SLDF has formed a special Working Group on Human Rights.

It operates internationally doing networking and alert-campaigns, always trying to strengthen ties to Human Rights organizations.

Useful Human Rights Documents

1. Human Rights Organisations Urge Visiting Tamil Tiger Delegation To End Killings & Recruitment of Child Soldiers – 6 October 2004

2. HRW: New Killings Threaten Ceasefire – 28 July 2004

3. HRW: Tamil Tigers Again Abduct Child Soldiers - 29 June 2004

4. HRW: Former Tamil Tiger Child Soldiers Remain at Risk - 27 April 2004

5. UNICEF confirms death of two child soldiers in LTTE fighting – 16 April 2004

6. Amnesty International: Put human rights first during the elections - 27 February 2004

7. Amnesty International: Open letter to Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka Monitoring Mission (SLMM) and Sri Lankan Police concerning recent politically motivated killings and abductions in Sri Lanka. - 12 August 2003

8. Rights groups say LTTE-linked killings continue with impunity – 7 August 2003

9. HRW: Rights Safeguards Key to Sri Lanka Peace: End Child Soldier Use; Dispatch Independent Monitors - 3 July 2002

PRESS RELEASE 6 October 2004 IMMEDIATE
SRI LANKA: HUMAN RIGHTS ORGANISATIONS URGE VISITING TAMIL TIGER DELEGATION TO END KILLINGS & RECRUITMENT OF CHILD SOLDIERS

At a meeting with a senior Liberation Tigers of Tamil Eelam (LTTE) delegation visiting Geneva, Amnesty International, Human Rights Watch and the International Commission of Jurists (ICJ) calledon the LTTE to end political killings and the recruitment of child soldiers and demonstrate how they will respect international humanitarian and human rights law in Sri Lanka.

The LTTE delegation, headed by S.P. Thamilselvan, leader of their political wing, is visiting several European countries to consider the Tamil Tigers next steps in the stalled Sri Lankan peace process.International human rights organisations met with the LTTE delegation on Tuesday 5 October.

“ We appealed to the senior LTTE leaders to show the world that they are both willing and capable ofrespecting the lives and rights of all Sri Lankans,” said Nicholas Howen, Secretary-General of the ICJ. “We look to them to make a clear public commitment to international humanitarian and human rights standards and practical ways of putting them into effect,” he added.

“ At a time when we should be moving back to peace talks the LTTE seems to have dramatically escalated the killing of perceived Tamil opponents and is still recruiting child soldiers,” said Loubna Freih, Geneva Director for Human Rights Watch.

Victims of killings have included activists from Tamil political parties not aligned with the LTTE,members of a rival LTTE faction in the east, and alleged Sri Lankan military informants.

“ This climate of fear, especially in the east will make it even more difficult to find a lasting peace inthe country,” warned Peter Splinter, Geneva Representative for Amnesty International.

S.P. Thamilselvan said in the meeting with human rights organisations that the LTTE deniesresponsibility for such killings but that the LTTE would consider the development of confidencebuilding measures to end killings that are threatening the peace process.

In the last two weeks reported killings have included: Valli Suntharam, a 61 year old trade unionactivist and member of the Eelam People’s Revolutionary Liberation Front (EPRLF), shot dead inJaffna on 27 September; Selvarajah Mohan, a 22 year old Eelam People’s Democratic Party (EPDP) supporter, stabbed to death after being taken from his home in Jaffna district on 24 September;Rajadurai Sivagnanam, killed in Batticaloa district on 22 September; and SomasundaramVarunakulasingham, a central committee member of the EPDP, shot dead in Colombo on 23 September.

Recruitment of child soldiers also continues. UNICEF has documented that in May, June and July 2004 alone, the LTTE recruited 259 children, while releasing 106 – and UNICEF acknowledges that they learn about only a small proportion of child recruitment.

The human rights organisations also met with members of the Northeast Secretariat on Human Rights,set up in July with the support of the LTTE. “Such human rights initiatives could be positive if theyhelp to prevent serious human rights violations and give ordinary people a way of seeking protection and remedies,” said Nicholas Howen. “We urge the LTTE to affirm publicly that they will cooperatefully with this Secretariat. The international community should assist any genuine moves towards aculture of respect for rights and the need for this new Secretariat to be independent and professional,” added Nicholas Howen.

