adventure took place in early Nov., 1988.

The Special Investigation Unit (SIU), of the Central Bureau of Investigation (CBI), during the inquiry, recovered a set of photographs and video cassettes that had been smuggled in from Jaffna to Tamil Nadu, in Oct. 1990. The Indians recognized Gandhi’s assassin, known as Dhanu, among female LTTE cadres in one of the video cassettes. She had been leading a column of cadres, to the tune of martial tunes. Meticulous investigations led to Dhanu being identified as a daughter of Rajaratnam, a close associate of the top LTTE leadership. After having inspired Tamil separatism, Rajaratnam had passed away in Chennai, in 1975, long years before Indian intervention in Sri Lanka. However, Rajaratnam had been among eight persons, including poet, Kasi Ananthan, honored by the LTTE, soon after the Gandhi assassination. Many believed the LTTE honored Rajaratnam posthumously for being Dhanu’s father - a macabre ritual in deed. LTTE Central Committee member, Kasi Ananthan, had met Gandhi on behalf of the group, in March, 1991, a few weeks before his assassination. Interestingly, at the time of the pow-vow between Gandhi and Kasi Ananthan, the LTTE had decided to eliminate Gandhi. The March 5, 1991, meeting, at the Gandhi residence, in New Delhi, underscored the devious ways of the LTTE. Perhaps the meeting was especially meant to give Gandhi a false sense of security. (Assassinated Sri Lanka Foreign Minister, Lakshman Kadirgamar, too, is widely believed to have had received an assurance from the LTTE as regards his personal security). Dhanu had arrived in Tamil Nadu, early May, 1991. Dhanu was accompanied by another assassin known as Subha. Subha was to carry out the suicide attack in case Dhanu couldn’t, for some unforeseen reason. Having attended a meeting at Nandanan, Chennai, on May 7, 1991, chaired by one-time Indian prime minister V.P. Singh, the duo got close to the VIP with the latter accepting a garland from Dhanu’s hands. It was a ‘dry run’ for Gandhi’s assassination.

Indian investigators believed that Dhanu was in fact Rajaratnam’s third daughter by a second marriage. However, Rajaratnam’s family insisted that Rajaratnam’s third daughter, Kalaivani, alias Captain Akino, died in a confrontation with the Sri Lankan Army, at Weli Oya, on September 8, 1991.Rajaratnam had three daughters from his second marriage. While his eldest daughter, Vasugi, married and lived in Canada, at that time, the second daughter, Anuja, and the third, Kalaivani, fought for the LTTE. LTTE battlefield records placed Kalaivani as one of the seven female cadres, died in action, on September 8, 1991. According to the LTTE, the Rajaratnams lived at Kaithadi, Nunavil, Chavakachcheri. If Kalavani hadn’t been the suicide cadre, and died in battle, with the SLA, in Weli Oya, who assassinated Gandhi?

Indian and Sri Lankan investigators never made an attempt to established the true identity of Subha, who later committed suicide in an LTTE hideout, in Bangalore, during an Indian operation to capture her.

A three-month police hunt to apprehend LTTE terrorists, involved in the Gandhi assassination, ended when seven persons, including the main chief suspect (one-eyed Jack Pakischanran, alias Sivaraja Master, alias Raghuvaran, alias Sivarasan, alias Raghu Anna, and Subha, committed suicide as the police closed in on their hideout in the southern city of Bangalore. Sivarasan shot himself in the head. Others consumed cyanide.

Sivarasan, nicknamed One-Eyed Jack after he had lost an eye in an earlier bomb explosion, in Sri Lanka, was identified by the police as the key figure in the conspiracy to assassinate Gandhi.

The seven terrorists had been tracked to their hideout, but they were able to hold off the police in a three-hour gunfight in which five policemen were wounded. Interestingly, the Indian media identified Sivarasan, who was 32 years old, as Raja Arumainayagam, and he was a government employee, in Sri Lanka’s eastern province.

Investigators first came to know of Silvarsan’s role in the killing of Gandhi when an Indian photographer, sympathetic to the macabre eelam cause (Haribabu), Silvarsan had hired to photograph the assassination, was himself killed in the blast. The camera, with 10 pictures, was seized by the police. It included a photo taken moments before the explosion that showed Sivarasan, with a notebook in hand, and three women, including the assassin, awaiting Gandhi.

The suicide deaths in Bangalore occurred on Gandhi’s 47th birthday.

