Confronting the Complexity of Loss
truth memory justice_final- 11st sep 2015
truth memory justice_final- 11st sep 2015
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twenty civilians <strong>of</strong>f a bus and executed <strong>the</strong>m in retaliation to <strong>the</strong> LTTE’s ambush. This<br />
trend <strong>of</strong> military attacks on civilians in retaliation to LTTE attacks continued for more<br />
than a decade. One <strong>of</strong> <strong>the</strong> early massacres took place in Trincomalee, where a series <strong>of</strong><br />
attacks from May to September 1985 allegedly perpetrated by military personnel and<br />
home guards claimed <strong>the</strong> lives <strong>of</strong> over a hundred Tamil civilians. 50 On 12 June 1991, a<br />
bomb in Kokkadicholai, Batticaloa resulted in <strong>the</strong> deaths <strong>of</strong> two soldiers and <strong>the</strong> serious<br />
injury <strong>of</strong> a third soldier. Shortly after <strong>the</strong> incident, Army personnel allegedly killed sixtyseven<br />
civilian inhabitants <strong>of</strong> <strong>the</strong> villages <strong>of</strong> Makiladitivu, Muthalaikuda and Munaikaidu<br />
in retaliation. 51 A Presidential Commission <strong>of</strong> Inquiry—<strong>the</strong> Kokkadicholai<br />
Commission—was subsequently appointed to investigate <strong>the</strong> incident, but only<br />
recommended <strong>the</strong> dismissal <strong>of</strong> <strong>the</strong> commanding <strong>of</strong>ficer for failing to control his<br />
subordinates. Moreover, on 9 August 1992, Army personnel attached to <strong>the</strong> Poonani<br />
Army Camp in Batticaloa allegedly killed 35 Tamil civilians in Mylanthanai. The killings<br />
were said to be in retaliation to <strong>the</strong> assassination <strong>of</strong> senior army <strong>of</strong>ficer Denzil<br />
Kobbekaduwa. 52 All <strong>of</strong> <strong>the</strong> accused were eventually acquitted.<br />
During this time, <strong>the</strong> Indian Peace Keeping Forces deployed after <strong>the</strong> 1987 Indo-Lanka<br />
Accord were also accused <strong>of</strong> similar retaliatory attacks against civilians. Two such<br />
attacks took place in October 1987 at <strong>the</strong> Jaffna Teaching Hospital and in August 1989 in<br />
Valvettiturai, Jaffna. Each incident allegedly resulted in <strong>the</strong> deaths <strong>of</strong> over 50 civilians. 53<br />
Two o<strong>the</strong>r incidents involving <strong>the</strong> Sri Lankan security forces warrant mention, although<br />
<strong>the</strong> retaliatory nature <strong>of</strong> <strong>the</strong> attacks is less evident. The first was <strong>the</strong> killing <strong>of</strong> five Tamil<br />
students in Trincomalee on 2 January 2006. The Special Task Force <strong>of</strong> <strong>the</strong> Police and<br />
o<strong>the</strong>r military personnel based in Trincomalee were accused <strong>of</strong> carrying out <strong>the</strong> attacks,<br />
obstructing investigations into <strong>the</strong> incident, and threatening witnesses in <strong>the</strong> magisterial<br />
inquiry. The o<strong>the</strong>r case involved <strong>the</strong> killing <strong>of</strong> seventeen Sri Lankan employees <strong>of</strong> a<br />
French humanitarian organisation, Action Internationale Contre la Faim in August 2006<br />
in Muttur. Both cases were referred to in <strong>the</strong> 2006 Presidential Commission <strong>of</strong> Inquiry<br />
into alleged serious human rights violations 54 (known as <strong>the</strong> Udalagama Commission).<br />
However, <strong>the</strong> final report <strong>of</strong> <strong>the</strong> Commission was never published.<br />
50 University Teachers for Human Rights (Jaffna), ‘Can <strong>the</strong> East be won through Human Culling? – An<br />
Ideological Journey Back to 1983’, Special Report No. 26 (August 2007).<br />
51 International Commission <strong>of</strong> Jurists, Authority without Accountability: The Crisis <strong>of</strong> Impunity in Sri<br />
Lanka (2012), at 135.<br />
52 Ibid. at 153.<br />
53 See Rajan Hoole, & Ranjani Thiranagama, The Broken Palmyra, <strong>the</strong> Tamil Crisis in Sri Lanka, An Inside<br />
Account, The Sri Lanka Studies Institute (1992).<br />
54 The cases that fell within <strong>the</strong> mandate <strong>of</strong> <strong>the</strong> Commission were: The assassination <strong>of</strong> former Foreign<br />
Minister Lakshman Kadiragamar; <strong>the</strong> assassination <strong>of</strong> Member <strong>of</strong> Parliament Mr. Joseph Pararajasingham;<br />
<strong>the</strong> killing <strong>of</strong> five youths in Trincomalee on 2 January 2006; <strong>the</strong> killing <strong>of</strong> seventeen workers <strong>of</strong> Action<br />
Contre La Faim in early August 2006; <strong>the</strong> assassination <strong>of</strong> Deputy Director General <strong>of</strong> <strong>the</strong> Peace<br />
Secretariat Mr. Ke<strong>the</strong>esh Loganathan on 12 August 2006; <strong>the</strong> killing <strong>of</strong> 13 persons in Kayts on 13 May<br />
2006; <strong>the</strong> disappearance <strong>of</strong> Rev. Nihal Jim Brown on 28 August 2006; <strong>the</strong> Death <strong>of</strong> 51 persons in Sencholai<br />
in August 2006; <strong>the</strong> killing <strong>of</strong> 68 persons in Kebithigollewa; <strong>the</strong> killing <strong>of</strong> 98 security forces personnel in<br />
Digampathana on 16 October 2006; and <strong>the</strong> assassination <strong>of</strong> Nadaraja Raviraj MP on 10 November 2006.<br />
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