For further information, please contact ISABELLE HEYER at International Commission of Jurists +41-22-9793800, LOUBNA FREIH at Human Rights Watch +41-79-2023285 or PETER SPLINTERat Amnesty International, +41-22-9069483.

Sri Lanka: New Killings Threaten Ceasefire

(New York, July 28, 2004)

A spate of killings between factions of the separatist Liberation Tigers of Tamil Eelam (LTTE) threatens Sri Lanka’s ceasefire, Human Rights Watch warned today. More than a dozen people have been murdered over the last month in apparently politically motivated killings attributed either to the LTTE or a faction led by the LTTE’s former eastern commander, Colonel Karuna, who broke away from the LTTE in March 2004.
“ These targeted killings sadly show that the ceasefire has not meant an end to the violence that has plagued Sri Lanka,” said James Ross, senior legal advisor for Human Rights Watch. “The LTTE and pro-Karuna forces should immediately halt these killings.

The violence between the LTTE and Karuna’s group has spiraled in recent days. On July 25, police found the bodies of eight persons, most of whom were believed to be senior aides to Karuna, in a house outside the capital Colombo. They were apparently shot and killed while asleep. Police investigating the killings said that there was no evidence of crossfire or a gunfight, and that the killings appeared to have been committed by someone within the house.

Even before the police were notified of the killings, the LTTE announced that these victims had been killed by “dissidents” within Karuna’s own faction, and stated further that the killers had sought and received refuge with the LTTE.

“ Regardless of who perpetrated the killings, the LTTE’s open protection of criminal suspects is an affront to the rule of law and the ceasefire agreement,” said Ross. “Human Rights Watch calls on the LTTE to immediately turn them over to Sri Lankan authorities.”

Human Rights Watch expressed serious concern at the recent spate of unlawful killings in and around Batticaloa, in eastern Sri Lanka. Kunjithamby Sivarasa, a local government official, was shot dead by LTTE cadres on July 9 at his home in the village of Ariyampathy. Velayutham Raveendran, a senior Eelam Peoples Democratic Party (EPDP) member, a political party opposed to the LTTE, was shot by armed gunmen on a motorbike at a bus stop in Akkaraipattu town, south of Batticaloa, on July 21. More than 100 EPDP members have been killed since the February 2002 ceasefire agreement.

The LTTE has claimed responsibility for the public executions of Balasuntaram Sritharan and Thillaiampalam Suntararajan on July 8 at Illupadichchai junction. Their dead bodies were found by the side of a road, blindfolded, with manacles around their ankles. The LTTE publicly stated that the two men had been sentenced to death as pro-Karuna “traitors” and called on all Sri Lankan Tamils to identify any other such “traitors.” Aiyathurai Nadesan, a Tamil journalist, was shot in Batticaloa on May 31. On May 24, Eastern University lecturer Kumaravel Thambaiah was shot and killed at his home in Batticaloa. The Karuna group is suspected in both killings. The apparent intention of such executions is to terrorize the local population and prevent the exercise of the basic rights of free association and expression.

Kanapathipillai Mahendran, known as “Satchi Master,” and Sarvanamuttu Shanthakumar, were killed in Batticaloa prison by a fellow inmate and LTTE cadre on July 14. The LTTE claimed that “Satchi Master” had been campaigning for Colonel Karuna and his supporters from within the prison. The killings raise serious questions over the security and management of the prison, particularly when authorities know that members of rival groups are being held within the same building. Human Rights Watch called on the Sri Lankan authorities to explain how lethal weapons were allowed inside the prison, and to ensure that known rival factions are kept securely away from each other.

In the midst of this upsurge in violence, the LTTE recently organized the NorthEast Secretariat on Human Rights (NESHOR), a body intended to promote respect for human rights.

“ Unfortunately, the renewed violence makes it essential that the LTTE’s new human rights secretariat quickly demonstrates its effectiveness in protecting the rights of people in LTTE areas,” said Ross.
from http://hrw.org/english/docs/2004/07/27/slanka9153.htm

Sri Lanka: Tamil Tigers Again Abduct Child Soldiers

(London, June 29, 2004) — The Liberation Tigers of Tamil Eelam are waging a campaign in eastern Sri Lanka to abduct former child soldiers for their forces, Human Rights Watch said today. Over the last three weeks, the armed opposition group has intensified efforts to re-recruit child combatants released by Colonel Karuna, a renegade rebel commander defeated by its forces in April.