The Gandhi assassination probe revealed that the mastermind of the killer squad had been among those who received military training in India. Sri Lankan security authorities, too, firmly believed that Sivarasan had undergone weapons training in India and freely operated there. They also pointed out that Selvarasa had been responsible for multiple killings, in India, before he undertook the project to assassinate Gandhi. The Rajiv Gandhi Assassination: The Investigation, authored by D.R. Kaarthikeyan, and Radhavinod Raju, quoted one Suthenthiraraja, whom they identified as a classmate of Sivarasan’s younger brother, Ravichandran, as having said that the LTTE mastermind’s actual name was Pakiachandran, son of Chandrasekharam Pillai, of Veerabhadra, Koiladdy, Udippidy, Jaffna. According to Suthenthiraraja, Pakiachandran had been an employee of the Ceylon Electricity Board, Batticaloa. He had joined the Tamil Eelam Liberation Organization (TELO) but later switched his allegiance to the LTTE and lost his left eye during a confrontation with the Sri Lankan Army, in May 1987. two months before the signing of the Indo-Lanka Peace Accord, on July 29, 1987.

The authors, who had been directly involved in the Gandhi assassination probe referred to reports of Sivarasan being one of those wounded LTTE cadres who had been flown by the Indian Air Force to Tamil Nadu for treatment, consequent to the Indo-Lanka accord of July, 1987. Having admitted that Sivarasan had been treated at the Aravind Eye Hospital, Madurai, the authors claimed they couldn’t find any records to prove Sivarasan being there during August, 1987.

As I have mentioned previously, Sivarasan receiving Indian training and the subsequent Gandhi assassination should be examined in the context of India’s admission that it intervened in Sri Lankan.

J.N. Dixit, who had been India’s High Commissioner, in Colombo, at the height of the Indian military intervention, in his memoirs, ‘Makers of India’s Foreign Policy: Raja Ram Mohun Roy to Yashwant Sinha’, revealed that Sri Lanka had been plunged into a destructive war, in accordance with India’s foreign policy. Causing a terrorist war, very much similar to the one launched by one-time Liberian President, Charles Taylor, targeting Sierra Leonne, had been nothing but a foreign policy counter measure meant to meet the US challenge. Sri Lanka had been a major preoccupation of India’s foreign policy, during Indira Gandhi’s last two years of life, according to Dixit, who examined the Indian action in terms of New Delhi security concerns caused by Sri Lanka’s relationship with the US, Pakistan and Israel. Indira Gandhi’s policy approach is a glaring example of a misguided notion causing massive death and destruction. India’s policy had a devastating impact on Sri Lanka, and the Maldives escaped mayhem, thanks to a planned terrorist attack going wrong.

Let me quote Dixit verbatim: "It would be relevant to analyze India’s motivations and actions vis-a-vis Sri Lanka in the large perspective of the international and regional strategic environment obtaining between 1980 and 1984. President Reagan was in power in the US and the Soviet Union was going through post Brezhnev uncertainties, preceding Mikhail Gorbachev’s arrival on the scene...."

The Gandhi assassination probe also established beyond any doubt Sivarasan carrying out the massacre of the Eelam People’s Revolutionary Liberation Front (EPRLF) leadership during third week of June, 1990, in Chennai.

Had Sivarasan received injuries, during a May, 1987, confrontation with the army, where did the confrontation take place? Suthenthiraraja, obviously cooperated with Indian investigators and went to the extent of revealing his involvement in the massacre of the EPRLF leadership. In fact, Suthenthiraraja, who had been first brought to Tamil Nadu by the Indian military, in February, 1990, subsequently worked for the LTTE. Recruited by Sivarasan, he provided specific intelligence that led to LTTE hit squad storming the EPRLF office. The killer squad used guns and grenades to massacre 14 EPRLF personnel, including the then EPRLF Finance Minister, Kirubhakaran, Jaffna MP Yoga Shankari and leader Padmanabha. Suthenthiraraja had been also directly involved in the Gandhi assassination, though he obviously escaped the law by cooperating with India.

In hindsight, Sivarasan would never have thought Indian investigators picking up Chinon camera, used by Haribabu to capture the suicide blast, directed at Gandhi, or the photographer taking a picture of him (Sivarasan). Obviously, Haribabu absolutely had no idea about the direction of the blast. Had he been briefed by Sivarasan, he would have positioned himself at a safer distance. Had the blast obliterated the camera, investigators would have found it extremely difficult to prove the LTTE’s direct involvement in the Gandhi assassination. In fact, the photographs, taken by Haribabu, led to the investigators to the hit squad. If not for those pictures, Sivarasan, Subha, as well as other LTTE members, involved in the Gandhi assassination, would have had an opportunity to leave Tamil Nadu by boat, at their pleasure. It would be pertinent to mention that the LTTE hadn’t been the only suspect organization which could have carried out the world’s first suicide blast, directed at a political leader. If not for Haribabu’s photographs, Indian investigators would have spent time inquiring into the possibility of Sikh or some other terrorist organization carrying out the attack. But the publication of the suicide cadre Dhanu’s picture moments before the blast on the front-page of The Hindu on May 24, 1991, caused panic among the hit squad, comprising of Sri Lankans and Indians. There had never been a case of people of any nationality conspiring with external elements to mount a suicide attack on one of their own political leaders. The Gandhi assassination was the first such diabolical act. If not for the timely The Hindu revelation, those who had been involved in the conspiracy could have escaped. Among the escapees would have been Indian trained Sivarasan, who could have died in action, in Sri Lanka, or survived the war, to receive political asylum in some European or Scandinavian country or reached Australia through the risky sea route, before tightening of Australian laws to thwart human smugglers.

