Return to War - Human Rights Watch
Return to War - Human Rights Watch Return to War - Human Rights Watch
convictions of government officials for killing Tamils are virtually nonexistent. 237 The Sri Lankan government claims that it prosecutes abusive members of the security forces to the fullest extent of the law. It said that in 2006 the attorney general issued 10 indictments against security force personnel, followed by seven indictments in 2007. In addition, the government said that the military took disciplinary action against six members of the military in 2006, and the police did the same against 26 members of that force. 238 The government has not provided details on any of these cases. The one specific case the government has publicized is the November 2006 arrests of a police officer and army soldier in relation to the killing of five students from the Thandikulam Agricultural College near Vavuniya earlier that month. 239 On November 18, an explosive devise near the college ostensibly placed by the LTTE killed five government soldiers as they drove the A9 highway towards the Kokilai army camp. According to media reports, security forces arrived in the area after the explosion, assaulted college students, and shot at some, killing five. A spokeswoman for the SLMM said the soldiers “fired indiscriminately at a group of students who had thrown themselves on the ground seeking safety after an LTTE claymore mine blast nearby.” 240 The government denounced the SLMM for its “biased statement” and, citing military sources, said the students were caught in crossfire when the LTTE opened fire from behind the college. 241 In July, however, the government said the attorney general would forward an indictment in the case. 242 237 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mission to Sri Lanka, 28 November – 6 December 2005 (E/CN.4/2006/53/Add.5). 238 Letter from Sri Lankan Ambassador to the United States Bernard Goonetilleke to US Congressman Rush Holt, July 9, 2007, available at http://www.lankaweb.com/news/items07/usletter.pdf (accessed July 18, 2007). 239 “Soldier, PC Arrested in Thandikulam Killing,” Daily News (Colombo), November 27, 2006, http://www.dailynews.lk/2001/pix/PrintPage.asp?REF=/2006/11/27/sec06.asp (accessed July 18, 2007). 240 “S. Lankan Troops Opened Fire on Students – Monitors,” Reuters, November 19, 2006. 241 “SLMM is Biased and Unreasonable – Minister Rumbukwella,” News Portal of the Government of Sri Lanka, November 22, 2006, http://www.news.lk/index.php?option=com_content&task=view&id=1190&Itemid=44 (accessed July 18, 2007). 242 Ministry of Disaster Management and Human Rights, “Government to Prosecute Army and Police Personnel Indictment to Be Served on Thandikulam Killings,” July 5, 2007, http://www.slembassyusa.org/backup/PR_July_6_2007.dwt (accessed July 18, 2007). 107 Human Rights Watch August 2007
Lack of witness protection A key problem in prosecuting cases is the lack of a witness protection law or program, which discourages cooperative individuals from giving evidence against members of the security forces. 243 Without adequate protection, the risk of retaliation for some remains too high. According to Sri Lankan lawyers and human rights activists, witnesses in criminal cases who implicate members of the security forces have been targeted in the past with threats, harassment, and violence. Witness protection is a serious concern in the murder case of five Tamil young men in Trincomalee on January 2, 2006. According to University Teachers for Human Rights (Jaffna), members of the security forces beat and then executed the young men. 244 Initially the security forces reported that five LTTE cadres preparing an attack had been killed by their own grenade, which had accidentally exploded, but the authorities soon abandoned that claim. 245 In January 2006 President Rajapaksa promised donor co-chairs that abuse of power by security forces would not be tolerated under any circumstances and that perpetrators of the Trincomalee killings would face justice, irrespective of rank. 246 However, at this writing the investigation has not progressed. A dozen STF members were effectively discharged in April, 247 but to date several of the security personnel implicated in the murders remain in Trincomalee. A senior police officer cited in a special investigator’s report as allegedly being “behind the shooting incident” received a promotion and remained in Trincomalee until July 31, 2006, seven months 243 The attorney general has drafted a new bill, currently before the law commission, entitled “Assistance and Protection to Victims of Crime and Witnesses.” According to the Sri Lankan government, it is “keen on having the bill formally approved by the law commission, so that it could be present to parliament soon.” Sri Lankan government response to Human Rights Watch, July 12, 2007. 