“ The Tamil Tigers are stealing children from their homes to put them on the firing line,” said Tej Thapa, South Asia researcher for Human Rights Watch. “Despite all their promises, they are demonstrating absolute disregard for the most vulnerable part of the population it claims to represent.”

According to the U.N. Children’s Fund (UNICEF) and local human rights groups, the Liberation Tigers of Tamil Eelam (LTTE) are forcibly abducting children from their homes and threatening parents who dare resist or complain about the abductions. The armed group is believed to be focusing on abducting small groups of children rather than large groups, so as to slowly rebuild its forces without attracting too much attention. Its members have been going to villages in the Batticaloa district of eastern Sri Lanka, banging on doors, threatening parents with dire consequences in the event of non-compliance, and abducting 8 or 9 children from each village.

Typically these children are transported on motorized rickshaws to the nearby lagoon. To evade army checkpoints, they are sent on boats to the Tigers’ Vaharai camp. Local sources have heard the Tamil Tigers threaten to immediately kill parents who complain or try to get information about their abducted children.

Another method of forced recruitment is through personalized letters to the parents, ordering them to attend meetings where they are addressed by one of the LTTE area leaders in Batticaloa.

For example, at a meeting held on June 21 and 22, an LTTE area leader called Yatharthan told attending parents that they had to turn their children over to the armed group in Thihiliwatai on June 24. According to eyewitness accounts, Yatharthan said children 16 years or older must return to armed service. He reportedly scoffed at the mention of UNICEF protection.

Although some parents have organized themselves in order to resist the LTTE pressure, there is considerable fear of reprisal in small communities with little or no government presence. The Tamil Tigers’ ruthless and unforgiving tactics have terrified parents, children and human rights workers, who have no recourse to real protection from the Sri Lankan government.

The LTTE has had a history of forcibly recruiting children and placing them on the front lines during combat operations. In February 2003, the LTTE pledged to cease all child recruitment, and to investigate and punish commanders found responsible for child recruitment; this pledge was reiterated in April 2004.

“ The Tamil Tigers are blatantly violating their obligations under international law and ignoring the efforts of UNICEF to protect these children,” Thapa said. “Children are being used to fill the ranks of the Tigers, while their parents face harsh retribution if they try to prevent it.”

The Optional Protocol to the Convention on the Rights of the Child, which protects children in armed conflict, prohibits the direct use of any child under the age of 18 in armed conflict and prohibits all use of children under 18 by non-state armed groups. Sri Lanka is a party to the protocol, which came into force in February 2002.

Human Rights Watch called on international agencies present in eastern Sri Lanka to increase their monitoring presence in the field in areas where these abductions and intimidations are taking place. Such monitoring is particularly needed in the interior villages and areas under LTTE control, where reports of forced recruitments are much higher than in government-controlled areas.

The Sri Lankan government should declare an amnesty for all child soldiers who have returned home, in order to ensure that they can seek help from state protection agencies, Human Rights Watch said. Of particular concern are those combatants who were children when recruited, but who are now over 18 years of age. This group, which is highly trained and therefore highly valued by the LTTE, falls beyond the protection mandate of UNICEF. An amnesty would enable this vulnerable population to seek government protection and move freely in the country, away from areas of LTTE control.

An amnesty should be accompanied by an immediate issuance of National Identity Cards to all returned former combatants, Human Rights Watch said. LTTE intelligence officers have threatened village government functionaries against issuing identity cards to “deserters” released by Colonel Karuna. Undocumented former soldiers face daunting challenges in protection and reintegration.

http://hrw.org/english/docs/2004/06/28/slanka8976.htm

Sri Lanka: Former Tamil Tiger Child Soldiers Remain at Risk

(New York, April 27, 2004) – The Liberation Tigers of Tamil Eelam (LTTE), an armed opposition group in Sri Lanka, must halt all efforts to recruit recently released child soldiers, Human Rights Watch said today. International agencies in eastern Sri Lanka should actively monitor the situation to help ensure the safety of hundreds of threatened children.