A thorough international investigation is required to identify those who had obtained foreign nationalities after having committed atrocities in Sri Lanka and India. Those who had fought for the LTTE committed heinous crimes for the advancement of the murderous eelam cause, though today they are taking shelter behind new identities.

Sri Lanka should request India, and influential Diaspora organizations, to support its efforts to locate those who had been categorized as missing. It wouldn’t be a task handled alone by Sri Lanka and those demand accountability on the part of the previous GoSL should assist the Maithripala Sirisena-Wickremesinghe administration to establish the truth.

Missing persons: A cause for serious concern

UN Working Group on Enforced or Involuntary Disappearances due ahead of Geneva confab

SPECIAL REPORT : Part 76

May 26, 2015, 5:47 pm 

By Shamindra Ferdinando

In the wake of repeated calls, to investigate war-time disappearances, the United Nations Working Group on Enforced or Involuntary Disappearances announced its decision to visit Sri Lanka this year.

A 10-day visit is now scheduled to commence on August 3, a month before the presentation of an external probe, that dealt with accountability issues in Sri Lanka, to the Geneva-based United Nations Human Rights Council (UNHRC). The UN made its announcement on May 9, 2015. The announcement followed the Maithripala Sirisena-Wickremesinghe administration inviting the UN Working Group to visit Sri Lanka. The five-member Working Group will primarily assists families in determining the fate, or whereabouts, of missing family members.

The previous government denied an opportunity for the Working Group to visit the country.

UN Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-recurrence Pablo de Greiff in April, 2015 called for immediate action to clarify the fate of the disappeared. Greiff asserted that post-war national reconciliation would never be a reality unless the government tackled contentious issues such as disappearances. The declaration was made following a four-day visit here, commencing March 30, 2015.

US Secretary of State, John Kerry, too, emphasized the pivotal importance of establishing the fate of those who disappeared during the conflict.

Sri Lanka needs the assistance of the international community to investigate disappearances because a sizable number of those, who had been categorized as missing here, are now living overseas, in some instances under new identities, courtesy of foreign governments.

The new government shouldn’t hesitate to seek international assistance to establish the truth. The proposed mechanism, to investigate accountability issues, should be mandated to work closely with the international community to explore ways and means of tracking down those who had been categorized as missing. How many of those who had been reported missing are living abroad? Have they obtained foreign citizenship? How many are seeking permanent residency? Can Sri Lanka continue to ignore the need at least to establish the probable number of Sri Lankan Tamils given citizenship abroad since the onset of Eelam War IV, in August, 2006? How many remain in Australian custody after being arrested for seeking illegal entry?

Recently, an overseas Tamil grouping declared that it represented over one million Tamil Diaspora forced out of Sri Lanka during the conflict. The claim was made in a joint letter, the grouping sent to Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights Office of the High Commissioner for Human Rights (OHCHR). The declaration was made last February by (1) Australian Tamil Congress (2) British Tamil Conservatives (3) British Tamil Forum (4) Center for War Victims and Human Rights (5) Federation of Tamil Sangams of North America (6) Global Tamil Forum (7) Ilankai Tamil Sangam (8) New Zealand Tamil Society (9) People for Equality and Relief in Lanka (10) South African Tamil Federation (11) Swedish Tamil Forum (12) Tamils Against Genocide (13) Tamils For Labour (14) United States Tamil Political Action Council and(15) World Thamil Organization.

"Our organizations, representing the one-million strong Tamil Diaspora, forced out of Sri Lanka, due to the conflict, and having lost tens of thousands of relatives, fully endorse the call by the Northern Provincial Council, and urge you to release the OISL report, in March 2015, as originally mandated. President Sirisena’s election and short tenure do not negate the need for a timely release. The UN stands as the standard bearer of human rights. Therefore, any recommendations, within the OISL report, should serve as the baseline, and driving force, to guide a credible accountability process."

