INVESTIGATIONS CONTINUE UNDER STATE OF EMERGENCY

UNCLAS SECTION 01 OF 02 COLOMBO 001448 SIPDIS SENSITIVE E.O. 12958: N/A TAGS: PGOV PHUM PTER CE LTTE SUBJECT: INVESTIGATIONS CONTINUE UNDER STATE OF EMERGENCY REF: A. COLOMBO 1419 ¶B. COLOMBO 1374 ¶1. (U) SUMMARY: While security forces continue to investigate the murder of Sri Lankan Foreign Minister Kadirgamar, human rights groups urge restraint under the State of Emergency (SOE). Meanwhile, Tamil leaders complain the SOE and checkpoint inspections are an undue trauma on the Tamil people as the leaders try to shift blame for the murder elsewhere. In the Liberation Tigers of Tamil Eelam (LTTE) controlled North, LTTE supporters flexed their muscles by storming a UN compound to cut down flags flown at half mast out of respect for the slain Foreign Minister, while in the east Tigers shot at Sri Lankan Army (SLA) soldiers at two checkpoints, killing one. END SUMMARY 2.(U) According to Army spokesman BGEN Ratnayake, police have detained and questioned 51 persons since the August 12 shooting of Foreign Minister Lakshman Kadirgamar. Of the 51 questioned, 17 were released on bail after appearing before a magistrate, 18 others were released without bail, 8 have been ordered held by a magistrate, and the remaining 8 are being held for further questions. Police recovered a 40mm grenade launcher, Chinese design type 82 hand grenade, rifle ammunition, water bottles and food consumed at the sniper's perch. These items have been sent to the government analyst for forensic examination. 3.(U) Although the Public Security Ordinance (PSO) gives the President wide ranging powers in an SOE, President Kumaratunga is required to have an itemized list of those new powers "gazetted" and approved before Parliament within ten days. Parliament will begin this emergency debate August 18. Under the PSO, once approved by Parliament, the SOE may remain in effect for one month, and can be extended month by month by Parliament. For the most part, however, the current SOE does not seem to have a visible impact on the lives of most Colombo residents. For example, there does not appear to be an appreciable increase of security forces on the street; there is little restriction on movement, and no suspension of public gatherings. Most importantly, other civil liberties remain unaffected. 4.(SBU) The scenario is predictably somewhat different in the North and East. Following the shooting of Kadirgamar, on August 13 the SLA closed the crossings between LTTE and government controlled areas in the Northeastern province. In the north this caused a back up of traffic for several miles along the A-9 highway. The pro-LTTE TamilNet reported that Tamils in Ampara and Trincomalee districts were being harassed and refused passage to the local hospital, which a phone conversation with the USAID field office dispelled as propaganda. The USAID office further indicated that local Tamil employees thought the search procedure were more professional and less invasive that during the conflict period. All crossings have since re-opened. In a August 15 conversation with POLOFF, the Vavuniya Government Agent described the SLA as beefing up its bunkers and fence lines. The government agent went on to say the mood in the north is violent, explaining that civilians could be incited by the LTTE as they were in Jaffna on August 5 (Reftel B). ¶5. (U) This hostility was manifested when LTTE supporters on August 15 bullied their way on to UN compounds in the LTTE capital Kilinochchi to cut down UN flags that had been flying at half mast for the national day of mourning. This incident was followed on August 16 by LTTE cadres firing at two guard posts in Trincomalee, killing one SLA soldier. It is reported by an SLA spokesperson that the gunman was hiding behind a group of civilians crossing the road, in effect using them as human shields. ¶6. (U) On August 13 LTTE political head Thamilchelvan denied LTTE involvement in the Kadirgamar assassination and blamed "Sri Lankan armed forces with a hidden agenda." In a televised address to the nation on August 14, President Kumaratunga held the LTTE responsible for Kadirgamar murder and dismissed their denials. While she justified several security measures, the President affirmed her commitment to peace stating that "we need an enlightened vision and policy that will seek out the true causes of ethnic conflict in our land and address it objectively and effectively." Most significantly she indirectly criticized the Sinhala chauvinists in the JVP and JHU parties as "Those extremist forces who oppose even minimal concessions towards peace ..." calling them "responsible for the perpetuation of the terrorist cause , in as much as the LTTE is for responsible for generating it." She closed her speech by urging Sri Lankans not to be provoked to violence and to act with the "utmost restraint". ¶7. (U) Late August 17 the LTTE regained their footing when Thamilchelvan released a statement declaring "war is not an option" but still claiming a Southern inside job in the killing of Kadirgamar. ¶6. (SBU) COMMENT: To date the actions of the Sri Lanakan government and security forces appear to have been professional and proportional. It is very encouraging that at every opportunity the GSL has reiterated a commitment to the peace process. In stark contrast, the LTTE wasted four days denying their involvement and making no mention of the cease fire agreement or the peace process. END COMMENT. ENTWISTLE