LTTE forces on April 9 defeated a breakaway group under their former eastern commander, known as Karuna. According to the United Nations Children’s Fund (UNICEF), at least two child soldiers, both girls, died in the fighting; unconfirmed reports indicate many more child combatants were killed during the battle or after having surrendered. Both the LTTE army and Karuna’s forces of some 6000 fighters included many child soldiers. An unknown number of the latter surrendered to the main LTTE force. After the families of the children demanded their return, according to UNICEF, 209 were released to their families; a reported 800 others from Karuna’s disbanded force returned home on their own. Thousands more child soldiers are believed to remain with LTTE forces in the north of the country.

“ The release of hundreds of LTTE child soldiers to their families is good news,” said Brad Adams, executive director of Human Rights Watch’s Asia Division. “The issue now is whether the Tigers will permit these children to stay home or force their return to the front lines.”

In the eastern towns of Batticaloa and Ampara, the LTTE reportedly sent around vans with megaphones instructing Karuna’s former fighters, including the released child combatants, to report for re-registration. Families in the area feared that the LTTE were going to take away their children. Many families were reportedly seeking shelter for their children from international and local human rights and aid agencies, and even journalists.

Human Rights Watch called on international agencies present in eastern Sri Lanka, including UNICEF and the Norwegian-led Sri Lanka Monitoring Mission, which monitors the ceasefire between the LTTE and the government, to pursue active measures to deter the LTTE from recruiting the former child soldiers. It is especially important that international field monitors be present in areas with high risk of LTTE re-recruitment. Human Rights Watch also urged UN agencies and their partners to devote more resources to reintegration and follow-up activities to reduce risks of re-recruitment of child soldiers.

“ Children need to be kept away from the ranks of fighters, and the Tamil Tigers especially,” Adams said. “International agencies must have a presence in the villages where these children live if there is any hope of preventing the LTTE from returning these children to its forces.”

Human Rights Watch also called on the Sri Lankan government to take immediate action toward protecting these released children and working towards their rehabilitation and re-integration into society. The government should also declare amnesty for all child soldiers who have returned home, in order to ensure the children feel they can seek help from state protection agencies.

A two-decade long civil war in Sri Lanka cost more than 60,000 lives and resulted in numerous atrocities by both the LTTE and government forces. A ceasefire between the LTTE and the government has been in effect since February 2002. Under the ceasefire, the LTTE has virtual autonomy in most of the north and east of the country. Although there has been little fighting during this time, the LTTE has continued to recruit children under 18 years into their forces. The LTTE assault on Karuna’s breakaway army was the first major fighting since the ceasefire began.

The LTTE has had a history of forcibly recruiting children and placing them on the front lines during combat operations, a history which they denied until recently. In February 2003, the LTTE released a press statement in which they pledged to cease all child recruitment, and to investigate and punish commanders found responsible for child recruitment. However, UNICEF and human rights workers received confirmed reports of forcible recruitment of children. The Optional Protocol to the Convention on the Rights of the Child on children in armed conflict, which came into force in February 2002, prohibits the direct use of any child under the age of 18 in armed conflict and prohibits all use of children under 18 by non-state armed groups.

“ The burden is on the LTTE to honor its commitment and safely return all children in its ranks to their families, free from the fear of recruitment,” Adams said.

http://hrw.org/english/docs/2004/04/26/slanka8495.htm

UNICEF confirms death of two child soldiers in LTTE fighting
UNICEF calls on the LTTE to ensure released child soldiers are not re-recruited

COLOMBO, 16 April 2004 – UNICEF has confirmed the tragic deaths of two child soldiers in the LTTE fighting that took place in Sri Lanka’s east last week. The children were 17 and 18 year old girls. The 18 year old had been in the Liberation Tigers of Tamil Eelam (LTTE) since August 2001 when she was just 16. Both girls were in Kanuna’s cadre at the time of their death, but while any child soldiers remain in the LTTE they are also at risk.

The families of the two girls are grieving the senseless loss of their young daughters. In the wake of this tragedy, UNICEF calls on the LTTE to free the remaining child soldiers in the organization, including those in the north, and to make a commitment to not re-recruit any of the children released in the past week.

“ I would like to send our condolences to the families of the children killed in the recent fighting,” said Ted Chaiban, UNICEF’s Representative in Sri Lanka. “Children should never be recruited or accepted voluntarily into military organizations. Even now in a time of relative peace in Sri Lanka, children have been sent to the front lines and have died there.”