On the strengthen of that claim, the grouping demanded that the external investigation report on Sri Lanka should be presented to the UNHRC last March. In spite of its demand, the UNHRC put off the presentation, for September this year. There’ll be no further postponement.

A thorough investigation is required to establish whether the one million Diaspora, included some of those categorized as missing. Sri Lanka needs the cooperation of the international community to carry out the investigation. Sri Lanka should take up this matter with the International Committee of the Red Cross (ICRC) whose expertise is essential to bring the project to a successful conclusion. The Diaspora exploited the previous government’s refusal to work with Western powers. The new administration has an opportunity to counter false propaganda by involving the international community in the proposed investigation.

In fact, the Diaspora should cooperate with the new government to establish the truth. Foreign Minister, Mangala Samaraweera, has cleared the way for close operation between the government and Diaspora groups by taking measures to do away with the ban imposed on them by the previous government. Perhaps, the ICRC can facilitate the process of smooth progress.

The ICRC office, in Colombo, in late March, this year, made a very important revelation with regard to disappearances. The ICRC spokesperson, Ms Sarasi Wijeratne, in a statement issued, following a five-day visit undertaken by ICRC Director of Operations, Dominik Stillhart to Colombo, placed the number of complaints received, regarding missing persons, since June, 1990 at 16,000. The ICRC issued the statement subsequent to Stillhart meeting Prime Minister Ranil Wickremesinghe and FM Samaraweera.

The ICRC statement dealt with disappearances taken place, since the onset of Eelam War II. The ICRC list included 5,200 complaints received from families of those security forces and police personnel killed in action. Families had lodged complaints due to failure on the part of the army to hand over bodies of their loved ones. The army hadn’t been able to recover bodies on many occasions, though the ICRC facilitated transfer of bodies across front lines.

The ICRC mission in Colombo said that the organization had launched a countrywide assessment in October, 2014, using a representative sample from its own caseload to ascertain the needs of the missing persons families. The ICRC assured that at the end of the assessment, a report, with its findings, would be prepared and shared confidentially with the government of Sri Lanka to help it to draw up a response to what these families need. The ICRC also promised its assistance to government efforts. The ICRC initiative is in line with its overall proposals to establish an independent domestic mechanism to facilitate the process.

The ICRC quoted Stillhart as having said: "The ICRC’s experience, from its work with families of missing persons, in other countries, is that their needs are multifaceted. Their priority is the need to know the fate and whereabouts of a missing relative, without which they have no closure and a mechanism which is distinct from an accountability process is required to address this need. But they also have other needs such as psychosocial and economic support and administrative, or legal concerns, arising from having to resolve pension or property rights."

The ICRC has been present, in Sri Lanka, since 1989, responding, initially, to the humanitarian needs of persons affected by the uprising of the Janatha Vimukthi Peramuna (JVP) in the South and, thereafter, by the conflict between the government of Sri Lanka and the Liberation Tigers of Tamil Eelam (LTTE) in the North and the East.

Western powers refused to cooperate with the previous government’s efforts to establish the whereabouts of those who had been categorized as missing since the conclusion of the war, in May 2009. Now that the Maithripala Sirisena-Wickremesinghe administration is in power, Western powers can help Sri Lanka to establish the whereabouts of those who disappeared during Eelam war IV and after. In spite of the end of the conventional war, over six years ago, Sri Lankan Tamils continued to clandestinely leave the country, claiming harassment, under the Rajapaksa administration. Except Australia, all other countries encouraged those who had been seeking political asylum on false grounds. Many Sri Lankan Tamils, who had been living in India, Malaysia, and some other Asian countries after fleeing the country years ago, sought asylum in Western world since the conclusion of the conflict.

The then Canadian Citizenship, Immigration and Multiculturalism Minister, Jason Kenney, in January, 2013, asserted that genuine Sri Lankan asylum seekers should seek refuge in India, particularly in Tamil Nadu, without risking their lives to reach Canada and Australia. Kenney said that he, too, believed asylum seekers could move across the Palk Straits, to Tamil Nadu, as they had been doing during the war. Minister Kenney suggested that those who had genuine concerns could take refuge within the region. The Canadian Minister was obviously rattled by this correspondent asking for a rational explanation as to why those allegedly being persecuted by the Rajapaksa government sought protection in nearby India without risking their lives to reach far away Canada and Australia. Minister Kenney categorized the issue of missing persons as a serious matter.

Some of those who had been categorized as disappeared can be living in Canada. In fact, some of those could have secured Canadian citizenship though Canada adopted a series of tough measures, in June, 2012, in accordance with a parliamentary act, titled Protecting Canada’s Immigration System. Minister Kenney also revealed that 25,000 Sri Lankans had been accepted as permanent residence during the period 2007-2012. Since then Kenney has taken over Multiculturalism and National Defence portfolios, whereas Chris Alexander is in charge of Citizenship and Immigration.

