Govt.

turns war crimes

probe into polls issue
Sunday, June 15, 2014
Though not publicly known, a subject of importance Indian Prime Minister
Narendra Modi raised with President Mahinda Rajapaksa, just hours after being
sworn-in, was the issue of Pakistani militant groups gathering in ri !anka to
plan terrorist acts against India"
That was during talks at the
#yderabad #ouse in New
$elhi on May %&" It came
barely a day after Rajapaksa
took part in Modi's swearing-in
ceremony at the forecourt of
Rashtrapati (ha)an"
*ccording to a ri !ankan
source present at the talks,
the +uery from Modi citing the
alleged in)ol)ement of an
intelligence agency also in this
e,ercise took Rajapaksa by
complete surprise" #e
undertook to go into the matter
when he returned to -olombo"
That Premier Modi did raise
such an issue, besides asking
Rajapaksa to fully implement
the ./th *mendment to the
-onstitution and go beyond it,
as re)ealed in these columns,
was proof enough that he did
his homework just hours after
taking his oaths" That was on
the night of Monday, May %0" #e met Rajapaksa the ne,t day"
No sooner Rajapaksa returned to -olombo than the Ministry of $efence went
into action" In)estigati)e and intelligence arms probed the issues raised" Though
there was no concrete e)idence of Pakistani militant groups operating anywhere
in ri !anka, the mass influ, of Pakistani nationals after the 1o)ernment offered
them easy )isas on 2lectronic Tra)el *uthorisation 32T*4 for /5 days, was
causing a serious problem" Most of them are coming in as 6tourists7 but claiming
to be 6refugees,7 after walking into the -olombo office of the 8N #igh
-ommissioner for Refugees 38N#R-4" It is here that they register"
-ompared to %5.%, where only .5% sought such registrations, last year, the
8N#R- recorded the cases of .,9:; 6Pakistani asylum seekers"7 Registration of
refugees in -olombo was made possible by a %55< agreement between the
1o)ernment and the 8N#-R" 8nlike in countries where conflicts ha)e triggered
refugee e,odus across borders, the 8N#R- does not maintain camps in ri
!anka" #ence, the 6refugees7 here are free to roam and do whate)er they like
once they ha)e entered their names on the 8N roll" There are no known
instances of them being re-located to another country" =thers ha)e arri)ed as
either clerics or after using the #awala money transfer system" The term in
*rabic is an informal method of transferring money by handing it o)er to a
source, usually businessmen, in one country and recei)ing it in another"
>hilst most were seeking employment, e)en doing menial jobs, others were
running business )entures" 6It has become )ery difficult to keep track of all the
acti)ity since they ha)e spread out to different pro)inces,7 said one in)estigator"
#ence, he said, 6we cannot say what kind of acti)ity is going on and what is not"
Monitoring them closely is no easy task with so many coming and going"7 ome
of those +uestioned had claimed they were fleeing religious persecution in
Pakistan" That included -hristian and smaller groups of *hmedis, who claim to
practise Islam in its 6pristine form7 as against the majority contemporary
followers"
This week, the Ministry of $efence decided that all Pakistani nationals who are
o)erstaying their )isas should be deported" The $epartment of Immigration and
2migration will embark on this task immediately" The mo)e, no doubt, reflects
President Rajapaksa's resol)e to address on a priority basis issues raised by
Premier Modi" =n his return to -olombo from New $elhi, President Rajapaksa
ordered that immediate measures be taken to begin work on the Indo-ri !anka
coal fired power project at ampur in Trincomalee" ?ust a week ago, he ordered
the release of &0 Indian fishermen rounded up by the ri !anka Na)y for
poaching in the country's territorial waters" If he is +uick to address Indian
sensiti)ities, there are also issues that remain unresol)ed" =ne is Premier
Modi's re+uest for the 8P@* 1o)ernment to fully implement the ./th
*mendment and go beyond" This is on the grounds that Rajapaksa had
repeatedly assured New $elhi about it" >hilst doing so, of course, the
1o)ernment is still trying to strike the delicate balance in relations with Pakistan"
Ne,t week, the 1o)ernment will roll out the red carpet for
Pakistan's *rmy -ommander, Raheel hariff, who will be in
ri !anka on a three-day )isit" The 1eneral arri)es on