“ This can not be tolerated,” he added. “All people must take a stand on this issue and protect children from this type of terrible tragedy.”
On Tuesday 13 April, the LTTE formally released 209 children and UNICEF assisted in reunifying them with their families. However, many more children returned home of their own accord. So far, UNICEF has confirmed that 259 children have returned home to their families. But, this number could continue to climb as UNICEF and its partners trace the children over the coming weeks.

UNICEF is working to register all of the children that have left the LTTE in the past week. This includes handing out leaflets and airing radio announcements to get families to alert UNICEF that their children have come home. UNICEF and its partners will then work to monitor all of the children to ensure that they are kept safe and that any re-recruitment or harassment is reported immediately and rectified.

UNICEF says the LTTE must commit itself to not re-recruiting any of the children that have left the organization in the wake of last weeks fighting, and that they continue the process of releasing the children in their ranks.

“ The events of the past week and the deaths of these children underline exactly why there must be an end to child recruitment in Sri Lanka,” said Mr. Chaiban. “The LTTE can not allow any re-recruitment of children by its regional cadres, and the large scale release of child soldiers must also happen in the north so we never have a tragedy like this again.”

* * *
For further information, please contact:
Geoffrey Keele, UNICEF Sri Lanka +94-777-416-742
Martin Dawes, UNICEF Regional Office +977-1-441-7082
Damien Personnaz, UNICEF Geneva +41 22 909 5716
Gordon Weiss, UNICEF New York HQ +1-212-326-7426
http://www.unicef.org/media/media_20424.html

AMNESTY INTERNATIONAL
PRESS RELEASE

AI Index: ASA 37/001/2004 (Public)
News Service No: 046
27 February 2004

Sri Lanka: Put human rights first during the elections

In the run up to parliamentary elections called for 2 April, Amnesty International is urging political parties and the Liberation Tigers of Tamil Eelam (LTTE) to instruct their members not to assassinate political opponents or their supporters, or carry out other violent attacks on party activists and election monitors during the election period.

" We are also appealing to all parties contesting the elections to put human rights at the heart of their agenda," said Amnesty International. "Their manifestos must make clear their specific commitment to undertaking constitutional and legal reforms that will ensure protection and promotion of human rights, ending impunity and ratifying international human rights and humanitarian standards."

" The potential for serious and widespread human rights abuses during the campaigning period is now a major concern," said Amnesty International.

There are already reports of over 100 election related incidents of violence, including 40 party activists who have been injured in clashes in southern and north-central regions, after the close of nominations three days ago. Four people were also allegedly abducted by the LTTE in the east since the elections were announced.

During the last election called in December 2001, 47 murders of political party members by their opponents and attacks on election monitors were reported.

" We are particularly concerned that candidates and supporters of Tamil political parties not allied to the Tamil National Alliance (TNA) - which the LTTE is backing in the elections -- may become targets for assassination," said the organization. These include candidates of the Tamil United Liberation Front (TULF) standing as independents, the Eelam People's Democratic Party (EPDP), the Eelam People's Revolutionary Liberation Front (EPRLF) (V), and the Democratic People's Liberation Front (DPLF).

The LTTE are suspected to be behind the assassination and attempted assassination of over 50 members of Tamil political groups and several Muslim civilians since the cease-fire came into force in February 2002.

" We welcome the assurance given by the LTTE military leader, Colonel Karuna, at a meeting with Major General (retd) Trond Furuhovde, head of the Sri Lanka Monitoring Mission (SLMM), on 11 February in Batticaloa, that the LTTE would continue to respect the cease-fire and would not resort to violence or interfere in elections in the east," said Amnesty International.

" In view of the vacuum in the provision of law and order in the northeast until agreed interim administration arrangements are established, we are appealing to the government and the LTTE to ensure the right to freedom of movement and right to freedom of assembly and association in areas under their control during the election period."

Amnesty International also called on the government to investigate and punish anyone involved in attacks on political party members contesting the elections and election observers, especially among their own supporters.

Background

Norwegian-led peace negotiations between the government and representatives of the LTTE stalled in April 2003. On 4 November 2003, President Chandrika Kumaratunga Bandaranaike suspended parliament for two weeks and took over control of the Ministries of Defence, Interior and Mass Communications. Prime Minister Ranil Wickremesinghe declared that without control of the defence forces he could no longer be responsible for continuing the peace process.