Sri Lanaka never received access to those who had entered Canada through illegal means. A case in point was an LTTE owned ship, MV Sun Sea, carrying 490 persons reaching Canadian waters, in August, 2010. Although Canada knew that LTTE cadres had been among the would be asylum seekers, the government never shared relevant information with Sri Lanka. Canadian policy has facilitated Canadians, of Sri Lankan Tamil origin, gradually expanding the voting population to enable direct parliamentary representation. Jaffna - born Rathika Sitsabaiesan, secured a seat in the Canadian Federal parliament at the 2011 general election. Sitsabaiesan contested on the New Democratic Party ticket. The Canadian, of Tamil origin, angered some of her parliamentary colleagues by comparing an annual commemoration of LTTE cadres killed in the hands of the Sri Lankan and Indian armed forces with the Canadian Remembrance Day. The MP put her foot in her mouth in Canadian parliament. But the growing Tamil electorate in Canada has compelled major political parties to address their concerns. Canada invariably takes decisions at the expense of Sri Lanka.

Whistle - blowing website, Wiki Leaks, has exposed one-time British Foreign Secretary, David Miliband, playing politics with Sri Lanka’s war against the LTTE. The diplomatic campaign by Miliband, to champion aid and human rights, during the final phase of the large scale military operations, on the Vanni east front, had been largely driven by domestic political calculations.

A leaked May, 2009, cable, from the US Embassy in London, quoted the Foreign Office team leader on Sri Lanka, Tim Waite, as having explained Miliband’s intense focus on Sri Lanka, in terms of the UK electoral geography.

"Waite said that much of [Her Majesty’s government] and ministerial attention to Sri Lanka is due to the ‘very vocal’ Tamil diaspora in the UK, numbering over 300,000, who have been protesting in front of parliament since April 6," Richard Mills, a political officer at the US Embassy, reported to Washington. David Miliband’s brother, Ed Miliband, who led the Labour at the recently concluded UK general election, too, played the Tamil card.

As those 15-member Diaspora grouping pointed out, in its letter to UN human rights chief, Zeid Ra’ad Al Hussein, the West can not ignore the voting power of one million Sri Lankan Tamils living overseas.

TULF veteran V. Anandasangaree’s son, Gary, a lawyer, based in Scarborough, is contesting the forthcoming Canadian general election, on the Liberal ticket. Claiming that his parents, too, had migrated to Canada, Gary is promising to help those seeking to make Canada their home. Anandasangaree has declared that he sought Liberal party nomination to launch a political career to enable him to facilitate the process. The four-party Tamil National Alliance (TNA) has assured support to Gary Anandasangaree much to the discomfort of the isolated TULF leader. Gary Anandasangaree has earned the admiration of the Canadian electorate, of Sri Lankan origin, by strongly backing external war crimes investigation the Sri Lankan government should seek Canadian assistance to verify war crimes accusations, contained in the UN Secretary General panel of experts’ report, issued in March, 2011. Some of those who had made submissions, to the panel of experts, are widely believed to be living in Canada. According to the panel of experts’ it had received over 4,000 submissions, from 2,300 persons, alleging war crimes with the accusation of 40,000 civilians killed during the final phase being the most serious. The UN should prove that those who had accused the Sri Lankan military of atrocities were in fact in Sri Lanka during the final phase of the assault (January-May 2009). For want of a cohesive thinking, the previous government never bothered to properly examine accountability issues and relevant matters. Instead of countering those propagating lies, the previous government engaged in futile exercises such as hiring expensive US public relations firms to win over US administration.

Sri Lanka cannot ignore the urgent need to re-examine the missing persons’ issue thoroughly. The new government, without further delay, should call for an international effort to verify war crimes allegations. The government should fully cooperate with the international community to help establish the truth. Verifying some 4,000 submissions made by 2,300 persons will be of pivotal importance. In fact, Sri Lanka’s defence, in Geneva, depends on the new government’s ability to convince the international community to verify still UNSUBSTANTIATED allegations.

The high-profile case of Thayaparajah

Re-appearance of a man missing for over four years

SPECIAL REPORT : Part 75

May 19, 2015, 5:34 pm 

by Shamindra Ferdinando

Foreign Minister, Mangala Samaraweera, recently assured the Colombo-based diplomatic community of the Maithripala Sirisena-Wickremesinghe administration’s determination to address contentious issues, especially missing persons, restoration of land to rightful owners and post-war national reconciliation.

