US embassy cable - 99COLOMBO2899

UNCLAS SECTION 01 OF 02 COLOMBO 002899 
 
S/CT FOR REAP 
 
E.O. 12958: N/A 
TAGS: PTER, CE 
SUBJECT: 1999 ANNUAL TERRORISM REPORT 
 
REF: STATE 204472 
 
1.   THE FOLLOWING IS POST'S RESPONSE TO REFTEL 
REQUESTING INPUT FOR THE DEPARTMENT'S 1999 ANNUAL 
TERRORISM REPORT.  THE GOVERNMENT OF SRI LANKA (GSL) 
CONTINUED TO BATTLE THE SEPARATIST LIBERATION TIGERS OF 
TAMIL EELAM (LTTE), THE ONLY TERRORIST GROUP CURRENTLY 
BELIEVED TO BE ACTIVE IN SRI LANKA.  ON OCTOBER 8, THE 
DEPARTMENT RE-DESIGNATED THE LTTE AS A FOREIGN TERRORIST 
ORGANIZATION UNDER PROVISIONS OF THE ANTI-TERRORISM AND 
EFFECTIVE DEATH PENALTY ACT OF 1996.  THROUGHOUT 1999 THE 
GSL CONTINUED MILITARY OPERATIONS AGAINST THE LTTE.  A 
SERIES OF OFFENSIVES BEGINNING IN MARCH AND A 
COUNTEROFFENSIVE BY THE LTTE IN NOVEMBER LED TO SEVERAL 
THOUSAND CASUALTIES FROM BOTH GROUPS.  LTTE TERRORIST 
ACTIVITIES CONTINUED DURING THE YEAR, WITH, FOR EXAMPLE, 
THE ASSASSINATION BY THE LTTE ON JULY 29 OF MODERATE 
TAMIL POLITICIAN DR. NEELAN TIRUCHELVAM, THE SEPTEMBER 18 
KILLING OF MORE THAN FIFTY CIVILIANS IN THE AMPARAI 
DISTRICT IN RETALIATION FOR A SRI LANKAN AIR FORCE ATTACK 
IN THE NORTH, AND THE SEPTEMBER HIJACKING OF A CHINESE 
VESSEL WHICH HAD COME TOO CLOSE TO THE SRI LANKAN 
COASTLINE. 
 
THE FOLLOWING RESPONSES ARE KEYED TO QUESTIONS A THROUGH 
K IN PAR-A 3 OF REFTEL. 
 
2.   (A) THERE WERE NO GSL PROSECUTIONS OF PEOPLE 
INVOLVED IN INTERNATIONAL TERRORISM OR SIGNIFICANT ACTS 
OF DOMESTIC TERRORISM.  MANY SUSPECTED MEMBERS OF THE 
LTTE HAVE BEEN ARRESTED AND DETAINED UNDER THE EMERGENCY 
REGULATIONS AND THE PREVENTION OF TERRORISM ACT AND SOME 
HAVE BEEN CHARGED WITH RELATIVELY MINOR OFFENSES SUCH AS 
WITHHOLDING INFORMATION.  NO IMPORTANT LTTE LEADER HAS 
EVER BEEN APPREHENDED AND PROSECUTED.  LTTE HEAD 
VELUPILLAI PRABHAKARAN AND NINE OTHER LTTE MEMBERS REMAIN 
INDICTED FOR COMPLICITY IN THE JANUARY 1996 CENTRAL BANK 
BOMBING. 
 
(B)  THE GSL DID NOT EXTRADITE OR REQUEST THE EXTRADITION 
OF SUSPECTED TERRORISTS FOR PROSECUTION DURING THE YEAR. 
THE U.S. GOVERNMENT DID NOT REQUEST ANY EXTRADITIONS OR 
ASK FOR ASSISTANCE IN TERRORIST CASES.  IN JUNE 1995, THE 
GOVERNMENT OF INDIA REQUESTED THE EXTRADITION OF LTTE 
HEAD PRABHAKARAN AND TWO OTHER SENIOR LTTE MEMBERS 
(INTELLIGENCE CHIEF POTTU AMMAN AND WOMEN'S WING LEADER 
AKILA, THE LATTER OF WHOM IS NOW BELIEVED DEAD) FOR THE 
ASSASSINATION OF RAJIV GANDHI.  EXTRADITION PROCEEDINGS 
HAVE NOT BEGUN, AND IT SEEMS UNLIKELY THESE LTTE LEADERS 
WILL BE APPREHENDED IN ANY EVENT. 
 
