Identifier
Created
Classification
Origin
03COLOMBO646
2003-04-15 09:50:00
CONFIDENTIAL
Embassy Colombo
Cable title:  

Leahy Amendment: Mission reviews human rights

Tags:  PREL PHUM PGOV MOPS KPAO CE 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000646 

SIPDIS

DEPARTMENT FOR SA, SA/INS, SA/PD, DRL, PM, H, INR, L,
INL

LONDON FOR POL/RIEDEL

E.O. 12958: DECL: 04-15-13
TAGS: PREL PHUM PGOV MOPS KPAO CE
SUBJECT: Leahy Amendment: Mission reviews human rights
record of army commander in light of recent court ruling

Refs: (A) Colombo 536; (B) State 34981

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

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 000646

SIPDIS

DEPARTMENT FOR SA, SA/INS, SA/PD, DRL, PM, H, INR, L,
INL

LONDON FOR POL/RIEDEL

E.O. 12958: DECL: 04-15-13
TAGS: PREL PHUM PGOV MOPS KPAO CE
SUBJECT: Leahy Amendment: Mission reviews human rights
record of army commander in light of recent court ruling

Refs: (A) Colombo 536; (B) State 34981

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


1. (C) SUMMARY: This cable reviews the human rights
record of Army Commander Balagalle in light of a recent
adverse court ruling involving the December 2001
election. Balagalle's human rights record, heretofore,
has been excellent and we do not think the ruling rises
to the level of a "gross violation" per the Leahy
Amendment. Given this assessment, we recommend that
Balagalle still be considered for USG-sponsored
programs. Suggested press guidance is contained in Para

5. END SUMMARY.


2. (SBU) COURT RULING: Per Ref A, in a March 25, 2003,
ruling, Sri Lanka's Supreme Court found Army Commander
Lt. General L.P. Balagalle guilty of violating the
fundamental rights of Tamil voters. The facts of the
case follow: During the December 5, 2001, parliamentary
election, a number of checkpoints leading from areas
controlled by the Liberation Tiger of Tamil Eelam (LTTE)
into government-controlled areas were closed. In
explaining this action, the military maintained that it
had credible information that the Tigers planned to
infiltrate cadre into government-controlled areas in
order to launch terrorist attacks on election day. The
military also argued that it was acting per the orders
of the People's Alliance/JVP government then in power.
The closing of the checkpoints, however, effectively
disenfranchised thousands of Tamils living in LTTE-
controlled areas. Rejecting the military's claims that
its action was prompted by security concerns, the
Supreme Court ruled that there had been a violation of
citizens' fundamental right to vote. The Supreme Court
fined Balagalle a total of 90,000 Sri Lanka Rupees
(approximately USD 950) for his involvement in the
incident. No other action was taken against Balagalle.
(Note: Per Ref A, D. Dissanayake, the then-
Commissioner of Elections, was assessed a fine for his

role in the matter, as was the GSL.)


3. (C) BALAGALLE'S HUMAN RIGHTS RECORD: Other than this
adverse court ruling, Mission does not have additional
negative human rights-related information regarding
Gen. Balagalle in its possession. Balagalle, in fact,
has been recognized as an important figure in improving
the military's human rights record over the past six
years. Beginning in January 1997, for example, when he
became commander of military forces in Jaffna, he took
steps to improve his command's awful human rights
record. In doing this, Balagalle mandated that human
rights cases involving military personnel be pursued to
their full extent. He was also a key figure in
establishing human rights units and instituting training
on human rights matters within army ranks in Jaffna.
Since the time Balagalle assumed leadership of the army
in 2000, in fact, human rights training has quickly
spread through all the military branches. Due in large
part to Balagalle's efforts, the military's overall
human rights record has improved dramatically in the
past several years (as is borne out in the annual human
rights reports re Sri Lanka).


4. (C) ASSESSMENT RE LEAHY AMENDMENT: Mission has
carefully reviewed the Supreme Court's ruling and
determined that Balagalle's actions do not constitute a
"gross violation of human rights" per the Leahy
Amendment (see Ref B, Para 13). While the infraction
was serious, we do not think it can be defined as a
"gross violation" given that Balagalle was only assessed
a small administrative fine. Moreover, given the
totality of his human rights record, we think Balagalle
did not set out intentionally to prevent Tamils from
voting. In light of this assessment and unless
otherwise instructed, Mission plans to clear Balagalle
during Leahy Amendment vetting should he be nominated
for USG-sponsored programs in the future. (Note:
Balagalle has attended USG-sponsored programs in the
past. He is currently slated to take part in the
Pacific Army Chiefs Conference taking place later this
year in South Korea. As in the past, Balagalle is also
likely to be invited to attend the annual Chiefs of
Defense Conference in late 2003.)


5. (SBU) SUGGESTED PRESS GUIDANCE: If Balagalle is
selected to participate in USG-sponsored program in the
future and if asked, we suggest the following press
guidance:

Begin text:

The March 2003 ruling by Sri Lanka's Supreme Court
indicated that a serious infraction had taken place and
we regret that Sri Lankan citizens were unable to vote
in the December 2001 election. The U.S. Embassy,
however, has reviewed the matter and determined that
applicable U.S. laws, including the Leahy Amendment, do
not preclude Lt. General Balagalle's participation in
USG-sponsored programs.

End text.


6. (U) Minimize considered.

WILLS