Connect with us

Midweek Review

Sri Lanka: Quest for Justice, Rule of Law and Democratic Rights

Published

on

By Shamindra Ferdinando

With an eye on the 46th session of the Geneva-based United Nations Human Rights Council (UNHRC) later this month, the highly influential Global Tamil Forum (GTF), Centre for Human Rights and Global Justice, New York University, Sri Lanka Campaign for Peace and Justice and The Canadian Tamil Congress have brought in ‘big guns’ for a combined onslaught on Sri Lanka this week.

Among the participants, at a two-hour webinar, titled ‘Sri Lanka: Quest for Justice, Rule of Law and Democratic Rights’, scheduled for Friday, Feb. 12 (UK 1:30 pm; Europe/South Africa 3.30 pm; India/Sri Lanka 7:00 pm IST; Canada/US 8:30 am; Australia 12.30 am) are former UN Assistant Secretary General, Charles Petrie, former Special Rapporteur on the promotion of truth, justice, reparation and guarantee of non-recurrence, Pablo de Greiff and former US Ambassador-at-Large for Global Criminal Justice, Stephen J. Rapp.

The panelists includes Tamil National Alliance (TNA) lawmaker M.A. Sumanthiran, PC, former Commissioner of HRCSL Ambika Satkunanathan, Centre for Policy Alternatives (CPA) representative Attorney-at-Law Bhavani Fonseka, civil society activist. Shreen Saroor, and Sri Lanka Muslim Congress (SLMC) representative, Attorney-at-Law, Ameer Faaiz. Melissa Dring, of the Sri Lanka Campaign for Peace and Justice, is the moderator.

Their project has received a tremendous boost with the US returning to the Geneva body. The US quit UNHRC in June 2018.

The TNA, in late 2001, recognized the LTTE as the sole representative of the Tamil community. The LTTE held that privileged status in the eyes of the TNA, until Sri Lanka brought the war to a successful conclusion, in May 2009. The TNA is a direct beneficiary of the LTTE’s demise. Of course, Sumanthiran cannot be entirely held responsible for TNA’s actions as he joined the one-time LTTE mouthpiece, as a National List MP, in April 2010.

 

Why back Fonseka?

Sumanthiran entered Parliament a couple of months after the TNA wholeheartedly backed war-winning Army Commander Gen. Sarath Fonseka’s presidential candidature. Perhaps, Sumanthiran should explain on Feb 12, as to why the TNA, having accused the Army, Fonseka led with such efficiency, till the crushing of the formidable Tigers militarily, of genocide and then backed him to the hilt at the presidential poll that came soon afterwards. The TNA cannot conveniently ignore the fact that all Northern and Eastern electoral districts overwhelmingly voted for Fonseka though he lost the overall contest by a staggering 1.8 mn votes. Why did Tamils vote for Fonseka after accusing him, and his men, of genocide after they crushed the LTTE, which many pundits repeatedly claimed the Lankan security forces were incapable of achieving?

Participation of Petrie, Pablo de Greiff and Rapp, in Friday’s webinar, is of extreme importance. Petrie headed an ‘Internal Review Panel on UN actions in Sri Lanka’ that dealt with the final phase of the conflict, in his capacity as Special Rapporteur; De Greiff visited Sri Lanka on four occasions, between 2015 and 2019, and Rapp visited Colombo twice, in 2012 and 2014.

The Petrie report conveniently forgot how India formed half a dozen armed groups in the ‘80s to terrorize Sri Lanka, just to teach the then JRJ a lesson for being overtly pro-West and perhaps for derogatively comparing Mrs. Bandaranaike and her son, Anura with Mrs Gandhi and her son Sanjay. The Indian intervention was meant to pave the way for the deployment of her Army in the Northern and Eastern regions. The Indian project went awry. India ended up losing nearly 1,500 officers, and men, here, in less than three years. In addition, double that number received injuries. The military mission was aborted in March 1990. A year later, the LTTE assassinated Rajiv Gandhi, who, in his capacity as the Indian Prime Minister authorized the deployment of the Indian Army here. Can India ever absolve herself of the crime of causing massive chaos and destruction to this country as a result of her diabolical project here? The Petrie report also ignored how the LTTE scuttled the last bid to negotiate a settlement by quitting peace talks in April 2003. The LTTE’s abrupt move jeopardized the survival of UNP leader Ranil Wickremesinghe’s government and paved the way for its ouster in the following year.

Those who really value justice, rule of law, as well as democratic rights, should examine the Indian intervention here, too. Petrie and de Greiff should use the opportunity to explain the UN’s failure in the ‘80s to thwart the murderous Indian project. The UN played along in a devious plot to destabilise Sri Lanka, over the years. The UN’s response to the LTTE, during the Vanni offensive is no exception. The issue is whether the use of ‘human shields’, by the LTTE, could have been averted if the UN took tangible measures against the LTTE, especially in the wake of its detention of Tamil UN employees, accused of helping civilians to flee the Vanni west.

 

Did Petrie probe abductions of

UN workers?

 Did Petrie inquire into the abductions after the revelation of secret UN powwow with the LTTE, led to the UN confirmation of the incident at daily UN media briefings, in New York, by the Secretary General’s Spokesperson Montas (The Island expose of UN employees abducted by LTTE: UN HQ admits Colombo Office kept it in the dark – The Island, April 28, 2007) Beginning April 20, 2007 (LTTE detains UN workers). The Island published several news items on the issue. The TNA, or those who issued media statements at the drop of a hat, remained conveniently silent. The TNA’s decision to remain quiet is understandable due to its close working relationship with the LTTE. Many an eyebrow was raised when the European Union election monitors openly accused the Tigers of helping the TNA to win 22 seats in the North and East, in 2004, by stuffing ballot boxes on its behalf. In the following year, the TNA, on behalf of the LTTE, ordered Northern Tamils to boycott the November presidential election. CPA’s Executive Director, Dr. Paikiasothy Saravanamuttu, is the only civil society leader to criticize the LTTE-TNA move.