Thursday and is likely to call on President Rajapaksa on the
same day" =n @riday he will lay a wreath at the >ar #eroes
Memorial in (attaramulla and make calls on -hief of
$efence taff 1eneral ?agath ?ayasuriya and Na)y
-ommander, Aice *dmiral ?ayanath -olombage" =n @riday
night, he will be at the Military *cademy in $iyatalawa for
the final presentation by officer cadets" =n aturday, he will
be the chief guest at the passing out parade of the *rmy's
&:th regular intake, .%th *lpha !ady =fficers and the </rd
Aolunteer intake" #e will )isit the $alada Maligawa on
unday morning and later fly to Bilinochchi" #e will lea)e the ne,t day after a
call on *ir @orce -ommander, *ir Marshal Bolitha 1unathilake"
2arlier, Rajapaksa sought the help of Pakistani Prime Minister NawaC hariff to
send a legal e,pert to ri !anka to ad)ise on matters relating to the 8N #uman
Rights -ouncil's international in)estigation into alleged war crimes" *s re)ealed
in these columns, $r" Mohammad *Cam -houdhry, an e,pert in international law
)isited -olombo and met 2,ternal *ffairs Minister 1"!" Peiris and senior officials"
#elp from informal channels in Pakistan to arrange meetings with influential
personalities in the 8 also made a)ailable" ome of them came to -olombo to
meet President Rajapaksa before proceeding to the 8"
2)en before this week's decision to immediately deport )isa o)erstayers from
Pakistan, the influ, of Pakistani nationals, mostly on tourist )isas, has caused
concern for the 1o)ernment" It came to light recently that one person
transferred sufficient money through non-legal channels to establish a seafront
barbecue restaurant in a southern suburb of -olombo and
ser)ed formally as its 1eneral Manager" #e held a
temporary )isitor )isa"
The owner who was fronted was a member of a smaller
minority group within the Muslim community and resided a
few kilometres from the business concern" It has turned out
Prince Zeid Ra'ad Zeid al-Hussein
New UN High !""issi!ner
designa#e $!r Hu"an Righ#s
%a"e Sil&ia ar#wrigh#
that the Pakistani financier's restaurant was the meeting place for hundreds of
his countrymen wearing green turbans and immaculately white flowing robes"
$uring nights, meetings were conducted in a large hall outside the food
counters, all the preaching was in 8rdu whilst the restaurant remained closed for
business" *t least one has successfully obtained (oard of In)estment 3(=I4
appro)al for a (iriyani chain" In)estigators said most )isa o)erstayers were
employed as cooks and labourers in households and restaurants" ome of
them, Police say, ha)e been in)ol)ed in drugs and related offences"
The deportation of Pakistani )isa o)erstayers also comes in the backdrop of
other de)elopments" =ne is the militant attack on the Barachi international
airport with the Islamabad 1o)ernment alleging the in)ol)ement of outside
elements" The other is recurring Indian media reports of planned attacks on
outh Indian targets by militant groups using ri !ankan soil as a base" The
latest account in the New $elhi based The 2conomic Times last Thursday
claimedD 6Terrorists backed by the Pak II 3Inter-er)ices Intelligence4 were
planning to target -hennai port and central railway station as well as airports in
-hennai and (angalore in what now appears to be a deliberate and well-co-
ordinated strategy by Pakistan to encircle India through its terror consulate at
-olombo, as per sensational re)elations by Mohamed akir #usain at -hennai
in last week of *pril %5.9"
Rattling details contained in the interrogation report 3IR4 of
#usain, kept under wraps so far but to which 2T has
managed e,clusi)e accessE confirm that the electronic city
of (angalore and atomic power plant in Tamil Nadu were
also part of the terror strike plan" 6#usain 3/04 is a ri
!ankan 3!4 national engaged as an agent by the Pak II"
#usain has re)ealed this and much more, including the
identities, names and modus operandi of the Pakistani
diplomats who guided, financed and Fhandled' him in ! for
such dangerous missions" #ussain di)ulged that all
planning, tasking and financing was being done personally by Pakistani #igh
-ommission 3in -olombo4 -ounselor G name deleted G 3-ode name Mama H
Ra)i4 and his senior 6hah"7 #usain was occasionally briefed by Pak $efence
*d)iserII7
The newspaper report also claimed, 6#usain was tasked to Fde)elop reliable
contacts' working in Aishakapatnam and -ochin Na)al bases, -hennai *irport,
