SRI LANKA: ARMY, POLICE ROUND UP TAMILS WHILE

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 001616

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS

E.O. 12958: DECL: 11/29/2017
TAGS: PREL PGOV PTER PHUM MOPS CE
SUBJECT: SRI LANKA: ARMY, POLICE ROUND UP TAMILS WHILE
SEARCHING FOR TIGERS

REF: A) COLOMBO 1604 B) COLOMBO 1601

Classified By: Ambassador Robert O. Blake, Jr. Reasons: 1.4 (b, d)


1. (C) SUMMARY: On November 30 - December 3, Sri Lankan
security forces conducted random arrests and cordon and
search operations, rounding up approximately 2500 Tamils in
Colombo and suburbs and perhaps 3500 island-wide. Some of
the detainees were released within hours, others were
transported to the Terrorism Investigation Division's
detention facility at Boossa, near Galle, or held in prisons
in the Colombo area and elsewhere. On December 3, President
Rajapaksa met with the leaders of two Tamil parties in his
coalition and announced that those who have not been charged
would be released. According to government sources, about
2300 detainees have now been released. The International Red
Cross told us privately that perhaps 350 had been formally
arrested or were being held on detention orders under the
emergency regulations. Of those, 5 had been released.
Minister for Human Rights Smarasinghe issued a statement in
which he pledge the government's commitment to a
Presidential diective on arrest and detentions which was
re-issed in June 2007. However, it is clear that securiy
forces have not observed important provisions f this
directive, including a requirement to isse "receipts" for
detainees to their next of kin ad notify all detentions to
the national Human Rihts Commission. Although the roundups
are cleary aimed at trying to uncover LTTE cadres at large
in the Colombo area in an attempt to prevent new ombing
attacks, the haphazard methodology employe does not appear
to ensure this outcome. End sumary.

CROSSING POINT BECOMES ONE-WAY
--------------


2. (C) On November 29, Defense Secretary Gothabaya Rajapaksa
issued a verbal directive closing the crossing at Omanthai
between LTTE- and government-controlled territory. He told
DCM and Pol Chief on November 30 that the purpose in sealing
the checkpoint for those moving into government areas from
the Tiger-controlled Vanni (effectively stranding those
civilians inside) is to prevent LTTE cadres from moving south
to conduct further attacks similar to the bombings in Colombo
and environs on November 28 (ref a). He indicated that the
GSL expects further attacks on civilian targets but said
there is no specific intelligence on Tiger targets or
planning. (COMMENT: much of the GSL threat perception
appeared based on an analysis of LTTE leader Prabhakaran's
November 27 "Heroes' Day" speech, ref b.)

ROUNDUP OF TAMILS BEGINS
--------------


3. (C) Gothabaya added that "the reason the LTTE was able to
attack civilians in Colombo is we have not been arresting
enough people. Detentions in Colombo have gone down to near
zero." Hours later, police and military began a large-scale
roundup of Tamils, mainly in Colombo and environs, but also
in Gampaha district and parts of the Hill country. The
detentions appeared to be fairly random; even those Tamils
with permission to reside in Colombo, employment papers, and
so on were being picked up mainly on the basis of having
Tamil surnames.


4. (C) Embassy estimates that approximately 3,500 Tamils
were taken to police stations by December 3. Several hundred
were later formally arrested or detained under the emergency
regulations. The Terrorism Investigation Division detention
facility at Boossa, near Galle, quickly reached and exceeded
its capacity. Other detainees were held in Colombo jails or
in the prison at Kalutara, south of Colombo. NGOs reported
that among those detained were many women. According to
human rights attorneys, some of these had infants with them.

COLOMBO 00001616 002 OF 004


There were complaints of severe overcrowding as well as
inadequate provision of food, water, and toilets.

GOVERNMENT RESPONDS TO HUMAN RIGHTS CONCERNS
--------------


5. (C) DCM called Foreign Secretary Palitha Kohona on
December 1 to confirm that roundups were underway, request
more information, and express concern. Kohona defended the
action, saying the GSL was acting on the basis of
intelligence information that suicide bomb cells were active
in the Colombo area.


6. (C) Human Rights Minister Mahinda Samarasinghe announced
on December 3 that his ministry had set up a help desk for
the public to obtain information about persons arrested and
or detained by police and security forces in the "roundup of
suspect persons." A press release noted that "police have
been directed to share the list of names of persons detained
with the relevant authorities, including the Ministry of
Disaster Management and Human Rights and the Human Rights
Commission ... This action has been taken by the Minister of
Disaster Management and Human Rights Mahinda Samarasinghe,
acting on the instructions of President Mahinda Rajapaksa,
following the many representations made to the President
regarding persons detained by the authorities in the last few
days... At a meeting with senior officials concerned with
the arrest and detention of persons held today (December 03)
Minister Samarasinghe emphasized the Government's commitment
to safeguarding the human rights of all persons arrested and
detained; the firm policy on zero-tolerance of torture and
inhuman or degrading treatment or punishment of persons in
custody. It was further stressed that all arrests and
detentions must be carried out strictly in accordance with
the law."

SEARCHES AND ARRESTS HAPHAZARD AND ARBITRARY
--------------


7. (C) In fact, it appears clear that the security forces
did not observe many provisions of the Presidential directive
on arrest and detentions. (Note: this directive was re-issued
at Ambassador Blake's suggestion in June 2007.) The Law and
Society Trust director noted that cordon and search
operations are permissible under Sri Lankan law, but the
process by which arrests were made was haphazard and
indiscriminate. A Sinhalese attorney told us that police
sources reported receiving specific but verbal instructions
from the Defense Secretary that all Tamils could be arrested
without any reason and can be kept for 90 days under a
detention order.