The LTTE and the TNA set the stage for an all-out war. The LTTE commenced claymore attacks, in early Dec 2005. In January 2006, the LTTE blasted a Navy Fast Attack Craft (FAC) off Trincomalee; in late, April 2006 they made an abortive bid to assassinate Fonseka, and in early Oct 2006 an attempt was made on Defence Secretary Gotabaya Rajapaksa’s life. The LTTE lost the Eastern Province, eight months later.

The TNA, as well as some sections of the international community remained strongly confident of the LTTE’s military superiority, until it was evicted from Kilinochchi. The LTTE lost Kilinochchi in early January, less than two weeks after Canada-based veteran political and defence analyst D.B.S. Jeyaraj asserted that the LTTE was on the verge of reversing territorial gains made by the Army. The rest is history.

None of those who are harping today about the loss of civilian life bothered to publicly appeal to the LTTE to let go of its human shields. The TNA certainly owed an explanation why it remained silent over the LTTE taking cover behind the civilian population. Against the backdrop of the UN mollycoddling the LTTE, Prabhakaran forced Tamil civilians to follow the retreating LTTE fighting cadre from the western part of the Vanni region across the Kandy-Jaffna A9 road towards the Mullaitivu coast.

 

Oslo’s missive to Basil

 The then Norwegian Ambassador, Tore Hattrem, acknowledged the rapidly developing crisis in the eastern part of the Vanni region, in a letter to Presidential Advisor, Basil Rajapaksa, as the Army stepped-up operations. Hattrem’s missive to Rajapaksa revealed their serious concerns over Prabhakaran’s refusal to give up human shields. The Island, some time ago, published the hitherto unknown Norwegian note, headlined ‘Offer/Proposal to the LTTE’, and personally signed by Ambassador Hattrem. The Norwegian envoy was writing to Basil Rajapaksa on behalf of those countries trying to negotiate a ceasefire between the government and the LTTE, to facilitate the release of civilians, held hostage by the latter.

The following is the text of Ambassador Hattrem’s letter, dated Feb. 16, 2009, addressed to Basil Rajapaksa: “I refer to our telephone conversation today. The proposal to the LTTE on how to release the civilian population, now trapped in the LTTE controlled area, has been transmitted to the LTTE through several channels. So far, there has been, regrettably, no response from the LTTE and it doesn’t seem to be likely that the LTTE will agree with this in the near future.

How many civilians perished during the Vanni offensive? The UN Secretary General’s Panel of Experts (PoE) report, released on March 31, 2011, having faulted the Army, on three major counts, alleged the massacre of at least 40,000 civilians. Let me reproduce the relevant paragraph, bearing no 137, verbatim: “In the limited surveys that have been carried out in the aftermath of the conflict, the percentage of people reporting dead relatives is high. A number of credible sources have estimated that there could have been as many as 40,000 civilian deaths. Two years after the end of the war, there is no reliable figure for civilian deaths, but multiple sources of information indicate that a range of up to 40,000 civilian deaths cannot be ruled out at this stage. Only a proper investigation can lead to the identification of all of the victims and to the formulation of an accurate figure for the total number of civilian deaths.”

The PoE arrived at the figure on the basis of information provided by persons whose identities would remain confidential till 2031 (20 years since the release of POE report in March 2011). The UN has strangely guaranteed confidentiality of ‘sources’ even after the lapse of the mandatory 20-year period. Perhaps, Petrie and Pablo de Greiff should explain how the UN pushed ahead with subsequent actions against Sri Lanka, based purely on still unverified accusations made by ghost accusers. In other words, Sri Lanka was convicted by the PoE report after a kangaroo court trial. How convenient?

Having failed to obtain the anticipated response to its public call for submissions, the PoE had no option but to extend the deadline to Dec 31, 2010. The PoE posted a notice in English on the UN website on Oct 27, 2010 calling for submissions on or before Dec 15, 2010. Sinhala and Tamil versions of the notice too, were subsequently posted. The PoE received 4,000 submissions from 2,300 persons. None of them were verified at any stage of the Geneva process, leading to yet bizarre Sri Lanka co-sponsoring of the Geneva Resolution on Oct 1, 2015 against itself.

When the writer raised the issue with the UN, as well as the then UNDP Resident Representative in Colombo, Subinay Nandy, whether the UN would do away with the confidentiality clause to facilitate the UNHRC probe, the Colombo mission issued the following statement after having consulted UN headquarters. The UN said: “The High Commissioner for Human Rights will now be making arrangements for a comprehensive investigation requested by the UNHRC and the issue of the confidentiality clause will need to be considered at a later stage,” (UN to revive 20-year confidentiality clause ‘at a later stage’- The Island April 7, 2014). The UN never did. Sri Lanka never exploited the matter.

The US, the British, as well as the EU, too, in spite of their push for an international war crimes probe, recently ruled out the possibility of them calling for a review of the confidentiality clause (EU, too, won’t call for review of 20-year UN confidentiality clause The Island April 9, 2014).

Successive governments, and even those interested in defending the country, never really bothered to examine undisputed facts that were in Sri Lanka’s favour. The incumbent administration is no exception to this type of inexcusable lapses at great cost to the country.

 

PoE contradicts own claims

 Interestingly, the PoE report contradicted its own claim of 40,000 killings. Unlike the unsubstantiated claim of 40,000 deaths, the paragraph bearing No 134 dealt with the issue on the basis of reliable sources acceptable to the UN.

It would be pertinent to reproduce the relevant section verbatim: “The United Nations Country Team is one source of information; in a document that was never released publicly, it estimated a total figure of 7,721 killed and 18,479 injured from August 2008 up to 13 May 2009, after which it became too difficult to count. In early February 2009, the United Nations started a process of compiling casualty figures, although efforts were hindered by lack of access. An internal ‘Crisis Operating Group’ was formed to collect reliable information regarding civilian casualties and other humanitarian concerns. In order to calculate a total casualty figure, the group took figures from RDHS as the baseline, using reports from national staff of the United Nations and NGOs, inside the Vanni, the ICRC, religious authorities and other sources to cross-check and verify the baseline. The methodology was quite conservative: if an incident could not be verified by these sources or could have been double counted, it was dismissed. Figures emanating from sources that could be perceived as biased, such as Tamil Net, were dismissed, as were Government sources outside the Vanni.”