Minister Samaraweera gave his assurance on May 12, in the wake of US Secretary of State John Kerry emphasizing the utmost importance in having the missing persons issue addressed without further delay. The briefing at the Foreign Ministry was attended by senior representatives of 24 diplomatic missions in Colombo. Kerry asserted that the resolution of missing persons issue was crucial to achieve post-war national reconciliation.

Those demanding accountability, on Sri Lanka’s part, for deaths, and destruction, as well as disappearances, cannot decline help to find the missing persons.

Sri Lanka should seek international assistance to investigate cases of missing persons. The project can be undertaken, under the auspices of the International Committee of the Red Cross (ICRC), to verify accusations, directed at the government of Sri Lanka (GoSL). In fact, a thorough investigation, jointly conducted by the GoSL and the international community, can establish the truth.

The high profile case of Kathiravel Thayapararajah reported in the wake of the LTTE’s battlefield defeat in May, six years ago, underscore the need for a comprehensive international investigation. The previous government pathetically failed to investigate the matter. Having perused ‘The Kerry visit: Points to ponder, irrelevance of Vietnam factor’ in Midweek last week, UPFA MP Prof. Rajiva Wijesinha suggested a detailed report on the disappearance and re-appearance of Thayapararaja.

India can facilitate investigations into Thayapararaja’s case.

The then 28-year-old Kathiravel Thayapararajah disappeared, in late September, 2009. Since the Sri Lankan military brought the war to a successful conclusion, in May 2009, there had been a spate of accusations regarding disappearances, both in the Northern Province, as well as Colombo. Thayapararaja’s disappearance attracted the attention of many, including the Colombo-based diplomatic community, due to him being the director of a US - funded project, in Kilinochchi, the nerve centre of LTTE operations.

In a report, dated September 24, 2009, Tamilnet alleged that Sri Lankan intelligence services (an obvious reference to the Directorate of Military Intelligence-DMI) had ‘extra judicially’ executed Thayaparajah during the second week of September, of the same year. The Tamilnet claimed Thayaparajah’s wife, Uthayakala, had taken refuge at an organization in Colombo, managed by the Church. Uthayakala had been also looking after the only child of her sister.

Tamilnet revealed that the then US Assistant Secretary of State, Robert Blake, has inquired about the missing person, through the US Embassy in Colombo, after having received a complaint from a human rights organization. The website didn’t identify the human rights organization.

A section of the social media alleged Thayapararajah had been killed by Sinhala Nazis.

No less a person than Ramu Manivannan, head of the Department of Politics and Public Administration, University of Madras, in controversial ‘Sri Lanka- Hiding the Elephant,’ alleged that Thayapararaja had been picked up by the Criminal Investigation Department (CID), and the Special Forces, and was killed by an assassin, working for the Sri Lankan military. Having declared that Thayapararaja had been killed, on September 15, 2009, Manivannan went to the extent of claiming that Thayapararajah’s wife, Uthayakala, and some close relatives, had identified the body. According to the author, the government had cremated the body and handed over the ashes to Uthayakala as she wasn’t prepared to accept the body. The book dealt with alleged genocide, war crimes and crimes against humanity. The Ilankai Tamil Sangam, an association of Tamils, of Sri Lankan origin, promoted the book, in a big way, with Prof. V. Suryanarayan, of ‘South Asia Analysis Group,’ reviewing it in August, 2014. Suryanarayan had been former Senior Professor, Centre for South and Southeast Asian Studies, University of Madras.

Prof. Suryanaarayan said: "In the introductory chapters, Prof. Ramu Manivannan has raised a very pertinent question – the contradiction between the principle of absolute sovereignty of the state and the global Responsibility to Protect (R2P). During recent years, R2P is rapidly gaining ground as an important axiom in International Humanitarian Law. It is a simple, but at the same time, a very powerful idea. At present, the primary responsibility of protecting the people against mass atrocities and genocide lies with the State. State sovereignty implies responsibility to protect, not to kill. But when the State is unable, or unwilling, to abide by this primary responsibility, it is the duty of the international community to step in and uphold this principle. The primary tools of the international community are persuasion and support. But when this fails, the international community must think in terms of international intervention to prevent catastrophe and genocide. R2P was unanimously adopted by the UN General Assembly, in the world summit, at 2005. But much more remains to be done before it becomes a universal axiom. The brain behind the R2P is Gareth Evans, the former Australian Foreign Minister, who played a stellar role in bringing peace to war torn Cambodia

I would like to conclude the review with the famous lines of Pablo Neruda: "Perhaps this war will pass like others which divided us; leaving us dead, killing us along with the killers; but the shame of this time puts its burning fingers in our faces; who will erase the ruthlessness hidden in innocent blood?".