On 20 January 2004 President Kumaratunga signed an agreement of cooperation between the main constituent of the People's Alliance (PA), the Sri Lanka Freedom Party (SLFP) and the Janata Vimukthi Peramuna (JVP; People's Liberation Front) to form the United People's Freedom Alliance (UPFA). Four more parties have since joined the UPFA including the Muslim National Unity Alliance (NUA), the Mahajana Eksath Peramuna (MEP; People's United Front), the Communist Party of Sri Lanka (CPLS) and the Lanka Sama Samaja Party (LSSP; Lanka Equal Society Party).

The JVP is opposed to the devolution of power to the LTTE and strongly supports a unitary state. It is said to be opposed to the terms of the cease-fire agreement and third party facilitation in the peace process.

On 7 February the President dissolved parliament and called parliamentary elections, four years ahead of schedule. This was followed on 11 February, by the dismissal by the President of all 27 non-cabinet ministers and 12 deputy ministers, from the government. Two new ministers of Information and Mass Communication have since been appointed.

Concerns have been expressed about the failure to establish an independent Election Commission, provided for by the Seventeenth Amendment to the Constitution which came into force on 3 October 2001, to oversee the electoral process. The Commissioner of Elections recently announced that polling booths in areas held by the LTTE would not be allowed and that polling stations would be clustered in places controlled by the Sri Lanka armed forces. Observers have recommended that national and international election monitors are on the ground throughout the month leading up to the election and that freedom of movement for voters going to polling stations should be ensured around election day.

Public Document
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For more information please call Amnesty International's press office in London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW. web: http://www.amnesty.org
For latest human rights news view http://news.amnesty.org

AI Index: ASA 37/004/2003
Ref.: TG ASA 37/2003.10
TNG ASA 37/LTTE.03/03
12 August 2003

Open letter to Liberation Tigers of Tamil Eelam (LTTE), Sri Lanka Monitoring Mission (SLMM) and Sri Lankan Police concerning recent politically motivated killings and abductions in Sri Lanka.

Amnesty International is writing to all the above parties to express its grave concern over the killing and abduction of tens of Sri Lankan citizens by the LTTE since the signing of the cease-fire agreement in February 2002. The organization has received information documenting at least 22 killings and 16 attempted killings, abductions and other human rights abuses against members of Tamil political parties, their families and supporters. The fate of some of those who have been abducted is still unknown. Amnesty International is concerned that these human rights abuses are part of a systematic campaign by the LTTE against other Tamil political groups opposing them.

On 23 February 2002 the Government of Sri Lanka and the LTTE signed a cease-fire agreement (hereinafter referred to as the Agreement) which offered fresh hope that there would be an improvement in the human rights situation in the country. Despite a continuing lack of commitment to address impunity in regard to past human rights abuses, and widespread reports of recruitment of children by the LTTE, Amnesty International was encouraged by the initial improvements to the human rights situation after the Agreement came into force. This was further demonstrated by an agreement in February 2003 to engage Ian Martin, former Secretary General of Amnesty International, as an independent human rights expert to the peace process.

Both parties agreed to set up an international monitoring mission, called the Sri Lankan Monitoring Mission (SLMM), to verify the implementation of the Agreement through on-site monitoring. The SLMM consists of representatives of Nordic countries and reports to the Royal Norwegian Government. Six district level monitoring committees were established, each consisting of five members; two appointed by the Government of Sri Lanka; two appointed by the LTTE and one international monitor. These committees serve the SLMM in an advisory capacity in relation to implementation of the Agreement in the districts they represent.

Commitments made by both parties during the sixth session of peace talks in Hakone, Japan from 18 to 21 March 2003, appeared to demonstrate a serious intent to address continuing human rights abuses covered by the Agreement. These commitments included giving priority to improving the security situation, to enforce better compliance with the Agreement by their personnel, and asking Ian Martin to develop a Declaration of Human Rights and Humanitarian Principles (Human Rights Principles) to be adopted at the next session of talks. Amnesty International calls on both parties to work towards the adoption and implementation of these principles as soon as they are ready. The organization believes this would address the urgent need to defend the human rights of civilians in Sri Lanka.