Amnesty International (AI) in Sept. 2011, launched its own report, titled: ‘When will they get justice? Failures of Sri Lanka’s Lessons Learnt and Reconciliation Commission.’ The report estimated the number of civilian deaths, due to military action, as over 10,000. AI based its assertion on eyewitness testimony and information from aid workers.

AI, too, guaranteed confidentiality of its ‘sources.’ Perhaps for want of close cooperation among those who had wanted to drag Sri Lanka before an international tribunal, they contradicted themselves in respect of the primary charge. Interestingly, none of those, except British Labour Party MP Siobhan McDonagh (Mitcham and Morden-Labour) propagating lies, regarding civilian deaths, dared to blatantly lie in Parliament about losses suffered by the LTTE. McDonagh estimated the number of LTTE cadres killed, in fighting, from January 1, 2009, to May 19, 2009, at 60,000. Successive governments didn’t even bother to raise the Labour MP’s lie with the UK though The Island pointed out the need to clarify matters. The absurd claim was made during the third week of Sept 2011, in Parliament. Sri Lanka never realized the need to inquire into the possibility of British parliamentarians’ relationship with the Tamil Diaspora. In fact, some politicians had benefited from their relationship. The GTF hired former MP for Enfield, North Joan Ryan, as its policy advisor. Of course, the GTF had the backing of all major political parties, with key politicians participating in its inauguration in the UK Parliament, in Feb 2010, in the wake of the LTTE’s demise.

Let us hope Friday’s webinar responds to Lord Naseby disclosure pertaining to loss of lives, based on confidential cables from British High Commission in Colombo (January-May 2009) and US Defence Advisor Lt. Col. Lawrence Smith’s declaration in June 2011 (two months after the release of the PoE report). Both contradicted the position taken by British and the US. Sri Lanka never made a genuine effort to build-up a proper defence in Geneva. Sri Lanka shirked high profile opportunities to exploit startling revelations made by Wikileaks. The British are yet to release all confidential cables that dealt with the Vanni offensive, though Lord Naseby managed to secure some, following legal intervention made by him. That took over two years as the UK tried to withhold information which could have helped the UNHRC to ascertain the truth and Sri Lanka being absolved of these totally exaggerated accusations by interested parties against her.

 

A cable from Geneva

 A cable, dated July 15, 2009, signed by the then Geneva-based US Ambassador Clint Williamson cleared the Army of crimes against humanity during the Vanni offensive. The cable, addressed to the US State Department, had been based on a confidential conversation between Ambassador Williamson and the then ICRC head of operations for South Asia, Jacque de Maio, on July 9, 2009. Ambassador Williamson wrote: “The Army was determined not to let the LTTE escape from its shrinking territory, even though this meant the civilians being kept hostage by the LTTE were at an increasing risk. So, de Maio said, while one could safely say that there were ‘serious, widespread violations of international humanitarian law,’ by the Sri Lankan forces, it didn’t amount to genocide. He could cite examples of where the Army had stopped shelling when the ICRC informed them it was killing civilians. In fact, the Army actually could have won the military battle faster, with higher civilian casualties, yet they chose a slower approach which led to a greater number of Sri Lankan military deaths. He concluded, however, by asserting that the GoSL recognized its obligation to protect civilians, despite the approach leading to higher military casualties.”

The Army lost 2,400 personnel during the January-May 2009 period. The losses were the worst suffered by the Army during the Eelam War IV (Aug 2006-May 2009). Frontline fighting formations lost a further 70 personnel, who were categorized as missing in action, in 2009. Deaths due to reasons other than combat during the same period were placed at 334. Thousands were injured. The losses suffered on the Vanni east front, during the first five months of 2009, was over 100 per cent, when compared with battlefield losses in the previous year. For the whole of 2008, the Army lost 2,174 killed and 43 missing in action.

Army Chief General Shavendra Silva told the writer that the Sri Lankan military had the wherewithal to decimate the LTTE in a far shorter period, if not for the human shields. “We paid a heavy price for being mindful of the civilian presence among the LTTE cadres. Restricted use of long range weapons, as well as air support on the Vanni east front, caused quite a bit of problems.”

The US slapped a travel ban on General Silva, in Feb 2020, over his role as the GoC of the celebrated 58 Division (which started as Task Force 1). The US move is an affront to the war-winning armed forces, who achieved their arduous task against all odds and the political leadership that backed them to the hilt, irrespective of threats to try them, too, for war crimes. Unfortunately, even the utterly unsubstantiated action against Gen. Shavendra Silva hadn’t jolted the government, as well as those genuinely interested in defending the country, to re-examine the accountability issue.

Sri Lanka’s pathetic and continuing failure has allowed Western powers to use the LTTE rump and Tamil Diaspora in a high profile project to overwhelm the country.

 



Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Midweek Review

Raid on ‘Millennium City’ DMI safe-house:

Published

on

Having served as the Commander of the Army, 2000 to 2004, during his 39-year career, Lionel Balagalle passed away in Oct. 2023. He is the founding father of military intelligence

A forgotten story (part 1)

Colombo High Court Judge Adithya Patabendi, on March 27, 2025, acquitted former ASP Kulasiri Udugampola, who had been indicted over the Kandy police raid on a safe house run by the Directorate of Military Intelligence (DMI) at the Millennium City housing complex, Athurugiriya. The raid, conducted in the first week of January 2002, sent shock waves through the defence establishment. Delivering the judgment, 23 years after the raid, Patabendi declared that the prosecution failed to prove the charges beyond a reasonable doubt.