(C)  POST IS AWARE OF NO SIGNIFICANT IMPEDIMENTS TO GSL 
PROSECUTION AND/OR EXTRADITION OF SUSPECTED TERRORISTS. 
IN FACT, EXTRADITION BETWEEN THE U.S. AND SRI LANKA WAS 
FACILITATED BY THE SEPTEMBER 30 SIGNING OF A GENERAL 
EXTRADITION TREATY BETWEEN THE TWO COUNTRIES, REPLACING A 
1932 TREATY BETWEEN THE U.S. AND UK, THE THEN COLONIAL 
POWER.  TERRORISM IS ILLEGAL UNDER THE PREVENTION OF 
TERRORISM ACT.  SRI LANKAN EXTRADITION LAW PERMITS 
EXTRADITION OF INDIVIDUALS TO OTHER COMMONWEALTH 
COUNTRIES.  MOREOVER, SRI LANKA IS A SIGNATORY TO THE 
1988 SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION 
(SAARC) REGIONAL CONVENTION ON THE SUPPRESSION OF 
TERRORISM, WHICH DESIGNATES CERTAIN ACTS SPECIFICALLY AS 
TERRORIST ACTS AND NOT AS POLITICAL ACTS, THEREBY 
NULLIFYING ATTEMPTS BY TERRORIST ORGANIZATIONS TO CLAIM 
POLITICAL MOTIVATIONS FOR VIOLENCE.  THE GSL THEREFORE 
SEEMS OBLIGED TO COOPERATE WITH THE REQUESTS FROM INDIA 
FOR THE EXTRADITION OF PRABHAKARAN AND POTTU AMMAN, 
THOUGH IT IS LIKELY THAT ITS OWN PROSECUTION WOULD TAKE 
PRECEDENCE -- ESPECIALLY NOW PRABHAKARAN HAS ACTUALLY 
BEEN INDICTED FOR A TERRORIST ACT. 
 
(D)  ITSELF A TARGET OF A TERRORIST ORGANIZATION, THE GSL 
HAS BEEN STRONGLY SUPPORTIVE OF INTERNATIONAL EFFORTS TO 
ADDRESS THE PROBLEM OF TERRORISM.  THE GSL COOPERATED 
FULLY WITH THE GOVERNMENT OF INDIA IN ITS INVESTIGATION 
OF THE RAJIV GANDHI ASSASSINATION.  SRI LANKA HAS BEEN 
QUICK TO CONDEMN INTERNATIONAL TERRORIST ATTACKS IN OTHER 
COUNTRIES, IS A SIGNATORY TO THE TOKYO, THE HAGUE AND 
MONTREAL CONVENTIONS AGAINST TERRORISM, AND HAS PASSED 
THE NECESSARY ENABLING LEGISLATION FOR ALL THREE 
PROTOCOLS. 
 
(E)  THE GSL IS CONDUCTING ONGOING COUNTER-TERRORIST AND 
COUNTER-INSURGENCY OPERATIONS AGAINST THE LTTE, INCLUDING 
MILITARY ACTIONS AND SPECIAL MEASURES TO PROTECT URBAN 
AREAS, IMPORTANT INSTALLATIONS AND GOVERNMENT LEADERS. 
THESE ARE AIMED AT WEAKENING THE LTTE AND INHIBITING ITS 
ABILITY TO CONDUCT TERRORIST ATTACKS AS WELL AS MILITARY 
OPERATIONS.  THE GSL ADDRESSED TERRORISM ISSUES THIS YEAR 
IN SEVERAL INTERNATIONAL FORA INCLUDING THE UNGA IN NEW 
YORK (WHERE IT TOOK A LEADERSHIP ROLE IN DRAFTING THE 
RECENT CONVENTION RESTRICTING FINANCING OF TERRORISM) AND 
THE UNHRC IN GENEVA. 
 
(F)   THE GSL DOES NOT SUPPORT INTERNATIONAL TERRORISM. 
 