*tomic power plant in Tamil Nadu, as per the IR" #e was further tasked in ?une
%5./ to clandestinely obtain photographs of 8 -onsulate in -hennai, hipping
yard of -hennai port, -hennai airport, -hennai Railway tation, Israel consulate
in (angalore, 2lectronic -ity in (angalore, the (angalore *irportIII7
Sandra 'eidas
In ri !anka, -riminal In)estigation $epartment 3-I$4 detecti)es located the
residence of #usain in Bandy" They inter)iewed his father in *pril"
The Indian media report drew an angry response from the Pakistan #igh
-ommission in -olombo" Its spokesperson told The unday Times, 6This
ongoing media campaign is a crude attempt to tarnish the image of Pakistan, its
#igh -ommission in ri !anka and to spoil the e,tremely cordial Pakistan-ri
!anka relations" >e strongly condemn this insidious media acti)ity, and strongly
deny any in)ol)ement in espionage or terrorist acti)ity being carried out against
India from the Pakistan #igh -ommission in -olombo" >e challenge any
agency ha)ing concrete e)idence in this regard to officially share it with us"
Pakistan and India ha)e a difficult relationship, and many malicious stories are
leaked from time to time by )arious agencies for a )ariety of ulterior moti)es" >e
urge ri !ankan newspapers to e,ercise discretion with regard to such malicious
and irresponsible stories"7
These de)elopments came in a week where the 8P@* 1o)ernment sought to
win the support of all political parties against the 8N international in)estigation
into alleged war crimes in ri !anka" @or this purpose, peaker -hamal
Rajapaksa has agreed to a Parliamentary debate on Tuesday and >ednesday
3?une .& and .:4 in Parliament" The mo)e followed a written re+uest to him by
nine 8P@* parliamentarians who handed in a motion" They are *chala ?agoda,
?aanaka (andara, 8ditha !okubandara, *"#"M" *Cwer, hantha (andara, ?"R"P"
ooriyapperuma, Nimal >ijesinghe, $uminda il)a and Malini @onseka"
!ast Tuesday, at a 8P@* partners' meeting chaired by Minister Nimal iripala de
il)a at the Presidential ecretariat, a discussion ensued on the proposed
international in)estigation" It was decided to obtain the )iews of Parliament on
the mo)e"
*head of the meeting, during informal con)ersations, Minister $"2">"
1unasekera was o)erheard remarking that it would become difficult for this
1o)ernment if it proceeded on what he called the current path" #e said a
change of course was necessary" If public discontent arose, he noted, that the
opposition parties would take ad)antage" #e said the )iews e,pressed by
Minister >imal >eerawansa's National @reedom @ront 3N@@4 were important"
#e said there should be a debate on those issues" The )iew was endorsed by
Minister Tissa Aitharana" >eerawansa was absent" Representing his party were
$eputy Minister >eerakumara $issanayake and Piyasiri >ijenayake"
=n Tuesday, peaker Rajapaksa chaired a meeting of party leaders in
Parliament" TN* parliamentarians Raja)arothayam ampanthan and M"*"
umanthiran opposed the mo)e for a debate saying that the international
in)estigation was not against ri !anka but the Rajapaksa administration"
#owe)er, the mo)e was defended by 8P@* 1eneral ecretary, usil
Premajayantha" #e pointed out that e)en when Indian *ir @orce carried out food
drops in the ?affna peninsula in .;:&, the then peaker late *nura
(andaranaike had allowed a debate in Parliament" upporting this position were
Ministers $"2">" 1unasekera and Aasude)a Nanayakkara" ?AP leader *nura
Bumara $issanayake said his party would mo)e amendments"
There seems an anomaly in this effort by the 1o)ernment" Ra)inatha
*riyasinha, ri !anka's Permanent Representati)e at the 8N in 1ene)a, has
already rejected the international probe and declared ri !anka will not co-
operate" In other words, the 1o)ernment has already declared worldwide its
official position on the international in)estigation" #ence, what the 1o)ernment
hopes is to get the opposition parties to simply rubber stamp this"
*fter 8N #uman Rights #igh -ommissioner Na)i Pillay's statement, *riyasinha
told the #uman Rights -ouncil, 6$uring the March session, the 1o)ernment of
ri !anka made clear its position with regard to the -ouncil Resolution
3*J#R-JResJ%<J.4 which mandated this action 3i"e" the international
in)estigation4, which was adopted with the support of less than half the -ouncil's
membership" *s we ha)e placed on record, this resolution challenges the