The Dec. 5, 2001 parliamentary election was conducted at the height of the war in the North. Having gained the upper hand in the battlefield, the LTTE was working on a Ceasefire Agreement with Norway. The country was in turmoil with President Chandrika Bandaranaike Kumaratunga, who survived an LTTE suicide blast at the final rally of her Dec. 1999 presidential election campaign, struggling to overcome a sustained UNP offensive.

In the run-up to the Dec. 5, 2001 parliamentary polls, UNP leader, Ranil Wickremesinghe accused the Directorate of Military Intelligence (DMI) of planning to assassinate him. The UNPer claimed that the DMI was training Tamil terrorists at the Panaluwa Army Testing Range to mount an attack on his campaign bus, as well as his political rallies.

The unprecedented accusation placed the war-weary Army in an extremely embarrassing position when it was actually turning tables on the enemy using its own tactics in areas considered by then as being off limits for security forces. The UNP, with no shame, brazenly exploited the made-up threat as the main Opposition party and its allies, including a treacherous section of the media, stepped-up pressure on the Army to no end.

On the instructions of Wickremesinghe, UNP Chairman Charitha Ratwatte and Deputy Chairman Daya Palpola wrote a hard-hitting letter to Army Commander, Lt. Gen. Lionel Balagalle warning that he would be held responsible ‘in the event of an unfortunate incident’. The UNP duo accused the Army chief of training personnel to engage in a destabilisation campaign against the UNP.

An irate Army Commander, Lt. Gen. Balagalle in reply addressed a letter to Ratwatte and Palpola dismissing their accusations. The Island, in a front-page exclusive headlined ‘Army chief says no truth in UNP claims,’ in its Nov, 11, 2001 edition that revealed the exchange between Army headquarters and Sirikotha.

The report was based on what Lt. Gen. Balagalle had told this writer the previous evening. The Army chief, himself a one-time head of the Directorate of Military Intelligence (DMI), said that there was absolutely no basis for the UNP allegation that a hit squad was undergoing training in the use of high explosives and thermobaric weapons to attack Wickremesinghe.

The UNP ignored the Army chief’s letter. The allegation was repeated throughout the campaign. The raid on the DMI safe-house should be examined against the backdrop of the exchange between the Army commander and Sirikotha.

It was somewhat reminiscent of the JVP tactic to tarnish all others who had ruled the country since independence as being A Grade crooks to come to power with a record majority they couldn’t have even dreamt of knowing their sordid past. The trick was to repeat a lie long enough with the help of Western funded international and local NGO quislings and the gullible masses believed it.

Amidst a furore over the UNP allegation that the Army conspired to assassinate Wickremesinghe, Army operatives blew up a truck behind enemy lines killing five LTTE cadres on Dec. 11, 2001. Then again, they destroyed an LTTE bunker, at the entrance to a base used by Karuna, in the Kokkadicholai area, on Dec. 21, 2001.

Although the Army had conducted a successful small group operation in the Batticaloa District, targeting a key LTTE operative identified as David, way back in 1992, there was no attempt on the part of the military to develop the capability further. But some officers had been keen to promote small group operations to weaken the LTTE and beat it at its own game.

Commenting on the elimination of David, a veteran in clandestine operations told the writer of the deep penetrations ops: “Three personnel took part in the targeted killing of David. They returned to base after achieving the given task. Such operations caused chaos in enemy territory which gave us the psychological advantage over them. We knew of the importance as well as the need to strike within the enemy-controlled areas, though a special strategy on clandestine operations was adopted only in 2001, almost a decade after the hit on David.”

Speaking on condition of anonymity, the soft-spoken official explained the circumstances under which the Army launched deep penetration units soon after one-time Director of the DMI Lionel Balagalle had been appointed Commander of the Army.

Balagalle couldn’t resist the temptation to explore the possibility of infiltrating areas outside government controlled regions to launch attacks. “It was a tremendous task. Those who volunteered to join the operation realised the risks they were taking. They were among the best and they courageously adopted the new doctrine, which enabled us to carry out targeted killings. It was nothing but a high risk operation, though it produced results. They had to curtail their movements, particularly in the Eastern Province, where we used Batticaloa as the centre of our operations.”

Then Brigadier Kapila Hendarawithana executed the operation in his capacity as Director of DMI.

The LTTE realised the danger. Within months after the launch of the first DMI raid in the Batticaloa District, the LTTE pushed for the suspension of the DMI operation. The February 23, 2002 Ceasefire Agreement (CFA), arranged by the Norwegians, included a clause which specifically dealt with DMI action. The CFA called for the suspension of operations behind LTTE lines. While the LTTE had been successful in its negotiations with the Norwegians and the then inept UNP government with Executive President Chandrika Kumaratunga reduced to more or less a figurehead, the DMI suffered a debilitating setback when that regime with hardly any feelings for our valiant fighting men risking their lives day and night, ordered a police raid on an Army safe-house used by a deep penetration team at Athurugiriya.

The UNP-led United National Front (UNF) emerged victorious at the Dec. 5, 2001 general election with 109 seats, while the defeated PA managed to secure 77 seats. The remaining seats were shared by the JVP (16), the TNA (15), the SLMC (5), the EPDP (2) and the DPLF (01).

Balgalle on ops behind enemy lines

It had been one of the bloodiest elections with the five-week campaign claiming the lives of almost 50 people, with the polls day massacre of a group of SLMC supporters at Udathalawinna being the single worst incident. This massacre carried out by troops attached to the Vijayaba Infantry Regiment (VIR) who had been brought to Kandy at the behest of de facto Defence Minister Anuruddha Ratwatte was used as an excuse by a vindictive UNP leadership to order the raid on the safe house used by the DMI situated at Millennium City, Athurugiriya, on Jan. 2, 2002, which changed the course of the conflict. The UNF cited intelligence reports that Anuruddha Ratwatte’s sons, wanted in connection with the Udathalawinna massacre, were taking refuge at Athurugiriya.