Having graduated from the University of Peradeniya, in 2000, Thayapararajah joined the Advanced Technological Institute, Vanni Institute of Technology (VanniTech), in Kilinochchi, as its director, two years after the inauguration of the Institute, in June, 2003. The Institute provided Information Technology education to youth, and was developing as a sought after institution of study in the North. Funded by Tamil expatriate technologists from Silicon Valley, VanniTech was registered as a US federal tax exempt. The International Tamil Technical Professionals’ Organization (ITTPO), a non-profit charitable organization, based in San Jose, California, provided the required funds to setup VanniTech meant to introduce and advance high-tech education in Northeast Sri Lanka, establishment of a technological research and development center for high-tech innovations, and the creation of a technically competent workforce for future enterprises.

The US - based group was taking advantage of the Norway - arranged Ceasefire Agreement (CFA) to establish its presence in the LTTE-held Vanni region. The project had the backing of the LTTE, and some members of the VanniTech staff worked closely with the LTTE. Thayapararaja had closely associated with senior LTTE cadres, including intelligence wing personnel. In fact, VanniTech was to provide required expertise to enhance the LTTE’s domestic weapons manufacturing project.

The then UNP government turned a blind eye to what was happening. VanniTech had been nothing but prefect cover for clandestine LTTE project. The project paved the way for the LTTE to receive funds from Tamil Diaspora to further strengthen the VanniTech.

The Sunday Leader, in its May 18, 2015, edition dealt with Thayapararajah’s issue in an excellent piece, titled The ‘mystery’ of the missing LTTEer, by Camelia Nathaniel.

The Australian Government Refugee Review Tribunal, too, accused Sri Lankan of executing Thayapararajah. The European Center for Constitutional and Human Rights report, 2010, made unsubstantiated allegations as regards Thayapararajah’s case. Repetition of accusations revealed the readiness of those who had despised Sri Lanka’s victory over the LTTE to propagate unsubstantiated allegations.

University Teachers for Human Rights (UTHR), in a special report, bearing No. 34, released on December 13, 2009, too, accused the government of executing Thayapararajah. However, UTHR acknowledged that by 2008, Thayapararaja had to work closely with senior LTTE cadres, including Charles Anthony, in the backdrop of the LTTE taking control of the institution. The LTTE move should be examined, taking into consideration the army gradually taking the upper hand in the Vanni west region. A relentless multi-pronged army advance east and west of Kandy-Jaffna A9 road caused chaos in the rapidly shrinking area, under LTTE control.

Having alleged that Thayapararajah had been arrested by the CID and Special Forces team, the UTHR report, bearing the number 34, said: "At some point some place Thayapararajah received gunshot injuries in circumstances unknown to the family and was taken to the Kalubovila Hospital Colombo, on 13th September. The family was informed the same day that they ought to come as he was in a serious condition. As Uthayakala was scared she sent her grandmother. He died on 15th September. His wife, her old grandmother and one of the children identified the body. As no one was prepared to arrange a funeral, the body was cremated and the ashes given to Udayakala. The lawyer, who represented Thayapararajah, says there are two engineers and a doctor still at the Avissavela camp."

"Thayapararajah had an injury in the chest area. Some felt that Thayapararajah was shot by an assassin, working under the security forces, privy to the information that Thayapararajah was to be escorted by the Police to a court in Colombo. Another possibility is misfire from a weapon carried by the escort or he was shot when he tried to escape. The escort had no intention of killing him is suggested by the fact that they warded the injured man in hospital and tried to save him – he was alive for two days".

Then, much to the embarrassment of those who had been accusing Sri Lanka of executing Thayapararajah, the VanniTech Director emerged in Tamil Nadu, in early May, 2014. Thayapararajah had been accompanied by Uthayakala and three children. The previous government never bothered to take up the Thayapararajah’s case with India. The External Affairs Ministry slept on it. The ministry never realized the need to examine the circumstances under which Thayapararajah had gone underground, since September, 2014, until he, along with wife and children, surfaced in Tamil Nadu, over five years later. Thayapararajah’s disappearence and re-appearance hadn’t been an isolated case. There could be thousands of ‘ Thayapararajahs’ in the world and every one of them categorized as ‘missing.’

The Tamil Nadu police arrested a group of Sri Lankans, including Thayapararajah, in Dhanuskodi, for illegally entering the country. There had been 10 persons, including five children in the group. Thayapararajah had been 28 years of age when he disappeared and was 33 when he reemerged. The Indian media identified the children, accompanying Thayapararajah, and Uthayakala, as Diyaroan 12, girls, Dilany 6, Dilshiya 4.

Thayapararajah told Tamil Nadu police that he had worked as an Assistant Lecturer at the University of Peradeniya, in Kandy, after graduation from the same University, in 2005, as an engineer.

