2328ders. The army commander is monitoring the matter and has ordered a separateinquiry into the incident (see Sections 1.b. and 1.c.).In some cases, extrajudicial killings were reprisals against civilians for LTTE attacksin which members of the security forces or civilians were killed or injured. Inmost cases, the security forces claimed that the victims were members of the LTTE,but human rights monitors believe otherwise. In Thampalakamam, nearTrincomalee, in February 1998, police and home guards allegedly massacred eightTamil civilians, including three children, possibly in reprisal for the LTTE bombingof the Temple of the Tooth a week earlier. The Government arrested 31 police officersand 10 home guards, and charged 4 with murder and 17 with unlawful assembly.The other 20 were released after the Attorney General determined that therewas insufficient evidence against them. The case remained active during the year.Impunity remains a serious problem. Since April 1995 at least several hundredpersons have been killed extrajudicially by the security forces or have disappearedafter being taken into security force custody; they are presumed dead. With the exceptionof the 6 security force personnel convicted in the 1996 killing of KrishanthiKumaraswamy and the 4 convictions for abduction involving 88 security force personnel,no member of the security forces has been convicted for any of these crimes.In the vast majority of cases where military personnel may have committed humanrights violations, the Government has not identified those responsible and broughtthem to justice. In August 1998, the Government reimposed a state of emergencynationwide. There was no evidence that the Government was using the ER, as inprevious years, to conceal extrajudicial killings or disappearances. Nevertheless,crucial safeguards built into the ER and the legislation establishing the HRC oftenwere ignored by the security forces—especially those provisions requiring receiptsto be issued for arrests and ordering the security forces to notify the HRC of anyarrest within 48 hours. Although security force personnel can be fined or jailed forfailure to comply with the ER, none were known to have been punished for this duringthe year.In 1998 the court sentenced 6 persons to death and acquitted 2 others in the caseof 16 police and army personnel prosecuted for the rape and murder of Tamil schoolgirlKrishanthi Kumaraswamy, the murder of 2 members of her family, and therape and murder of another individual. At his sentencing, 1 of the convicted, formerLance Corporal Somaratne Rajapakse, claimed knowledge of mass graves atChemmani in Jaffna containing the bodies of up to 400 persons killed by securityforces in 1996. Five others convicted in the Kumaraswamy killings later alsoclaimed knowledge of mass graves in the Chemmani area where they allegedly hadburied between 120 and 140 bodies on the orders of their superiors. In 1998 theMinistry of Defense (MOD) stated that the police Criminal Investigation Departmenthad been directed to examine the allegation, and forensic experts and detectiveswere to visit the site. Exhumations in 1999 in the presence of internationalobservers and forensic experts yielded 15 skeletons. Two of the victims provisionallywere identified as young men who had disappeared in 1996. In December 1999, theGovernment submitted its forensic report to a magistrate in Jaffna; the report statedthat 10 of the remains, including a skeleton that was bound and blindfolded,showed signs of physical assault which led to their deaths. The cause of death wasnot determined for the remaining bodies; however, the report stated that physicalassault leading to death could not be ruled out. By year’s end, 13 of the bodies hadnot been identified. Family members provisionally identified the bodies. Rajapakseand others named a total of 20 security personnel, including former policemen, asresponsible for the killings. On March 14, authorities arrested five suspects andissued an arrest order for another who fled. In June one suspect not charged withmurder was released on bail. The case was pending at year’s end, but fighting nearJaffna displaced key witnesses and delayed proceedings.Although in June the courts ordered five soldiers arrested for the July 1999 gangrape and murder of Ida Carmelita, a young Tamil girl (two additional suspects werealready in remand), the case remained pending at year’s end. During the year, investigationsconducted into the case found that the weapons used in the killing belongedto army personnel. Various witnesses testified at hearings held during theyear. The case is to continue in 2001.The 1997 death of Reverend Arulpalan was not investigated during the year.In December 1997, three Tamil prisoners were hacked to death in prison by Sinhaleseprisoners at Kalutara prison. Prison staff and army personnel at the prisonallegedly failed to take measures to protect the detainees even as the attack occurred.At year’s end, no charges had been filed in connection with the case. On January6 and 7, 2 Tamil detainees in Kalutara prison died and more than 40 sufferedinjuries in clashes with other prisoners and prison guards. Authorities subsequentlyVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00172 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