Any improvements in the human rights situation since the beginning of the ceasefire are now at risk of being undermined by the political killings occurring in the country. The use of political assassinations, abductions and other human rights abuses threatens to seriously undermine the moves made towards establishing a representative system of governance grounded in human rights principles. They are also a source of continuing insecurity and fear for a population that has already suffered years of extremely grave abuses to their human rights.

Amnesty International believes that to date there has been a lack of credible and timely investigations into these killings, and adequate measures to guarantee the safety of those who are most at risk have not been implemented. Amnesty International calls on the LTTE, SLMM and the police to act in accordance with their individual responsibilities in order to stop these human rights abuses, and hold to account those responsible for these abuses.

Since the signing of the Agreement there have been tens of killings, abductions and other human rights abuses against civilians in Sri Lanka. The majority of the victims have been members or ex-members of the Eelam People’s Democratic Party (EPDP) and the Eelam People’s Revolutionary Liberation Front - Varathar (EPRLF-V). Attacks have also occurred against members of the People’s Liberation Organization of Tamil Eelam (PLOTE), and the Tamil Eelam Liberation Organization (TELO). There is substantial evidence that members of the LTTE are responsible for the majority of these attacks. The LTTE however have so far denied responsibility.

Amnesty International has documented 22 killings, 16 abductions and other human rights abuses, details of which have been submitted to the leadership of the LTTE. Below are three illustrative cases. Amnesty International believes they each demonstrate failures by the LTTE, the SLMM and the Sri Lankan police to safe guard the fundamental rights of citizens in Sri Lanka.

Poobalapillai Alahathurai [m]

Poobalapillai Alahathurai was a 35 year old member of EPRLF(V) and chairman of Porativu Local Council, Theevukkadu, Mandur, Batticaloa district. He was abducted from his house on 16 December 2002. Alahathurai was found dead on 18 December 2002. His body had marks indicating that he may have been subjected to torture. Poobalapillai Vijayarajah, brother of Alahathurai, reported the abduction and killing to the police. Vijayarajah had previously been attacked at his house by individuals he claims were members of the LTTE on 13 November 2002. He was so badly beaten he was hospitalized. After he had complained to the police members of the LTTE tried to take him from the hospital but were prevented from doing so by staff. Vijayarajah was transferred to another hospital for his own safety and has since gone into hiding. He has received threats from the LTTE to withdraw his complaints to the police.

The police reportedly issued arrest warrants against two individual for the murder of Alahathurai. However, to date both men remain at large. Reports suggest that one is seen regularly in government controlled territory, whilst the other is in LTTE controlled territory. Alahathurai’s mother and siblings claim to have been visited and threatened by one of the suspects.

Vijayarajah gave testimony to the police identifying those who attacked him. His mother and sister have also given testimony. Vijayarajah has stated his willingness to be a witness. He has not sought police protection since his abduction due to fear of reprisals. The incidents have also been reported to the SLMM.

To the knowledge of Amnesty International, no one has been arrested for the killing of Alahathurai or the assault and abduction of Vijayarajah.

Pooniah Ramachandran [m]

Pooniah Ramachandran was a 42 year old member of EPDP. He was shot dead on 15 June 2003 in Batticaloa while returning home from work along the Thiruchchenthur Road. He was shot by two men traveling on bicycles. Pooniah Ramachandran’s son witnessed the killing of his father and has stated his willingness to give evidence. The killing was reported to the police and the SLMM.

To the knowledge of Amnesty International, no one has been arrested for this killing.

Sivapunniam Rathirani Varatharajah [f]

Sivapunniam Rathirani Varatharajah, is the 37 year old wife of Murugesu Varatharajah, the vice-chairman of the Porativu local council, and member of EPRLF(V). Due to violence against other members of the EPRLF(V) Murugesu Varatharajah went to live at the party office in Chenkalady for protection. Sivapunniam Rathirani and her two children continued to live in Kallady. On 15 July 2003 she went to the EPRLF(V) office in Chenkalady by bus. On her return journey she was reportedly abducted by the LTTE and taken to their office in Chenkalady. She was transferred to another location during the night and interrogated and beaten. She was told that her husband must leave the EPRLF(V) and that she must work for the LTTE. Her captors told her that if she failed to abide by this and other demands they would come to her house and kill her. On 18 July 2003 she was returned to Chenkalady. She is currently in hiding.