Had the UNP leadership been a little cautious, it would never have publicly accused the Army of an assassination plot. Lt. Gen. Balagalle discussed the issues at hand with the writer. Operating hit squads behind enemy lines had been a key element in the Army’s strategy to give it a taste of its own medicine, the Army chief said at that time, alleging the then Opposition had failed to grasp what was going on. The Island quoted Lt. Gen. Balagalle as having said: “Had they quietly raised the issue with us and sought a clarification without playing politics with national security, the Athurugiriya fiasco could have been averted. Even ex-LTTE cadres were brought in for operations along with valuable input from civilian informants. We were successful due to many reasons such as training from Pakistani instructors. We also accommodated troops from other fighting battalions to engage in operations behind enemy lines, though the Special Forces and Army Commandos spearheaded the campaign.”

At the time troops had been undergoing training in Pakistan, Balagalle functioned as Security Forces Commander, Jaffna.

The Athurugiriya raid ruptured relations between the UNP and the Army. It caused irreparable damage to national security. At the behest of the UNP, a section of the media, including the Colombo-based correspondents working for international news agencies, highlighted the Athurugiriya raid speculating the Army’s alleged involvement in anti-government activities. Investigating officers alleged that those who had been based at Athurugiriya were involved in the alleged attempt to assassinate Wickremesinghe. Subsequently, the DMI was accused of planning attacks in the city and its suburbs to sabotage the Norwegian-led peace process.

The UNP allegations had the desired impact in the wake of state television showing recovered items, which included 66 sets of LTTE uniforms, four thermobaric weapons, seven claymore mines each weighing 10 kgs, 10 claymore mines, each weighing one kg each, three T-56 assault rifles along with 400 rounds of ammunition, 10 anti-tank weapons, detonators, cyanide capsules, exploders, remote controlled devices and wire rolls.

While a section of the media lashed out at the Army, in a front-page exclusive headlined ‘Controversy over police raid on army officers Millennium City residence,’ on Jan 4, 2002, The Island revealed that a police team from Kandy, led by die-hard UNP loyalist, Kulasiri Udugampola, had raided an Army safe house. The raid also involved a team of CCMP (Ceylon Corps of Military Police).

In spite of both Lt. Gen. Balagalle and the then Director of DMI, Brigadier Kapila Hendawitharana (later served as Chief of National Intelligence, before quitting in 2015) reassuring the government of the legitimacy of operations undertaken by the DMI, the police was let loose on covert operatives. Regardless of Balagalle rushing Hendarawithana, who later figured in many controversies to the scene, Udugampola went ahead with the raid. The police had obtained permission from courts to search the premises.

Udugampola had the backing of the then Interior Minister, John Amaratunga. IGP Lucky Kodituwakku, though being convinced of the legitimacy of the DMI operation, couldn’t do anything. He was helpless.

Army takes firm stand

The Kandy police raided the safe house shortly after the officer-in-charge of the DMI operation had handed over part of their arsenal. Those involved in the hit-and-run operations in LTTE held-areas had returned to Colombo on Dec. 27, 2001, in the wake of the Wickremesinghe administration declaring its readiness to go ahead with a Norwegian initiative to sign a one-sided CFA clearly favourable to the LTTE. The Kandy police also accused the Army of planting two claymore mines targeting a UNP candidate along the Wattegama-Panwila road, in the run-up to the Dec. 5, 2001 polls.

The then security forces spokesman, Brig. Sanath Karunaratne emphasised that those who operated from Athurugiriya were involved in ‘Army duties’ (The Island Jan. 4, 2002). Regardless of protests by the Army, those arrested were taken away to the Narahenpita CMP headquarters before being transferred to Kandy. They were treated like criminals and held under humiliating conditions. Six of them, including an officer, were held in one room. For two weeks, the media reported all sorts of conspiracy theories.

Let me stress that the Athurugiriya betrayal, in a way divided the Army. An influential section of the Army obviously cooperated with the conspirators.

Those who had been arrested were held for almost two weeks before being granted bail. The police raid would never have been possible without an influential section within the Army cooperating with the political establishment to undermine a vital operation, which brought the LTTE under immense pressure.

The UNP and the police justified Udugampola’s raid. Asked whether he had used the safe house to accommodate his sons, one-time Defence chief, Anuruddha Ratwatte, candidly acknowledged that he hadn’t been among those who knew of the existence of that particular rear base, though the Army kept him informed of operations undertaken by the DMI. (Feb. 1 issue of The Island, 2002)

Marapana to the rescue

Then Defence Minister, Tilak Marapana, a one-time Attorney General, to his credit did not play politics with such an important issue and thwarted an attempt by the Kandy police to prolong the detention of DMI operatives using the provisions of the PTA to please their then political masters in the UNP. The bid to neutralize the DMI was made ahead of the signing of the CFA. The Wickremesinghe administration didn’t even bother to consult the armed forces and police top brass regarding the provisions of the agreement. Then Navy Commander, Vice Admiral Daya Sandagiri told the Lessons Learnt and Reconciliation Commission (LLRC) how then Defence Secretary, Austin Fernando, had bypassed them with regard to sensitive military issues.

Fernando, in an article captioned ‘The Peace Process and Security Issues’ (Negotiating Peace in Sri Lanka: Efforts, Failures and Lessons) admitted that the refusal on the part of the then government to consult the military had been a failure. Fernando said (page 42): “The military chiefs weren’t consulted in the drafting of the CFA. Of course, a casual opportunity was given to them to discuss the draft with Ministers of Defence (Tilak Marapana) and Constitutional Affairs (Prof. G.L. Peiris). This wasn’t considered adequate by them as they didn’t get an opportunity to discuss the CFA with their senior officers”.

The CFA declared that ACTIVITIES BY DEEP PENETRATION UNITS should be ceased along with the cessation of all military action. The LTTE wouldn’t have demanded a ban on DMI operations unless the group acknowledged the growing threat posed by DMI. The LTTE had been vulnerable to those hunting them in their own backyard. Obviously, the LTTE wouldn’t have bothered about the DMI had the latter been stalking Wickremesinghe in the run-up to the Dec. 2001 polls.