(G)   THE GSL HAS MADE NO PUBLIC STATEMENTS IN SUPPORT 
OF A TERRORIST-SUPPORTING COUNTRY ON A TERRORISM ISSUE. 
HOWEVER, IT HAS NOT ACTIVELY PARTICIPATED IN 
INTERNATIONAL CONDEMNATION OF THE TERRORIST ACTIVITIES OF 
LIBYA, IRAQ, IRAN AND SUDAN. 
 
(H)  THERE HAS BEEN NO CHANGE IN 1999.  THE GSL VIEWS THE 
CONTINUING USG DESIGNATION OF THE LTTE AS A FOREIGN 
TERRORIST ORGANIZATION AS A MAJOR BREAKTHROUGH IN ITS 
ANTI-TERRORISM EFFORTS.  THE USG DESIGNATION HAS 
ENCOURAGED THE GSL TO MAINTAIN ITS APPROACH TO COMBATING 
TERRORISM BOTH DOMESTICALLY AND INTERNATIONALLY.  THE GSL 
USES THE U.S. DESIGNATION TO URGE OTHER COUNTRIES, SUCH 
AS THE UK, TO RESTRICT THE LTTE LIKEWISE. 
 
(I)  THE GSL HAS ACCEPTED THE U.S. OFFER OF INCREASED 
ASSISTANCE UNDER THE ANTI-TERRORISM ASSISTANCE PROGRAM 
(ATA).  IN 1999, NINETEEN SRI LANKAN SECURITY FORCES 
PERSONNEL WERE TO TAKE PART IN A SENIOR CRISIS MANAGEMENT 
SEMINAR UNDER THIS PROGRAM.  DUE TO REVERSES IN THE WAR, 
HOWEVER, SRI LANKA CANCELLED ITS PARTICIPATION IN THE 
EVENT.  IN 1998, SRI LANKAN SECURITY FORCES PERSONNEL 
TOOK PART IN SEPARATE TRAINING PROGRAMS IN EXPLOSIVE 
INCIDENT COUNTERMEASURES, VITAL INSTALLATION SECURITY, 
AND POST-BLAST INVESTIGATION.  THE GSL HELPED DRAFT AND 
WAS THE FIRST COUNTRY TO SIGN THE INTERNATIONAL PROTOCOL 
AGAINST BOMBING AT THE UN IN JANUARY 1998 (THE USG SIGNED 
SECOND).  IN 1997, SRI LANKA RATIFIED THE 1988 PROTOCOL 
FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT 
AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION.  IN 
ADDITION, IT IS EITHER A SIGNATORY, OR HAS TAKEN THE 
NECESSARY INTERNAL STEPS TO BECOME A SIGNATORY, TO THE 
1979 CONVENTION AGAINST THE TAKING OF HOSTAGES, AND THE 
1979 CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR 
MATERIALS.  THOUGH THE GSL HAS YET TO RATIFY THE 1991 
CONVENTION OF THE MARKING OF PLASTIC EXPLOSIVES FOR THE 
PURPOSES OF DETECTION, AND THE 1988 CONVENTION FOR THE 
SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF 
MARITIME NAVIGATION, THE MINISTRY OF FOREIGN AFFAIRS HAS 
INDICATED THAT THE GSL IS RECEPTIVE TO BECOMING A 
SIGNATORY. 
 
(J-1) THE GSL HAS COOPERATED FULLY WITH U.S. OFFICIALS 
INVESTIGATING POSSIBLE VIOLATIONS OF U.S. LAW BY 
INTERNATIONAL TERRORIST ORGANIZATIONS. 
 
(J2) THERE HAVE BEEN NO CONFIRMED CASES OF TERRORIST ACTS 
DIRECTED AGAINST U.S. CITIZENS IN SRI LANKA. 
 
(K)  THE U.S. GOVERNMENT HAS MADE SEVERAL REQUESTS TO THE 
GSL FOR ADDITIONAL SECURITY MEASURES FOR U.S. PERSONNEL 
AND FACILITIES IN SRI LANKA.  ALL REQUESTS HAVE BEEN MET 
EXPEDITIOUSLY BY THE GSL.  THESE REQUESTS WERE MADE TO 
ENHANCE SECURITY IN GENERAL AND NOT IN RESPONSE TO ANY 
IDENTIFIABLE THREAT. 
 
DONNELLY