UN calls for explanation on Fonseka’s war crimes charges against Gota, Shavendra
The United Nations has, following allegations made by General (Retd) Sarath Fonseka of war crimes committed by Defence Secretary Gotabhaya Rajapaksa and Major General Shavindra de Silva, called for an explanation from Sri Lanka on the death of leading LTTE cadres during the end stages of Eelam war IV in May this year.
The UN Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions, Phillip Alston, has asked the government to provide explanations with regard to the circumstances leading to the deaths of three senior LTTE cadres and their families during the final stages of military operations against the LTTE.
The demand for the explanations follows the recent statement made by Gen (Rtd) Sarath Fonseka, an opposition candidate at the forthcoming Presidential election, alleging that such killings had taken place, during an interview reported by The Sunday Leader of December 13, 2009.
A letter, by the UN Special Rapporteur Alston, addressed to Mrs. Kshenuka Senewiratna, the Permanent representative of Sri Lanka at the UN Office in Geneva, states:
"These allegations were made by the Commander of the Sri Lanka Army at the time of the events and subsequent Chief of Defence Staff (now retired) General Gardihewa Sarath Chandralal Fonseka, in an interview to the newspaper The Sunday Leader. The accounts of journalists embedded with the SLA 58th Brigade confirm some of the alleged circumstances of the death of Messers Nadeshan, Pulidevan and Ramesh and their families".
The letter also said: "On 17 May 2009, the day before your Excellency’s Government announced that its forces had completely defeated the LTTE, Messers Nadeshan, Pulidevan and Ramesh were trapped with other senior cadres of the LTTE in a small area north of Vellamullivaikkal. Through intermediaries that sought to establish contact with your Excellency’s Government to inquire how they could surrender to the Sri Lanka Army (SLA). The reply, coming from the Secretary of Defence in your Excellency’s Government and from a Member of Parliament who is at the same time a senior advisor to the President, and conveyed through the intermediaries, was that they should walk towards the positions of the SLA in a way that made their intentions clear and holding a white cloth. The Commander of the SLA 58th Brigade, the unit on the front line with the last LTTE position, however, received a telephone call from the Secretary of Defence instructing him to order his forces to shoot those surrendering. When Messers Nadeshan, Pulidevan, and Ramesh walked towards the SLA positions carrying white cloths in the first hours of 18 May 2009, soldiers opened fire on them and killed them. An unspecified number of family members of the three men were killed as well."
"It is my responsibility under the mandate provided to me by the Human Rights Council to seek to clarify all cases brought to my attention. Since I am expected to report on the death of Messers Nadeshan, Pulidevan and Ramesh, as well as of the members of their families, I would be grateful for the cooperation and observations of your Excellency’s Government in particular in relation to the following questions.
1. Are the allegations summarized above accurate? If not so, please share the information and documents proving their inaccuracy.
2. What information does your Excellency’s Government have on the family members of Messers Nadeshan, Pulidevan and Ramesh allegedly killed on 18 May 2009?
3. Please refer to the results of any military, police, judiciary or other inquiry or investigation carried out in relation to the allegations summarized above. "
The Permanent Mission of Sri Lanka to the UN, Geneva had sent the letter to Prof Rajiva Wijesinha, Secretary Ministry of Disaster Management and Human Rights and copied to Gotabhaya Rajapaksa, Secretary Defence, Mohan Peiris PC, Attorney General, Romesh Jaysainghe Secretary, Ministry of Foreign Affairs.
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