so)ereignty and independence of a member state of the 8nited Nations, )iolates
principles of international law, is inherently contradictory, and based on
profoundly flawed premises inimical to the interests of the people of ri !anka"
The resolution's lack of clarity of mandate in re+uesting the =#-#R to
undertake an in)estigation with the Fassistance from rele)ant e,perts' sets a
dangerous precedent" @urther, the prejudice and bias concerning ri !anka
repeatedly displayed by the #igh -ommissioner and her =ffice which ha)e been
)ested with the mandate to carry out the 6comprehensi)e in)estigation,7 is a
matter of deep concern to ri !anka" In fact, regrettably reports which could
+uestion the credibility of the co-ordinator appointed for the in)estigation ha)e
already emerged"
>e reiterate the categorical rejection of this Resolution, and our non-
cooperation with the =#-#R-dri)en 6comprehensi)e in)estigation7" The
1o)ernment of ri !anka remains firm in its con)iction that the #uman Rights
-ouncil's efforts should contribute to a tate's own efforts in the promotion and
protection of human rights, and that any e,ternal assistance and initiati)es to
protect human rights in a country should be in consultation with, and with the
consent of, the country concerned, as stipulated in -ouncil Resolution <J." I""
II7
=ther than partners of the 8P@*, it is unlikely that any of the opposition parties
in Parliament will support the mo)e" The main opposition 8nited National Party
38NP4 said in a statement on @riday that 6I"" by blanket refusal to engage with
the team of in)estigators appointed by the 8N #uman Rights -ommissioner, ri
!anka is admitting guilt and depri)ing itself of an opportunity to make its case"
This would not only be an injustice to the )aliant soldiers who sacrificed so much
for this country but a betrayal of all our people who will ha)e to suffer the
conse+uences of international action" The 8NP calls on the go)ernment to
cooperate with the 8N#R-I"7 * report on the statement appears elsewhere in
this newspaper" Ket sections in the party were in fa)our of a softer approach"
They want to mo)e an amendment seeking a domestic in+uiry mechanism and
opposing the international in+uiry"
The Tamil National *lliance 3TN*4, its parliamentarian M"*" umanthiran said
has not taken a decision yet on whether or not to testify before the international
in)estigation" #e told the unday Times, 6#owe)er, as a nation, we should
collecti)ely support the 8N in)estigation to clear the country's name" $uring the
last three years we ha)e repeatedly made appeals to ha)e a fair in)estigation to
ascertain whether there were any human rights )iolations" >hen there is an
independent panel the truth will come out" It is only then can we clear our
name"7
The other major opposition party in Parliament, the ?anatha Aimukthi Peramuna
3?AP4 said it would back the motion only if its amendments were accepted" The
amended motion has been signed by ?AP leader, *nura Bumara $issanayake,
Aijitha #earth and unil #andunnetti" The ?AP says the 1o)ernment should
within three months in+uire and report into se)eral incidents which ha)e
occurred in the past few years because they ha)e )iolated both human and
democratic rights of the people"
uch instances, the ?AP says, include the killing of a @ree Trade Lone worker in
%5.. when protests were held against amendments to the 2mployees Pro)ident
@und 32P@4 *ct, the killing of -hilaw fishermen in %5.% during protests against
increase in fuel prices and the attacks on the )illagers of Rathupaswela during a
protest against a glo)e making factory there" The ?AP also wants in+uiries into
attacks on journalists and media institutions, the prison riot at >elikada in %5.%
and the disappearances of !alith Aijaan and Bugan Murugan in %5.. from
?affna" It also says that attacks on media institutions including the irasa,
iyatha tele)ision stations, the 8thayan and unday !eader newspaper offices
should be probed" *mong the other ?AP re+uests are probes on abductions in
the northern and other pro)inces, the gun attack on the residence of the
President of the (ar *ssociation of ri !anka, attack on the former ecretary of
the ?udicial er)ice -ommission and the attack on *ttorney at law 1unaratna
>anninayaka"
?AP leader $issanayake told a news conference on @riday, 6* 1o)ernment that
does not seek the opinion of Parliament on any of the issues important to the