Retired Senior DIG Merril Gunaratne, who had been Defence Advisor to Wickremesinghe during the CFA, exposed the UNP leadership in his ‘COP IN THE CROSSFIRE.’ The first book of its kind, written by one-time Director General of Intelligence, revealed how the top UNP leadership took security issues lightly at the expense of the country as well as the party. Asked whether he had been involved in the operation to move the Kandy police against the DMI, Gunaratne told the writer at that time he categorically opposed the move. “I was convinced the PA government wouldn’t target Wickremesinghe, thereby allowing the UNP to benefit from the sympathy vote. Unfortunately, Wickremesinghe and his top advisors felt the Army was hell bent on destroying the UNP.”

Ex-LTTE’s among the slain

The Athurugiriya raid had a catastrophic impact on the armed forces, which experienced untold hardships due to miscalculations on the part of political and military leaders. Following the betrayal of the DMI, the LTTE unleashed a series of operations in the city, its suburbs and in the Eastern Province. Altogether, over 50 military personnel, Tamil informants as well as ex-LTTE cadres working for the Army, died at the hands of the LTTE as their identities were revealed owing to the raid on the army safe house. Wijayanadan Widyatharan, alias Vidya, of Sea Road, Navakkudah, was the first operative killed by the LTTE after exposure of the Athurugiriya operation. Vaidya was abducted on January 20, 2002, over two weeks after the raid.

The dead included two senior military officers, both killed in Colombo. Although the two military officials, holding the rank of Major and Colonel could have been on a hit list, regardless of the Athurugiriya fiasco, the LTTE exploited the situation to demoralise the Army. Daring operations directed at the DMI and police intelligence helped boost the LTTE’s image. The military was placed in an unenviable position as the suspension of the PTA effectively neutralised counter-measures directed at LTTE hit squads.

Inspector Dale Gunaratne, the then President of the Police Inspectors’ Association, was perhaps the only law enforcement officer publicly critical of the UNP’s response to the LTTE threat. (Having retired years ago, Gunaratne now serves as an Attorney-at-Law) Although his superiors reacted angrily, Gunaratne lashed out at the government for allowing the LTTE to exploit the CFA to its advantage. Citing the killing of Inspector Thabrew at the Dehiwela Police Station, in July 2003, IP Gunaratne alleged that the suspension of the PTA in keeping with the CFA was nothing but a grievous threat to those fighting terrorism. He kept on lambasting the UNP and his own superiors for not taking action to neutralise the LTTE threat. But the UNP was determined to salvage the crumbling peace process at any cost. For those at the helm of the government, the lives of security forces and police didn’t matter, as long as they believed the LTTE would remain in the negotiating process. Politicians felt whatever the provocations, the peace process should continue.

By Shamindra Ferdinando

Continue Reading

Midweek Review

Universal in a Catastrophe

Published

on

Survivors of the South-East Asian tragedy,

Triggered by nature’s stern promptings,

Somehow reining-in suffocating sorrow,

Are leaving no unhinged stone unturned,

To salvage the remains of those held dear,

In fresh testimony of love’s staying power,

But it speaks well for the untouched majority,

That unstinted succor is pouring in,

To render some solace to the hapless,

Although no amount of fellow feeling,

Could make up for the wrenching sorrow,

Of parting from a priceless presence.

By Lynn Ockersz

Continue Reading

Midweek Review

Batalanda and complexities of paramilitary operations

Published

on

Former President Ranil Wickremesinghe’s recent combative ‘Head-to-Head’ interview with British-American Mehdi Hasan on Al Jazeera has opened a can of worms. As to why Hasan raised the Batalanda Presidential Commission report, during a 49-minute interview conducted at the London’s Conway Hall, with a clearly pro LTTE audience, remains a mystery. This must be yet another notorious way to show how even-handed they are as in the case of its coverage of Russia, China, Palestine or Ukraine for their gullible viewers.

Recorded in February and aired in March 2025, the interview is definitely the most controversial the UNP leader, who is also an Attorney-at-Law, ever faced during his political career; always used to getting kid glove treatment, especially after taking over the party in 1994.

The continuing public discourse on Batalanda should provoke a wider discussion on Sri Lanka’s response to separatist Tamil terrorism, since the cold blooded murder of Jaffna SLFP Mayor Alfred Duriappah, which signalled the beginning of the LTTE terror campaign that ended in May 2009 with the crushing military defeat of the Tigers on the banks of the Nathikadal lagoon, as well as two southern insurgencies in 1971 and 1987-1990.

As Nandana Gunatilleke (one time JVP General Secretary and ex-MP), Dr. Wasantha Bandara (ex-JVPer and close associate of the slain JVP leader Rohana Wijeweera), Indrananda de Silva (ex-JVPer, incumbent Central Committee member of Frontline Socialist Party [FSP] and ex-military photographer) and Uvindu Wijeweera (Rohana Wijeweera’s son and leader of Dewana Parapura) agreed during the recent Hiru ‘Balaya’ discussion, conducted by Madushan de Silva, the Batalanda operation was in line with the overall counter-terrorist/insurgency strategy of the then government.

The issues at hand cannot be discussed at all without taking into consideration the JVP terrorism that, at one-time, almost overwhelmed the UNP’s unbroken rule, since 1977, carried out while openly brushing aside most of the universally accepted genuine parliamentary norms. The country’s second Republican constitution, promulgated by the UNP regime with a 5/6 majority in Parliament, in 1978, had been amended no less than 13 times by the time they were finally ousted in 1995. This was mainly to facilitate their continuous rule. Unfortunately, all stakeholders have sought to take advantage of Batalanda, thereby preventing a proper dialogue. Quite surprisingly, none of the guests, nor the interviewer, bothered, at least, to make a reference to the JVP bid on President J.R. Jayewardene’s life in Parliament on the morning of July 18, 1987. At the time, JVPer Ajith Kumara, working in the House as a minor employee, hurled two hand grenades towards JRJ, with the then Prime Minister Ranasinghe Premadasa seated next to JRJ. While one government MP lost his life, several others suffered injuries, including then National Security Minister Lalith Athulathmudali, whose spleen had to be removed.

