Extracts from the Ban Ki Moon panel report (Part 5)
Detention, Executions, Rape and Disappearances
EXCLUSIVE!April 21, 2011, 8:27 pm
(Continued from yesterday)
We continue today, the serialization of verbatim extracts from the main body of the Ban Ki Moon expert panel report in relation to the various allegations made against Sri Lanka. Moon’s expert panel had made five major allegations against Sri Lanka. Over the past several days we have serialized the findings of the panel report with regard to the first three allegations. Today, we publish their findings in relation to the fourth allegation – human rights violation of survivors after the conflict ended.(Pages 41-44)
F. Credible allegations relating to events outside the conflict zone and in the aftermath
138. The plight of civilians who had survived the conflict in the Vanni did not end when they entered Government-controlled areas. In spite of Government pronouncements that it was ready to receive a mass exodus of civilians from the Vanni as early as January 2009, the Government failed to prepare adequately for the time when large numbers did emerge and then had trouble coping. In general, the Government gave priority to security considerations over the humanitarian needs and well-being of the IDPs.
139. When they emerged from the conflict zone, many civilians were fearful of the reception they would receive. They were severely traumatized and exhausted as a consequence of their recent experience. Many of them were newly widowed, orphaned or disabled. Tens of thousands of IDPs had conflict-related injuries with at least 2,000 amputees among them. The situation, as large numbers exited was chaotic and many family members were separated from each other. In the process, many families were divided and placed in separate camps; provision for family tracing and reunification was inadequate, and the ICRC was not authorised to play a role in this regard.
140. Family separation left many women on their own and vulnerable to sexual violence. Pregnant or lactating women had suffered from lack of adequate nutrition, medical care, and enormous psychological strain while in the conflict zone. Forced recruitment of children also took a heavy toll on mothers.
141. The conflict took a particular toll on the young. Children as young as 14 had been the target of forced recruitment by the LTTE. Measures to avoid recruitment, including early marriages, had a detrimental impact on the health of young girls. In addition, thousands of children suffered violations such as killing and maiming due to the shelling. Some were killed because they had ventured out of the bunker to play. Children were particularly vulnerable to horrific injuries as shrapnel ripped at their small limbs. A Rapid Nutrition Assessment showed that around 25 per cent of children suffered from acute malnutrition.
142. Many children suffered from the adverse psychological impact of multiple displacements. Many had lost their parents, emerging unaccompanied and were not registered. Most children were malnourished, and many babies suffered from dehydration or diarrhea.
143. Likewise, the elderly were particularly affected by the conflict. In the multiple displacements, the elderly and others who could no longer walk, were often left behind. Some were abandoned when their relatives fled. Others had nobody to care for them in the IDP camps and died of neglect, exhaustion and preventable diseases.
1. Violations during the screening process
144. On leaving the Vanni and arriving in the Government-controlled areas at Vadduvahal Bridge and other locations, survivors of the armed conflict surrendered to the SLA. Incoming civilians were separated into different groups. First, the SLA generally strip-searched and checked them for weapons and explosives. Laptops and cameras (for the few that had them) were confiscated by security forces, leading to the loss of valuable information. People were then transferred, often by foot, to initial screening sites set up in places such as Kilinochchi Pulmoddai and Padaviya. At these sites, the SLA called those who had been associated with the LTTE, even for a day, to identify themselves and surrender, and promised vocational training and employment abroad for those who did. Instead, those identified as LTTE were taken to separate camps. A significant number of suspected LTTE were women and children.
145. In addition, the Government used former LTTE cadres from the Karuna faction or People’s Liberation Organization of Tamil Eelam (PLOTE) to identify suspected LTTE cadre who were separated and taken to other locations. The Government purposefully prevented international humanitarian agencies from accessing the initial screenings sites.
146. After this initial screening, surviving civilians were transported to a further screening site at Omanthai. Although men and women were screened separately, as part of the screening process, people were generally forced to strip naked causing humiliation and increased vulnerability, particularly among women and girls. Medecins Sans Frontiers (MSF), Office of the United Nations High Commissioner for Refugees (UNHCR) and ICRC had some access to Omanthai, but were not allowed to interview people in private. After July 2009, the ICRC was excluded altogether.