The abduction of Sivapunniam Rathirani Varatharajah has been reported to the SLMM and the police. To the knowledge of Amnesty International, no one has been arrested for this abduction.

In the Agreement signed by the Government of Sri Lanka and the LTTE, both parties recognized the need to end hostilities and to improve “the living conditions of all inhabitants affected by the conflict.” It was also stated that provisions within the Agreement “regarding the security of civilians” applied to “all inhabitants” of Sri Lanka. In particular, commitments made in Article 2.1 of the Agreement specifically require the Government of Sri Lanka and the LTTE to “in accordance to international law abstain from hostile acts against the civilian population, including such acts as torture, intimidation, abduction, extortion and harassment.” Given the available evidence the current killings and abductions are a clear violation of Article 2.1 and should be investigated by the SLMM within the terms of the Agreement. In addition, criminal investigations should be promptly and robustly conducted by the police.

Amnesty International recognizes the difficulties the SLMM and police face in investigating these cases, particularly in regard to securing the testimony of witnesses. Although acknowledging these difficulties, Amnesty International is aware of several cases (including the cases detailed above) where witnesses who claim to be able to identify those responsible for the crimes in question have been willing to give evidence. In these cases both the police and SLMM should, if they have not already done so, initiate investigations. The police should take strenuous measures to apprehend those responsible.

Securing the cooperation of witnesses can only be achieved in the majority of cases by creating a secure environment free from the fear of reprisals. To the knowledge of Amnesty International, the SLMM inquiry procedures do not provide for a witness protection program. In part 11 of the SLMM inquiry procedures (“Interview Techniques”) it specifically states that interviews must not be conducted in private. Amnesty International is concerned by this stipulation and is urging for it to be reconsidered. The SLMM and police need to ensure at the earliest opportunity the systematic protection of witnesses involved in their investigations in order to guarantee their safety and facilitate the collection of evidence.

In addition, police should provide protection to those who request it. Although the police are giving protection at the party offices to members of some political parties who have been targeted, this protection does not extend to their day-to-day political work or visits to members of their family. Such a situation severely restricts their right to freedom of expression, association and freedom of movement. Amnesty International urges the police to make available credible protection to those thought to be most at risk, including the family members of such individuals. If necessary this protection should extend to their peaceful work as political activists.

The SLMM has stated that if the LTTE are responsible for the killings then they represent a violation of the Agreement. Amnesty International welcomes statements by the SLMM condemning these killings, and the investigations that they have reportedly initiated into some cases.

However, to date Amnesty International is unaware of the publication of any findings from such investigations, and calls on the SLMM to make such findings public at the earliest opportunity. Amnesty International is also concerned that investigation into some incidents may not be being initiated by the SLMM due to, what it claims, is a lack of evidence available at the initial stages of enquiries. Amnesty International urges the SLMM to react promptly and robustly, by conducting investigations into any incident involving the killing, abduction, torture or attack against any civilian by either of the parties to the Agreement. The SLMM should ensure it has enough resources and expertise to conduct such investigations thoroughly and promptly.

To Amnesty International’s knowledge, police investigations have so far failed to produce any convictions in relation to these killings. Although Amnesty International recognizes that the police face difficulties due to the political situation, both at present and historically, in Sri Lanka, it is still their responsibility to maintain law and order. As such we urge the police to conduct thorough and prompt investigations into these incidents, including by dedicating an appropriate level of resources and expertise, in order to ensure that the perpetrators of these crimes are apprehended and brought to justice without delay.

The LTTE has denied any involvement in these killings and abduction, stating that they are perpetrated by elements who wish to derail the peace process, or that the LTTE could not be responsible for incidents that occurred in government controlled areas. Reports of meetings between the SLMM and the LTTE indicate that the LTTE leadership has been unable or unwilling to thoroughly investigate these reports, giving vague commitments to investigate breaches of the Agreement. Amnesty International calls on the LTTE to abide by international humanitarian law, in particular Common Article 3 of the Geneva Conventions which gives protection to individuals not taking part in hostilities in armed conflicts. The LTTE should immediately stop the killing and abduction of all civilians, and give instructions to its members to abide fully with the human rights provisions in the Agreement. The LTTE must also cooperate fully with any investigations conducted by the SLMM.
Yours sincerely,