US embassy cable - 05COLOMBO567

C O N F I D E N T I A L COLOMBO 000567 
 
SIPDIS 
 
DEPARTMENT FOR SA/INS, G/TIP 
 
E.O. 12958: DECL: 03/21/2015 
TAGS: PHUM, SMIG, KCRM, KFRD, CE, GM, External Relations, Human Rights 
SUBJECT: SRI LANKA:  NO PATTERN OF FOREIGN MISSION 
ASSISTANCE TO SUSPECTED TRAFFICKERS 
 
REF: A. NEUMANN-TOMASZEWICZ 03/08/05 UNCLASS EMAIL 
 
     B. BERLIN 767 
 
Classified By: James F. Entwistle, Deputy Chief of Mission.  Reason 1.4 
 (b,d). 
 
1.  (C) There does not appear to be a widespread pattern by 
foreign missions to aid their nationals in departing Sri 
Lanka while under criminal investigation.  We know of only 
one solid case in 2004, as well as accounts of possible cases 
before then.  Sri Lankan authorities take cases of pedophilia 
involving foreigners seriously.  Indeed, nationals from 
several other countries, including the U.S., are currently in 
the Sri Lankan legal system on charges of suspected 
trafficking and/or abuse. 
 
Alleged German mission assistance to suspected pedophile 
--------------------------------------------- ----------- 
 
2.  (C) Poloff spoke with Dr. Harendra de Silva, head of the 
National Child Protection Agency (NCPA) and a close Embassy 
contact, who is zealous in his commitment to protect children 
from trafficking and investigate adults suspected of 
involvement.  His description of events about a recent case 
of suspected pedophilia involving a German national largely 
tracks with the readout from the German government (Ref B). 
According to de Silva, the man's German passport had been 
confiscated by Sri Lankan officials who were investigating 
the allegations.  Law enforcement officials confirmed to 
poloff that a German man had been arrested in October 2004 on 
charges of pedophilia and his passport impounded by the 
court. 
 
3.  (C) De Silva said that despite the Germany Embassy's 
apparent knowledge of the criminal investigation, Embassy 
officials issued the man a travel document enabling him to 
leave Sri Lanka.  One police official told us he had heard 
that the German mission in Sri Lanka aided its nationals who 
were under suspicion for any kind of criminal activity -- not 
only trafficking -- in departing Sri Lanka.  (Note:  this 
would track with Embassy Berlin,s comment that German 
consular officials are required to issue travel documents in 
such cases.  End Note.)  While the police were not aware of 
the specifics of the German's departure, several officers 
stated they knew he was no longer in Sri Lanka. 
Notwithstanding his absence, the next hearing on the matter, 
scheduled for May, will take place; the German national is 
one of four defendants in the case. 
 
4.  (C) In a separate conversation with poloff, Palitha 
Fernando, Senior State Counsel and head of the Child 
Protection Unit within the Attorney General's office, said he 
was not familiar with the case of this German national.  In 
addition, he was not aware of any instances of foreign 
embassies assisting their nationals to depart Sri Lanka while 
under suspicion of child trafficking. 
 
No pattern of foreign mission interference 
------------------------------------------ 
 
5.  (C) In speaking with poloff, Prof de Silva outlined two 
other instances in which the German and Norwegian Embassy 
each were suspected of aiding their nationals in leaving Sri 
Lanka in previous years.  The German case was from the late 
1990s, while the Norwegian example was from the early 2000s. 
Although de Silva implied that he believes the Germany 
Embassy may have been involved in more cases, he was unable 
to offer any specific details or even more anecdotal 
evidence.  De Silva said there were "many suspects, but they 
often leave before getting caught."  The NCPA chair also 
noted that four Dutch nationals had been arrested on 
suspicion of involvement in child trafficking in recent 
years, but that the Dutch Embassy in Colombo had been 
"silent" -- not getting involved -- on the matter. 
 
Comment 
------- 
 
6.  (C) In our consular experience, Sri Lankan officials tend 
to be much more proactive in potential trafficking and child 
abuse cases involving foreigners, suggesting that they keep a 
vigilant eye on foreign missions' assistance to such 
suspects.  Along the same lines, Sri Lankan judges often do 
not approve bail for foreign suspects -- in cases where they 
very well might for a Sri Lankan defendant -- to prevent them 
from fleeing the country.  In our view, while our diplomatic 
colleagues no doubt do what they are required to do to assist 
their nationals, we do not see a widespread problem of 
foreign embassies helping pedophiles and/or child traffickers 
abscond from Sri Lanka.  End Comment. 
 
LUNSTEAD