At one point, Gunatilleke declared that they assassinated UNP MP for Tangalle Jinadasa Weerasinghe on July 3, 1987, in response to the government killing well over 100 people, in Colombo, protesting against the signing of the Indo-Lanka accord on July 29, 1987. The parliamentarian was killed near the Barawakumbuka-Welangahawela bridge on the Colombo-Rathnapura-Embilipitiya Road. The UNPer was killed on his way home after having declined Premier Premadasa’s offer to make an SLAF chopper available for him to reach home safely.

Against the backdrop of MP Weerasinghe’s assassination and the grenade attack on the UNP parliamentary group that claimed the life of Keethi Abeywickrema (MP for Deniyaya), the government had no option but to respond likewise. The operation, established at the Batalanda Housing scheme of the State Fertiliser Corporation, constituted part of the counter-insurgency strategy pursued by the UNP.

Those who called Batalanda complex Batalanda torture camp/ wadakagaraya conveniently forgot during the second JVP inspired insurgency, the military had to utilize many public buildings, including schools, as makeshift accommodation for troops. Of course the UNP established Batalanda under different circumstances with the then Industries Minister Ranil Wickremesinghe providing political authority. Batalanda had been an exclusive police operation though the Army had access to it whenever a requirement arose.

Those who had been suddenly withdrawn from the Northern and Eastern Provinces, to meet the rapidly evolving security threat in the South, required accommodation. FSP CC member Indrananada de Silva had received unhindered access to Batalanda in his capacity as a military photographer and the rest is history.

As to why Indrananda de Silva switched his allegiance to the FSP should be examined, taking into consideration his previous role as a trusted military photographer, formerly a Lance Corporal of the Military Police. An influential section of the JVP, led by Kumar Gunaratnam, formed the FSP in April 2012 though it didn’t receive the much anticipated public support. Both Indrananda de Silva and Nandana Gunatilleke, who aligned himself with the UNP, found fault with the JVP-led National People’s Power (NPP) over its handling of the Batalanada issue.

Paramilitary operations

Paramilitary operations had been an integral part of the overall counter-insurgency campaign, directed at the JVP responsible for approximately 6,600 killings. Among those death squads were PRRA primarily drawn from the SLMP (Sri Lanka Mahajana Party) and SRRA (the socialist Revolutionary Red Army). PRRA had close links with the Independent Student Union (ISU) whose leader Daya Pathirana was slain by the JVP. The vast majority of people do not remember that Daya Pathirana, who led the ISU during the turbulent 1985-1986 period, was killed mid-Dec. 1989. The second insurgency hadn’t started at that time though the JVP propagated the lie that they took up arms against the UNP government following the signing of the Indo-Lanka peace accord on July 29, 1987.

In addition to PRRA and SRRA, the government made use of paramilitary groups, namely Kalu balallu, Ukkusso, Rajaliyo, Kaha balallu, Kola koti, Rathu Makaru, Mapila, Gonussa, Nee, Keshara Sinhayo, Le-mappillu and Kalu koti.

The UNP also involved some elements of Indian trained Tamil groups (not of the LTTE) in paramilitary operations. Such operations, that had been backed by respective Cabinet Ministers, were supervised by local law enforcement authorities. Paramilitary operations had been in line with psychological warfare that was meant to cause fear among the JVP, as well as the general population. Military operations that had been combined with paramilitary actions received the blessings of the political leadership at the highest level. In the case of Batalanda (1988-1990) President J.R. Jayewardene and Ranasinghe Premadasa knew of its existence.

Even after the eradication of the top JVP leadership, by Nov. 1989, police, military and paramilitary operations continued unabated. Former JVPers appearing on ‘Balaya’ agreed that counter-insurgency operations were actually brought to an end only after D.B. Wijetunga succeeded President Ranasinghe Premadasa after the latter’s assassination on May Day 1993.

After the LTTE resumed war in June 1990, just a couple of months after the withdrawal of the Indian Army (July 1987-March1990), the UNP authorized paramilitary operations in the northern and eastern areas. Members of TELO, PLOTE, EPRLF as well as EPDP were made part of the overall government security strategy. They operated in large groups. Some paramilitary units were deployed in the Jaffna islands as well. And these groups were represented in Parliament. They enjoyed privileged status not only in the northern and eastern regions but Colombo as well. The government allowed them to carry weapons in the city and its suburbs.

These groups operated armed units in Colombo. The writer had the opportunity to visit EPDP and PLOTE safe houses in Colombo and its suburbs soon after they reached an understanding with President Ranasinghe Premadasa. Overnight at the behest of President Premadasa, the Election Department granted these Tamil groups political recognition. In other words, armed groups were made political parties. The Premadasa government accepted their right to carry weapons while being represented in Parliament.

It would be pertinent to mention that thousands of Tamil paramilitary personnel served the government during that period. There had been many confrontations between them and the LTTE over the years and the latter sought to eliminate key paramilitary personnel. Let me remind you of the circumstances, the EPRLF’s number 02 Thambirajah Subathiran alias Robert was sniped to death in June 2003. Robert was engaged in routine morning exercises on the top floor of the two-storeyed EPRLF office, on the hospital road, Jaffna, when an LTTE sniper took him out from the nearby Vembadi Girls’ high school. The operation of the Norway managed Ceasefire Agreement (CFA) made no difference as the LTTE removed Robert who led the party here in the absence of leader Varatharaja Perumal, the first and the only Chief Minister of the North-Eastern Province.

In terms of the CFA that had been signed by Premier Ranil Wickremesinghe and LTTE leader Velupillai Prabhakaran, in Feb. 2002, the government agreed to disarm all paramilitary personnel. Many wouldn’t remember now that during Premadasa’s honeymoon with the LTTE, the Army facilitated the LTTE onslaught on paramilitary groups in selected areas.