public suddenly decides to seek the )iews of Parliament" It is an act of political
deception" President Rajapaksa agreed to an international in+uiry when he met
the 8N ecretary 1eneral (an Bi Moon in %55; and this was done without the
consent of the 1o)ernment, Parliament or the people" The opinion of the
Parliament was not sought for the establishment of the !!R-, nor when the
report was presented or on its recommendations" Parliament was not taken into
confidence" >e are reaping the results of the disregard shown pre)iously
towards the legislature on more important matters"7
Mangala amaraweera, $irector of the 8NP's Political *ffairs and one time
@oreign Minister of Rajapaksa's cabinet, told the unday TimesD 6In the new
post->estphalian doctrine of international relations, the fundamentals of
o)ereignty and territorial integrity of nation states are no longer absolutesD
accountability in respect of democracy, human rights and good go)ernance are
considered sine +ua non for all countries in the ci)ilised community of nations
today and most countries, including ri !anka, ha)e committed themsel)es to
many humanitarian laws )oluntarily )is a )is the numerous co)enants and
treaties they ha)e signed" There ha)e also been times when some of our
leaders, with wisdom and foresight ha)e gracefully refused to be signatories to
certain international treaties" In %55%, Prime Minister Ranil >ickramesinghe
refused to be a signatory to the Rome tatute which created the International
-riminal -ourt on the basis that ri !anka had a strong and independent judicial
system which could deal with such matters, if and when it arises and the world
accepted his position"
In fact, President Rajapaksa was one of the earliest politicians in ri !anka to
recognise the importance of this emerging world orderD #e is the first member of
Parliament to in)ite the 8nited Nations >orking 1roup of 2nforced and
In)oluntary $isappearances to come to ri !anka on the floor of the house"
3#ansard G %:".%":; G page ;9.4" #e also openly re+uested the donor countries
to stop aid to ri !anka and stated that he is willing to go not only to 1ene)a but
Fe)en to hell' to oppose the go)ernment if it continued to )iolate the human rights
of our people" 3#ansard G %<".5";5 G page 9%94"
@rom the time I was @oreign Minister, serious allegations of human rights
)iolations started to pile up against the Rajapaksa administration and my
repeated re+uests to take these allegations seriously and to address the
mounting accountability issues fell on deaf years" 2)en after the war, when the
allegations became much more serious, the 8NP repeatedly asked the regime
to start a credible in)estigation locally without allowing the flood gates of
international scrutiny to be opened" Instead the head of state and his ministers
went on a spree of triumphalism furiously dismantling many of our democratic
institutionsD the judiciary was one of the key targets" The international
community, after offering the ri !ankan 1o)ernment numerous opportunities to
carry out a credible internal in)estigation into the alleged human rights
)iolations, especially in relation to the final phase of the war, has determined
that the Rajapaksa regime is neither willing nor capable of such actionII""7
!ast Tuesday, in her statement to the on-going %0th sessions of the 8N #uman
Rights -ouncil in 1ene)a, #uman Rights #igh -ommissioner Pillay said 6I"" I
note also that last month marked the fifth anni)ersary of the end of the war in ri
!anka, where the scars created by terrorism and conflict ha)e yet to heal" My
=ffice has now put in place a staff team that will be supported by se)eral e,perts
and pecial Procedures mandate holders, to conduct the comprehensi)e
in)estigation mandated by this -ouncil in order to ad)ance accountability, and
thus reconciliation" I encourage the 1o)ernment to take this opportunity to co-
operate with a credible truth-seeking processII"7
It is clear from Pillay's brief remarks that the fuller international in)estigation
team is yet to be formally constituted although the =#-#R is still in that
process" *ccording to media remarks by Pillay's spokesperson Rupert -ol)ille,
only andra (eidas has been named officially as senior co-ordinator of the
=#-#R in)estigation" -ol)ille has confirmed that there will be a secondary
team comprising two persons" =ne who has been in)ited to ser)e and yet to