2329moved many detainees to another facility, but by year’s end, they had taken no actionagainst those responsible for the killings.The case against 8 soldiers and 1 reserve police constable arrested in February1996 in the massacre of 24 Tamil villagers in Kumarapuram came to trial in September1997. In November 1998, six of the soldiers were charged with murder, andthe case was scheduled for trial during that year; however, the case had not goneto trial by year’s end. The other two accused security force agents were released dueto lack of evidence.The case of the 22 STF members arrested on suspicion of murdering 23 Tamilyouths at Bolgoda Lake in 1995 went to trial in June. Since key witnesses did notappear, the prosecution asked for the case to be rescheduled to October, when anotherhearing was held. The next hearing was scheduled for March 8, 2001.The PA Government came to power in 1994 and promised to bring to justice theperpetrators of extrajudicial killings from previous years. In 1994 it began prosecutionsin several extrajudicial killings allegedly committed by members of the securityforces. The trial of 21 soldiers accused of massacring 35 Tamil civilians in 1992in the village of Mailanthani in Batticaloa district was transferred to the ColomboHigh Court in 1996. The court held hearings in June and October, but the case waspostponed until January 2001. Many witnesses for the case live in refugee camps,and they cannot come to court to give evidence; observers believe that the case likelywill be protracted.Former insurgent Tamil militant groups armed by and aligned with the Governmentcommitted extrajudicial killings in the eastern province and in the Vavuniyaarea in the north. The military wing of PLOTE and the Razeek group were responsiblefor killing a number of persons. The security forces arm and use these militiasand a number of other Tamil militant organizations to provide information, to helpidentify LTTE insurgents, and, in some cases, to fight in military operations againstthe insurgents. The exact size of these militias is impossible to ascertain, but theyprobably total fewer than 2,000 persons. Although the army in some instances tooksteps to convert Tamil militia groups into regular army units, military oversight ofthese groups remained inadequate, and complaints about them continued, especiallyin Vavuniya and Batticaloa. These groups frequently operated beyond governmentcontrol. Complaints about their activities continued, especially in transit camps forinternally displaced persons (IDP’s) in Vavuniya. The militias gain access to thesecamps through a variety of means, including bribery and threats. It was impossibleto determine the number of victims because of the secrecy with which these groupsoperated. Persons killed by these militants probably included both LTTE operativesand civilians who failed to comply with extortion demands. Unknown assailantskilled Jaffna media correspondent Mayilvaganam Nimalarajan in the early morningof October 20. Nimalarajan’s outspoken criticism of paramilitary groups in Jaffnaled many to believe that one of these groups killed him. In February two membersof the Razeek group were killed in separate incidents; in March a member ofPLOTE was killed in Batticaloa; in April two TELO members were killed. Thesedeaths likely resulted from rivalry among the groups. In May 1999, the Governmentforbade these groups from carrying arms and from stockpiling weapons, but theseprohibitions have generally not been effective.Violence marred the period prior to parliamentary elections in October. By September29, at least seven persons had died in election-related violence, and localmonitoring organizations reported over 500 violent acts.On January 5, assailants shot and killed pro-LTTE Tamil politician KumarPonnambalam. Police detained four persons, two of whom alleged that a local businessmanhad hired them to commit the murder. The investigation continued atyear’s end.During the year, the Government ordered payment of compensation to victims ofa 1999 air force bombing that killed 22 civilians at Puthukkudiyiruppu.The LTTE committed many extrajudicial killings, including many bombings (seeSections 1.c. and 1.g.). On January 23, the LTTE killed 14 civilians in Kokkadicholaifor alleged links to the security forces. On March 1, the LTTE killed a Jaffna municipalcouncil member from the Eelam People’s Democratic party (EPDP). On March10, in an attack meant for government ministers scheduled to travel along a certainroute near Parliament, the LTTE killed 30 civilians and injured 60 more with claymoremines, rocket propelled grenades, and automatic weapons during rush hour ina Colombo suburb. Other civilians died or suffered injuries in a fight between securityforces and the LTTE that evening. On March 11, LTTE cadres who survivedthe first battle committed suicide or died at the hands of the security forces. InBatticola on November 7, two suspected gunmen killed newly-elected Tamil UnitedLiberation Front (TULF) Member of Parliament Nimalan Saundranayagam andwounded his security guard.VerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00173 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1
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2163All factions probably hold poli
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2165and unexploded ordnance. Nevert
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2175paper and firewood, shining sho
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2183ment of the split verdict in th
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2191about 125 refugees and asylum s
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2195Indigenous People.—Tribal peo
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2215Accountability remains a seriou
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2263illustration of the consequence
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- Page 139 and 140: 2295Farooq Sattar was arrested by o
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- Page 149 and 150: 2305which stipulated a sentence of
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- Page 179 and 180: 2335persons tried on criminal charg
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- Page 187 and 188: 2343September 29, the Center for Mo
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