US embassy cable - 03COLOMBO1309

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001309 
 
SIPDIS 
 
DEPARTMENT FOR SA, SA/INS, DRL, DRL/CRA 
 
E.O. 12958:  DECL:  07-28-13 
TAGS: PHUM, PGOV, PINS, CE, Human Rights 
SUBJECT:  Human rights update:  Court convicts five for 
role in massacre; Security crackdown nets Tamils 
 
Refs:  Colombo 1290, and previous 
 
(U) Classified by James F. Entwistle, Charge d'Affaires. 
Reasons 1.5 (b, d). 
 
1.  (C) This update of the human rights situation in 
Sri Lanka reviews the following: 
 
-- Police officers and Sinhalese civilians sentenced in 
connection with killings of Tamils in 2000 
 
-- Alleged ringleader of killings of Muslims on election 
day 2001 gets bail 
 
-- Tamils detained in Colombo during security crackdown 
 
-- Commission's findings re bloody `83 riots begin to 
leak out 
 
CONVICTIONS IN MASSACRE OF TAMILS 
--------------------------------- 
2.  (U) Two Sri Lankan police officers and three 
Sinhalese civilians were sentenced to death on July 1 
for their involvement in the October 2000 slayings of 27 
Tamils.  (Note:  The death sentences were later 
ratcheted down to 23 years imprisonment.  While the 
death penalty remains on the books in Sri Lanka, it has 
not been imposed in years -- see Reftels.)  The case 
involves a large-scale attack by local villagers on a 
rehabilitation camp for former child soldiers of the 
Liberation Tigers of Tamil Eelam (LTTE) located in Uva 
Province in the southeast.  (Note:  The villagers were 
infuriated that a camp for former Tamil Tiger militants 
was located in their home area.)  The police in charge 
of guarding the camp allowed the villagers to enter and 
massacre the detainees.  All those convicted were 
Sinhalese. 
 
3.  (C) COMMENT:  The convictions of the five men is an 
important event, representing as it does one of the few 
times that Sinhalese have been held accountable for the 
deaths of Tamils during the course of the 1983-2001 
ethnic conflict.  In particular, the convictions of the 
two police officers underscores the widening cracks in 
the climate of impunity which for so long protected 
government officials from prosecution.  The sad fact, 
however, is that only three villagers were convicted in 
the attacks, which involved dozens, if not hundreds, of 
locals.  END COMMENT. 
 
ELECTION DAY KILLING OF MUSLIM CAMPAIGN WORKERS 
--------------------------------------------- -- 
4.  (SBU) Anuruddha Ratwatte, a well-connected former 
deputy defense minister, was released on bail July 11 
for his alleged role in the killings of ten Muslims in 
December 2001.  Ratwatte's two sons and 12 other 
defendants were also released on bail.  Ratwatte was 
released on cash bail of Rs. 25,000 (approx. 250 USD) 
and Rs. 100,000 personal bail (approx. 1000 USD).  The 
case stems from the massacre of ten campaign workers for 
the Sri Lanka Muslim Congress (SLMC) on election day, 
December 5, 2001.  The incident took place near Kandy 
city in central Sri Lanka. 
 
5.  (C) COMMENT:  The killings of the Muslims sparked 
large protests in that community, with the government 
forced to impose a curfew in much of the country to curb 
disturbances.  Muslim anger over what transpired still 
simmers -- and Ratwatte's release is controversial.  His 
trial court judge had repeatedly turned down his request 
for bail, citing the severity of the crimes.  The 
Supreme Court intervened, however, and granted bail. 
Several observers have questioned the impartiality of 
the Supreme Court's decision, noting that the court is 
generally considered pro-President Kumaratunga and that 
Ratwatte is a close relative of the president's.  END 
COMMENT. 
 
TAMIL YOUTHS DETAINED IN COLOMBO 
-------------------------------- 
6.  (U) A recent security crackdown in Colombo has 
resulted in a sharp jump in the number of Tamils 
detained for questioning by police.  Police contacts 
report that from early June through July over five 
hundred people were arrested for failure to produce 
national identity cards or "on suspicion."  The vast 
majority of those detained were quickly released, though 
a handful were kept incarcerated for further 
questioning.  Interior Minister John Amaratunga, seeking 
to defuse tensions in the Tamil community (which 
represents over 20 percent of Colombo's population), 
told the press June 28 that the recent crackdown was not 
meant to target Tamils, but to increase security and 
curb crime in the capital.  The intensity of the 
security crackdown has largely leveled off since mid- 
July. 
 
7.  (C) COMMENT:  In mandating the security crackdown, 
the GSL was reacting to a spate of recent assassinations 
of opponents of the LTTE which have taken place in 
Colombo and elsewhere (see Reftels).  It is not clear 
whether the government's effort led to the arrest of any 
armed LTTE cadre, though it may have scared some off. 
While aware of the danger that LTTE elements pose, human 
rights activists expressed concern that the GSL's 
actions were a return to the widespread "cordon and 
search" operations of the past in which thousands of 
Tamils were detained for long stretches, especially 
after LTTE terrorist attacks.  These operations 
alienated many in the Tamil community.  END COMMENT. 
 
CONTENTS OF REPORT ON `83 RIOTS LEAK OUT 
---------------------------------------- 
8.  (U) Although it has not been officially released, 
the contents of the final report of the Presidential 
Truth Commission on Ethnic Violence in Sri Lanka have 
been leaking out in recent days.  (Note:  The 
commission, which consists of former jurists and 
lawyers, was appointed by President Kumaratunga in 2001 
to delve into the causes of the communal riots that 
shook Sri Lanka in the early 1980s.  The most serious of 
these took place in Colombo in July 1983 -- see 
Reftels.)  English-language newspapers, for example, 
have been regularly serializing the report, which is 
largely a factual rundown of what the commission 
believed occurred at that time. 
 
9.  (C) COMMENT:  Human rights activists have been 
impressed by the sections of the report that have been 
published thus far.  The commission seems to have done a 
careful job in turning up the facts in what were often 
murky incidents.  Moreover, the commission appears to 
have steered away from trying to place "blame" per se. 
This non-accusatory approach has been welcomed in light 
of fears that the commission, which had been appointed 
by the president, might simply bash her political 
opponents and not much else.  It is not clear when the 
commission's report will be officially released or if 
its final recommendations will be implemented by the 
government.  (Note:  One newspaper on July 27 published 
the report's 12 recommendations, which focus on 
everything from the need for ethnic reconciliation to 
possible reparations for victims.)  END COMMENT. 
 
10.  (U) Minimize considered. 
 
ENTWISTLE