confirm acceptance on this team is $ame yl)ia -artwright" >hilst she is likely
to accept, the second in)estigator is in the process of being picked" It is only
thereafter that official appointments are to be made"
(eidas is to head a team of .% from the =#-#R 3=ffice of the #igh
-ommissioner for #uman Rights4" They areD * human rights in)estigator 3for .5
month stints4, a legal ad)isor 3for an eight month stint4, two human rights
in)estigators 3for eight month stints4, an *dministrati)e *ssistant 3for a ten
month stint4, * inhala and a Tamil Translator 3for a three month stint4, a
@orensic -onsultant 3for a three month stint4, =ne *rchi)ing -onsultant 3for a
two months stint4 and two pro bono e,perts to tra)el to 1ene)a 3%. days4, ri
!anka 3< days4 and *sia Pacific region 3< days4" pokesperson -ol)ille has also
confirmed that there will be a secondary team comprising e,ternal e,perts who
would accompany the in)estigation team and pro)ide independent )erification of
the in)estigation's integrity" The composition of the in)estigation team, appro)ed
by the 1eneral *ssembly, will cost 8M .,905,;55"
Named as a senior -o-ordinator of the =#-#R in)estigation responsible for
administrati)e aspects, andra (eidas, is a (ritish diplomat with .< years'
e,perience in the 8N system" * former *mnesty International staffer, she ser)ed
in #aiti 3#uman Rights Mission4, -ongo 38N #ead of -hild Protection4 and
Nepal 3#ead of protection and reporting section4"
In %5.%, she was e,pelled from the 8N mission in outh udan after authorities
there labelled her as Fpersona non grata'" he was remo)ed from the country
due to her in)ol)ement in a report published in *ugust of that year, which
accused the army of torture, rapes, killings and abductions" The 8N called her
e,pulsion a 6breach of the legal obligations of the go)ernment"
e)enty-year old $ame -artright shot to prominence in .;:: by presiding o)er
an in+uiry into cer)ical cancer treatment at the National >omen's #ospital in
New Lealand" he was that country's first female $istrict -ourt ?udge in .;:;
and later the first #igh -ourt ?udge in .;;/" * former 1o)ernor 1eneral of New
Lealand for fi)e years, she ser)ed thereafter as a trial judge of the -ambodian
>ar -rimes Tribunal" he has also ser)ed as a member of the 8N -on)ention
to 2liminate *ll @orms of $iscrimination against >omen"
Pillay's statement, which included the brief references to the ri !anka
in)estigation, will be her last before retirement" The upcoming session of the 8N
1eneral *ssembly in eptember is e,pected to confirm ecretary 1eneral (an
B-Moon's nominee, ?ordan's Prince Leid Ra'ad Leid al-#ussein" $iplomats at
the 8N say Prince Laid was a tougher diplomat than Pillay and was in)ol)ed in
the setting up of the International -riminal -ourt 3I--4" In eptember %55%, he
was elected the first President of the go)erning body of the I-- and ser)ed in
that office for three years" #e also has e,perience in peacekeeping operations
as a political affairs officer in 8NPR=@=R, the 8"N" peacekeeping mission in
the former Kugosla)ia during the (alkan conflict" #e acted as an ad)iser to
former 8N ecretary 1eneral, Bofi *nnan"
The =#-#R international in)estigation is sure to become a key issue when the
polls campaign for the 8)a Pro)incial -ouncil gets under way" The 1o)ernment
wants to dissol)e the -ouncil by the first week of ?uly and call for polls in
eptember in what appears to be the last litmus test before a possible
presidential poll" 2)en before the dissolution of the 8P-, the major political
parties are already busy"
President Mahinda Rajapaksa, now in (oli)ia, has set aside ?une %. and %% to
)isit the 8)a pro)ince" #e will chair the $istrict $e)elopment -ommittee at a
meeting in (adulla and )isit key places thereafter" This is whilst the 1o)ernment
is e,pediting de)elopment work in the pro)ince and 8P@* leaders are busy
carrying out a needs assessment of electorates in the pro)ince" The !eader of
the main opposition 8NP, Ranil >ickremesinghe, is already in (adulla this
week" The ?AP has launched grassroots le)el campaigns to consolidate its
membership"
Thus, the posturing on the international in)estigation by different sides, besides
the all important soaring li)ing costs and huge and unchecked corruption will
become election issues" It is clear the 1o)ernment, already plagued by
internecine disputes, would ha)e to go it alone on all of them"