244 University Teachers for Human Rights (Jaffna), “The Five Students Case in Trincomalee,” April 19, 2007, http://uthr.org/SpecialReports/spreport24.htm (accessed May 30, 2007). 245 D.B.S. Jeyaraj, “Terrible truth of the Trincomalee tragedy,” TamilWeek, January 15, 2006, http://www.tamilweek.com/Trincomalee_tragedy_0115.html (accessed July 16, 2007). 246 President Mahinda Rajapaksa meets donor co-chairs, Embassy of Sri Lanka, Washington D.C., January 9, 2006, http://www.slembassyusa.org/archives/main_index_pages/2006/pr_presi_secre_09jan06.html (accessed July 24, 2007). 247 Human Rights Watch interview with official at Presidential Secretariat, June 27, 2006. Return to War 108
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convictions of government officials for killing Tamils are virtually nonexistent.<br />
237<br />
The Sri Lankan government claims that it prosecutes abusive members of the<br />
security forces <strong>to</strong> the fullest extent of the law. It said that in 2006 the at<strong>to</strong>rney<br />
general issued 10 indictments against security force personnel, followed by seven<br />
indictments in 2007. In addition, the government said that the military <strong>to</strong>ok<br />
disciplinary action against six members of the military in 2006, and the police did<br />
the same against 26 members of that force. 238 The government has not provided<br />
details on any of these cases.<br />
The one specific case the government has publicized is the November 2006 arrests<br />
of a police officer and army soldier in relation <strong>to</strong> the killing of five students from the<br />
Thandikulam Agricultural College near Vavuniya earlier that month. 239 On November<br />
18, an explosive devise near the college ostensibly placed by the LTTE killed five<br />
government soldiers as they drove the A9 highway <strong>to</strong>wards the Kokilai army camp.<br />
According <strong>to</strong> media reports, security forces arrived in the area after the explosion,<br />
assaulted college students, and shot at some, killing five. A spokeswoman for the<br />
SLMM said the soldiers “fired indiscriminately at a group of students who had<br />
thrown themselves on the ground seeking safety after an LTTE claymore mine blast<br />
nearby.” 240 The government denounced the SLMM for its “biased statement” and,<br />
citing military sources, said the students were caught in crossfire when the LTTE<br />
opened fire from behind the college. 241 In July, however, the government said the<br />
at<strong>to</strong>rney general would forward an indictment in the case. 242<br />
237 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, Mission <strong>to</strong> Sri Lanka, 28 November – 6<br />
December 2005 (E/CN.4/2006/53/Add.5).<br />
238 Letter from Sri Lankan Ambassador <strong>to</strong> the United States Bernard Goonetilleke <strong>to</strong> US Congressman Rush Holt, July 9, 2007,<br />
available at http://www.lankaweb.com/news/items07/usletter.pdf (accessed July 18, 2007).<br />
239 “Soldier, PC Arrested in Thandikulam Killing,” Daily News (Colombo), November 27, 2006,<br />
http://www.dailynews.lk/2001/pix/PrintPage.asp?REF=/2006/11/27/sec06.asp (accessed July 18, 2007).<br />
240 “S. Lankan Troops Opened Fire on Students – Moni<strong>to</strong>rs,” Reuters, November 19, 2006.<br />
241 “SLMM is Biased and Unreasonable – Minister Rumbukwella,” News Portal of the Government of Sri Lanka, November 22,<br />
2006, http://www.news.lk/index.php?option=com_content&task=view&id=1190&Itemid=44 (accessed July 18, 2007).<br />
242 Ministry of Disaster Management and <strong>Human</strong> <strong>Rights</strong>, “Government <strong>to</strong> Prosecute Army and Police Personnel Indictment <strong>to</strong><br />
Be Served on Thandikulam Killings,” July 5, 2007, http://www.slembassyusa.org/backup/PR_July_6_2007.dwt (accessed July<br />
18, 2007).<br />
107<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> August 2007
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