Muthaliff’s role

During the ‘Balaya’ discussion, the contentious issue of who shot JVP leader Rohana Wijeweera came up. Nandana Gunatilleke, who contested the 1999 Dec. presidential election. as the JVP candidate, pointing to an article carried in the party organ that dealt with Wijeweera’s assassination said that he wrongly named Gaffoor as one of the persons who shot their leader whereas the actual shooter was Muthaliff. The headline named Thoradeniya and Gaffoor as the perpetrators.

Declaring that he personally wrote that article on the basis of information provided by Indrananda de Silva, Gunatilleke named Asoka Thoradeniya and Tuan Nizam Muthaliff of the Army as the perpetrators of the crime. Thoradeniya served as Sri Lanka’s High Commissioner in the Maldives during the Yahapalana administration, while Muthaliff was killed by the LTTE in Colombo in late May 2005. The shooting took place at Polhengoda junction, Narahenpita. Muthaliff was on his way from Manning town, Narahenpita, to the Kotelawala Defence University.

The programme was told that the JVP had over the years developed close relationship with Thoradeniya while Indrananda de Silva accused Dr. Wasantha Bandara of duplicity regarding Muthaliff. How could you recognize Muthaliff, slain by the LTTE, as a war hero as he was actually one of the persons who shot Rohana Wijeweera, the latter asked.

At the time of his assassination, Muthaliff served as the Commanding Officer, 1 st Regiment Sri Lanka Military Intelligence Corps. The then parliamentarian Wimal Weerawansa was among those who paid last respects to Maj. Muthaliff.

At the time of Rohana Wijeweera’s arrest, Muthaliff served as Lieutenant while Thoradeniya was a Major. Indrananda de Silva strongly stressed that atrocities perpetrated by the police and military in the South or in the northern and eastern regions must be dealt with regardless of whom they were conducting operations against. The former JVPer recalled the Army massacre in the east in retaliation for the landmine blast that claimed the lives of Northern Commander Maj. Gen. Denzil Kobbekaduwa and a group of senior officers, including Brigadier Wijaya Wimalaratne, in early Aug. 1990 in Kayts.

Dr. Wasantha Bandara warned of the Western powers taking advantage of what he called false narrative to push for a Truth and Reconciliation Commission.

It would be pertinent to mention that the LTTE also used the underworld as well as some corrupt Army personnel in planning high profile assassinations. Investigations into the assassination of Muthaliff, as well as Maj. Gen. Parami Kulatunga, killed in a suicide attack at Pannipitiya, in June 2006, revealed the direct involvement of military personnel with the LTTE.

Indrananda de Silva disclosed that soon after Anura Kumara Dissanayake won the presidential election last September, the FSP, in writing, requested the JVP leader to inquire into killings during that period, including that of Rohana Wijeweera. The FSPer alleged that President Dissanayake refrained from even acknowledging their letter. Indrananda de Silva emphasized that Al Jazeera never disclosed anything new as regards Batalanda as he exposed the truth years ago. The former JVPer ridiculed the ruling party tabling the Batalanda Commission report in the wake of Wickremesinghe’s Al Jazeera interview whereas the matter was in the public domain for quite some time.

Indrananda de Silva and Nandana Gunatilleke exchanged words over the latter’s declaration that the JVP, too, was subjected to investigation for violence unleashed during the 1987-1990 period. While the FSPer repeatedly declared that those who carried out directives issued by the party were arrested and in some cases killed, Nandana Gunatilleke took up the position that the party should be held accountable for crimes perpetrated during that period.

The interviewer posed Nandana Gunatilleke the question whether he was betraying his former comrades after joining the UNP. Nandana Gunatilleke shot back that he joined the UNP in 2015 whereas the JVP joined UNP as far back as 2009 to promote retired Army Chef Sarath Fonseka’s presidential ambition even though he wiped out the JVP presence in Trincomalee region during the second insurgency.

JVP’s accountability

Nandana Gunatilleke is adamant that the party should accept responsibility for the killings carried out at that time. The former JVPer declared that Vijaya Kumaratunga (Feb. 16, 1988), first Vice Chancellor of the Colombo University (March 08, 1989) Dr. Stanley Wijesundera, Ven. Kotikawatte Saddhatissa thera (Aug. 03, 1988) and Chairperson of the State Pharmaceutical Corporation Gladys Jayewardene (Sept. 12, 1989) were among those assassinated by the JVP. SPC Chairperson was killed for importing medicine from India, the former Marxist aligned with the UNP said, while actor-turned-politician Kumaratunga’s assassination was attributed to his dealings with President J.R. Jayewardene.

According to Nandana Gunatilleke, except for a few killings such as General Secretaries of the UNP Harsha Abeywickrema (Dec 23, 1987) and Nandalal Fernando (May 20, 1988), the vast majority of others were ordinary people like grama sevakas killed on mere accusation of being informants. The deaths were ordered on the basis of hearsay, Nandana Gunatilleke said, much to the embarrassment of others who represented the interest of the JVP at that time.

One quite extraordinary moment during the ‘Balaya’ programme was when Nandana Gunatilleke revealed their (JVP’s) direct contact with the Indian High Commission at a time the JVP publicly took an extremely anti-Indian stance. In fact, the JVP propagated a strong anti-Indian line during the insurgency. Turning towards Dr. Wasantha Bandara, Gunatilleke disclosed that both of them had been part of the dialogue with the Indian High Commission.

It reminds me of the late Somawansa Amarasinghe’s first public address delivered at a JVP rally in late Nov. 2001 after returning home from 12 years of self-imposed exile. Of the top JVP leadership, Somawansa Amarasinghe, who had been married to a close relative of powerful UNP Minister Sirisena Cooray, was the only one to survive combined police/military/paramilitary operations.

Amarasinghe didn’t mince his words when he declared at a Kalutara rally that his life was saved by Indian Premier V.P. Singh. Soft spoken Amarasinghe profusely thanked India for saving his life. Unfortunately, those who discuss issues at hand conveniently forget crucial information in the public domain. Such lapses can be both deliberate and due to negligence.

By Shamindra Ferdinando

Continue Reading

Trending