Sri Lanka is unaware of the whereabouts of Thayaparajah and his family. Are they still in Tamil Nadu or did they manage to find their way to Australia, or some other developed country. Thayapararajah’s whereabouts remains unknown. The Foreign Ministry should seek India’s help to track down Thayapararajah and seek a statement to establish the circumstances under which he went underground. The previous government made a serious effort to conduct investigations into alleged cases of disappearances. The government failed to realize that a thorough investigation would, in fact, help Sri Lanka’s defence in Geneva.

The US and its allies, including India, can furnish data in respect of those Sri Lankans who had received citizenship in their territories, accommodated in refugee camps, or in prison, at least over the past six years, to identify persons categorized as missing. Now that the Rajapaksas are no longer at the helm, Western powers shouldn’t hesitate to help Sri Lanka to establish the truth. It is not a secret that some of those who had secretly left Sri Lanka, over the years, received new identities, courtesy foreign governments, in some instances with Sinhala names for Tamils and vise versa. A case in point is one-time JVP heavyweight and Front line Socialist Party (FSP) leader, Kumar Gunaratnam, receiving Australian citizenship with a new identity. Australia issued a passport bearing the name of Noel Mudalige. The Island dealt with Thayapararajah’s case on several occasions. Let me reproduce a story, authored by the writer, and carried in the front-page of The Island, on May 14, 2004. The news item was headlined ‘Man whose ‘disappearance’ evoked Blake’s interest found with suspect’ with strap-line ‘Indian help sought to recover money from woman human smuggler’

The story: "Several Tamils have sought Indian intervention to help recover their money from a female human smuggler, Thayapararajah Uthayakala, now in the custody of Tamil Nadu authorities, for illegal, entry during the first week of May, 2014.

In a letter to the Indian Consulate in Jaffna, a group of Tamils has called for tangible action to enable the group to recover money collected by Uthayakala, formerly married to an LTTE cadre, promising employment in the UK. The victims alleged that Uthayakala had duped them by taking them to VFS Global UK Visa Application Centre in Colombo, where they handed over visa applications.

Having assured that they would be found employment in the UK, Uthayakala had collected millions of rupees from unsuspecting people, over a three-month period, before demanding additional US $ 2,000 each to prove authorities at the Bandaranaike International Airport (BIA) that they were genuine travelers.

A senior Sri Lankan official, familiar with the ongoing investigation, told The Island that Uthayakala had no intention of at least accompanying them to BIA. Instead, after having taken them to Amala Guest House, in Negombo, Uthayakala had collected US $ 2000 each from would be travellers, to the UK, and left directing the victims to follow her to the BIA. They had no option but to leave the BIA disappointed as Uthayakala couldn’t be found there. Although they knew they had been duped nothing could be done as the whereabouts of Uthayakala wasn’t known.

The official said that Uthayakala would have easily disappeared to some Western country if she was not arrested by Tamil Nadu authorities for entering the country illegally. Still she could have escaped if she didn’t attract the attention of the media by alleging large scale atrocities committed by the Sri Lankan military. Had she simply claimed economic difficulties, the Indian media wouldn’t have bothered with her or others in her group. She was among ten Tamils, including five children who landed at Arichamunai off Dhanuskodi, in the early hours of May 5.

Asked whether the government would conduct an investigation into human smuggling racket, the official said that there was a need for a comprehensive investigation. He said: "Thanks to the Indian media, we are able to identify Uthayakala’s second husband, Kathiravel Thayapararajah (33), whose disappearance, in September, 2009, prompted a section of the media, as well as some international NGOs, to accuse Directorate of Military Intelligence (DMI), of executing him. No less a person than the then US Assistant Secretary of State for South Asian Affairs and one-time US Ambassador in Colombo, Robert O. Blake, inquired about the missing person."

The University Teachers for Human Rights (Jaffna), the Australian Government Refugee Review Tribunal, Tamilnet and the European Center for Constitutional and Human Rights, among others, blamed the Sri Lankan intelligence for the disappearance.

Well informed sources told The Island that Thayapararajah had been closely connected to the LTTE, though he wasn’t involved in actual fighting on the ground. Having graduated from the Peradeniya University, Thayapararajah had joined a project run by Vanni Tech in Kilinochchi with the financial backing of the US based Tamil Diaspora. The project launched in 2003, during the Ceasefire Agreement, brokered by Norway, was one of those operations, undertaken by the Diaspora, though Thayapararajah joined the organization in 2005.

Meanwhile, another person living in Colombo has written to the Indian High Commission requesting Uthayakala’s extradition to Colombo to face an inquiry over an alleged attempt to extort money from him."