Human rights update: GSL pursues human rights

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000331

SIPDIS

DEPARTMENT FOR SA, SA/INS

E.O. 12958: DECL: 02-27-13
TAGS: PHUM PGOV CE
SUBJECT: Human rights update: GSL pursues human rights
cases, LTTE shows halting human rights improvements

Ref: Colombo 147 and previous

(U) Classified by Lewis Amselem, Deputy Chief of
Mission. Reasons 1.5 (b, d)


1. (C) Summary: Although the Sri Lankan government
continues to pursue human rights cases through its
judicial system, reports of torture in custody continue.
The Liberation Tigers of Tamil Eelam (LTTE),meanwhile,
is doing little to improve its human rights record. The
high visibility issue of the LTTE recruiting children
remains an issue despite promises to the contrary. End
Summary.

GSL
===


2. (SBU) The Sri Lankan government continues to pursue a
number of high profile human rights related court cases,
including:

Mirusuvil Massacre Case: The case centers on the
abduction of 9 Tamil civilians by Sri Lanka Army
personnel. Eight of the Tamils abducted were killed and
five soldiers are charged with their murders. The most
recent hearing was on February 17. During the hearing
the sole survivor of nine Tamil civilians that had been
abducted gave testimony of events prior to his escape.
Fifty-six further witnesses are scheduled to testify.

Bindunuwewa Massacre Case: In October 2000, 27 Tamils
held at the Bindunuwewa rehabilitation camp for former
child soldiers were killed while police allegedly looked
on. In May 2001, a court case against 51 suspects began
with the reading of 83 charges. The next court hearing
is scheduled for March 10. In conjunction with the
hearing, the court has agreed to accept written
submissions of testimony by the accused.

Kandy Election Day Killings: Anuruddha Ratwatte, the
former Defense Minister and a relative of President
Kumaratunga, along with his two sons and thirteen other
defendants, including security force personnel, have
been accused of murdering ten Muslim campaign workers on
election day December 5, 2001. Ratwatte allegedly
directed the killings. The trial-at-bar into this case
has been hearing testimony for the past two weeks and is
scheduled to continue on a daily basis until all
evidence has been presented. On February 17 Commander
of the Army Lt. General Lionel Balagalle testified on
behalf of the prosecutors, claiming that Ratwatte was
using soldiers for his personal gain. (Note: A trial-
at-bar replaces a jury with three high court judges with
the intended effect of speeding up the trial process and
limiting the possibility of harassing witnesses.)


3. (SBU) Human rights observers are reporting that Anton
Michael, a local human rights activist was assaulted by
prison guards while he was in custody. While attending
court for another issue on February 6, Michael was
reportedly found in contempt of court and sentenced to
one-year imprisonment. He reportedly suffered spinal
injuries at the hands of the prison guards on February

10. The Minister of Interior and the Prime Minister's
office have ordered investigations into the incident.
Prison officials have claimed that Michael attacked the
prison guards and was injured when they had to
forcefully subdue him.


4. (SBU) On October 20, 2002 Ranjith Karunaratne died
under questionable circumstances while being transported
to a police station. He was arrested for his alleged
involvement in theft rings. On February 19 six police
officers were arrested by the Criminal Investigation
Division (CID) for their alleged involvement in
Karunaratne's death.

LTTE
====


5. (C) During the fifth round of peace talks, held in
Berlin, the LTTE agreed to work with UNICEF to end child
recruitment. In reference to this agreement, on
February 20 Inspector General of Police T.E. Anandarajah
announced that the LTTE have released 110 children of
the 136 reported abducted between April 2002 and January

2003. Deputy Head of the ICRC Delegation Catherine
Gendre stated, however, that the press statement just
reviewed old cases and only covered a fraction of the
cases reported in other sources. The SLMM, for example,
received reports of almost 600 abduction cases during
that time frame. In addition, indications are that the
LTTE continues to forcibly recruit children in eastern
Sri Lanka.


6. (C) The LTTE also continues to detain two Sri Lankan
Security Force Personnel. The LTTE has permitted the
ICRC to meet with the soldier on one occasion. The ICRC
has not yet been able to meet with the police officer,
despite its request to do so. Hagrup Haukland, Deputy
Head of Mission for the Sri Lanka Monitoring Mission has
been in regular contact with the LTTE on its detention
of the two Sri Lankan security force personnel, and has
repeatedly urged the LTTE to release the captives. He
stated that the LTTE recently agreed to release the two
in the near future and that based on similar promises in
the past he expects that the two will likely be released
within the next two to three days. The LTTE has been
holding the soldier since December 24, 2002 and the
police officer since February 20.

Comment
=======


7. (SBU) The cases reviewed above show a trend that more
and more human rights observers are commenting on in
Colombo. While the GSL has a fair share of human rights
related problems, particularly torture in police
custody, it is taking steps to address the issues. At
the same time, the LTTE is making positive
pronouncements on its intentions to abide by
international human rights standards, but has yet to
deliver on many of those promises. End Comment.


8. (U) Minimize considered.

WILLS