8. (SBU) A Tamil human rights lawyer noted that there
appeared to be little basis for suspicion against most of the
detainees, other than their Tamil ethnicity. Further, he
pointed out, in very few cases were "receipts" issued
notifying next-of-kin of the arrests as required. According
to Sri Lankan law, arresting officers must also notify the
Human Rights Commission of Sri Lanka within 48 hours of any
such detentions. However, the Human Rights Commission, when
contacted, said they had received no information regarding
any detainees.


9. (C) Cordon and search operations by security forces are
often conducted on residences between midnight and the early
morning hours. Especially in the case of Tamil residents,
thorough searches are made of all belongings and documents in
the house. When the security forces leave the residence,
they require the house occupant to sign a form to indicate
nothing had been removed from the house.

UPCOUNTRY TAMILS SEEK REDRESS
--------------

COLOMBO 00001616 003 OF 004




10. (C) On December 3, leaders of two small parties
representing "Up-Country Tamils" in the governing coalition,
Ceylon Workers Congress (CWC) head Arumugam Thondaman and
Upcountry People's Front (UPF) chief P. Chandrasekeran, met
President Rajapaksa and the Inspector General of Police
Victor Perera. Thondaman reportedly demanded release of the
upcountry Tamils who were arrested. The President gave
Perera orders to release those against whom there were no
charges. The IGP agreed, with the exception of some who were
the subjects of intelligence reports. UPF Vice-President, V.
Radhakrishnan, who was also present, later told us that the
Tamil parties had offered no quid pro quos to the President
for his action. In particular, he said, no "deal" made with
regard to continued CWC or UPF support for the government's
budget in a critical vote due December 14.


11. (SBU) Leaders of small Tamil parties not represented in
Parliament (TULF, PLOTE and EPRLF - former militant groups
now associated with the government) sent an open letter to
the President: "We wish to lodge our strong protest against
the manner in which thousands of Tamil youths are arrested at
cordon and search operations and detained under the detention
order from the Ministry of Defense. It will not serve the
purpose for which it is intended and will prove counter
productive. It will only strengthen the claims of the LTTE
and the pro-LTTE elements all over the world that the
government is harassing the innocent Tamil people."

MANY DETAINEES RELEASED
--------------


12. (SBU) In parliament, Chief Government Whip (and Minister
for Highways and Road Development) Jeyaraj Fernandopulle,
himself a member of a Tamil-speaking sub-minority, told
opposition members that suspects taken in for questioning on
December 1 and 2 would soon be released: "The Government has
to take certain steps in the interest of national security.
We are aware that 54 per cent of the Tamil speaking people
live in the South. All these security check ups are in the
interest of all communities. The forces have taken into
custody over a thousand on suspicion. They will be freed
after their identifications are established and above
suspicion." Fernandopulle told us on the evening of December
4 that of over 2500 detained in Colombo and suburbs, 2352 had
since been released. One hundred and two had been arraigned
before magistrates and would be detained in Boossa, while one
hundred "Up-Country Tamils" were awaiting further questioning
in Colombo jails.


13. (C) Ambassador raised the issue in a face-to-face
meeting with Foreign Secretary Kohona on January 4. He
welcomed the announcement that all those not charged would be
released but noted that there were many complaints about the
seemingly random nature of the arrests and urged that all
arrests be conducted in strict compliance with the law.
Kohona reiterated that the government had been acting on the
basis of evidence that LTTE cadres were operating in Colombo.
He added, "nervousness is at an all-time high. But our plan
is not to detain hundreds of thousands." The Ambassador
urged the government to release statistics about the
detentions and releases in order to help clear the air.

ICRC BELIEVES WAVE HAS PASSED
--------------


14. (C) The International Red Cross protection officer told
Pol Chief that he believed the ICRC's resources were adequate
to monitor the spike in detainees. He also noted that the
arrests had exceeded the carrying capacity of civilian
detention facilities. At present, the Red Cross was aware of
about 350 who had been formally arrested or held on detention
orders under emergency regulations. Of those, 45 had already

COLOMBO 00001616 004 OF 004


been released. He doubted the security forces would risk
holding many illegally at military facilities, given the
attention focused on the roundups. He therefore believed
"the crest of the wave has passed." Other sources told
Embassy personnel that the searches and arrests might stop
after Sri Lankan schools begin vacation later this week.


15. (C) COMMENT: The sweeps carried out in the last few
days by the security forces do not appear to be well-informed
or organized. Ethnic profiling of Tamils seems to be
virtually the sole criterion for the searches and detentions.
However, only a tiny fraction of the country's Tamil
population has so far been searched or questioned. The
government may well find that it is left with a couple of
hundred detainees against whom there is little evidence,
while high-value targets such as trained LTTE sleeper agents
could elude the security forces' net. Embassy believes that
Sri Lanka's opposition parties, media and civil society
institutions can carry the burden of raising the justified
human rights concerns. In the current tense environment,
public statements by foreign missions would be
counterproductive. We and others will counsel the government
privately to adhere to its own laws and emergency
regulations, make sure the detentions are accountable and
that families are notified, maintain a central registry of
those detained, and release those against whom there appears
to be no grounds for suspicion as soon as possible. We will
continue to monitor the situation closely.
BLAKE