147. Civilians in need of medical attention were transferred to hospitals in Vavuniya or the clinic staffed by Indian doctors at Pulmoddai. Vavuniya Hospital was overflowing with patients, leading to early discharges, and all patients were closely guarded by the SLA and subject to interrogation by police investigators (Criminal Investigation Department, CID, or Terrorist Investigation Department, TID). Some patients disappeared from the hospitals.
148. In particular, the screening process resulted in cases of executions, disappearances, and rape and sexual violence.
149. Authenticated footage and numerous photographs indicate that certain LTTE cadres were executed after being taken into custody by the SLA. Photographs available to the Panel show many dead bodies of cadres (or possibly civilians), some with their hands tied behind their back. On 25 August 2009, the UK-based Channel 4 News released video footage, which showed the summary execution by Sri Lankan soldiers of several prisoners with their hands tied behind their backs. The prisoners in the footage are naked and blindfolded. They are kicked and forced to cower in the mud before being shot in the head at close range. The film shows several other prisoners who appear to have been killed earlier. A second film of the same scene, also released by Channel 4, on 2 December 2010. pans out over the landscape, showing the bodies of a number of other naked and executed prisoners, male and female. Among them are a young boy and a woman, the woman has been identified as a well-known LTTE- media anchor known as "Isaipriya". Notably, lsaipriya is listed on the Defence Ministry website as killed on 18 May 2009 in a "hostile operation" by the 53rd Division. The extended video shows the faces of some of the soldiers and shows persons filming the scene with cell phones.
150. Photographs that appear to be taken before the executions show what appears to be the boy, sitting in a group of prisoners, who were alive, with their hands tied behind their back. The persons in the photograph are clearly terrified. When first detained by the SLA, some suspected LTTE cadre were also tortured. Photographs show bodies with signs of torture; a video shows a young man who has been tied to a tree and is covered in blood. He later appears dead, lying in a grave covered by a Tiger flag.
151. The Government has not provided a public registration of persons at screening sites or Omanthai, neither did it allow international organisations to monitor the process. This makes it difficult to trace persons. During hearings by the Lessons Learnt and Reconciliation Commission (LLRC), a number of women gave accounts of how their husbands or relatives were taken from them when they first entered the Government-controlled area and that they have not been seen since and to date, the Government has not confirmed their whereabouts.
At least 32 submissions made to the Panel alleged disappearances in May 2009, some of them dealing with groups of persons rather than individuals. Many of these were persons who had surrendered to the SLA.
(c) Rape and sexual violence
152. Rape and sexual violence against Tamil women during the final stages of the armed conflict and, in its aftermath, are greatly under-reported. Cultural sensitivities and associated stigma often prevented victims from reporting such crimes, even to their relatives.
Nonetheless, there are many indirect accounts reported by women of sexual violence and rape by members of Government forces and their Tamil-surrogate forces, during and in the aftermath of the final phases of the armed conflict.
153. Many photos and video footage, in particular the footage provided by Channel 4, depict dead female cadre. In these, women are reportedly shown naked or with underwear withdrawn to expose breasts and genitalia. The Channel 4 images, with accompanying commentary in Sinhala by SLA soldiers, raise a strong inference that rape or sexual violence may have occurred, either prior to or after execution. One video shows SLA soldiers loading the naked bodies of dead (or nearly dead) women onto a truck in a highly disrespectful manner, in one case, stomping on the leg of a woman who appears to be moving. Rapes of suspected LTTE cadre are also reported to have occurred, when they were in the custody of the Sri Lankan police (CID and TID) or the SLA. International agencies also recorded instances of rape in the IDP camps, but the military warned IDPs not to report cases of rape to the police or to humanitarian actors.
(To be continued tomorrow)
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Last Updated May 30 2016 | 10:07 pm