Dear Sir/MadamMass Graves in Tamil Heartland in Sri
Lanka
On the 3rd of July 1998, five army personnel were convicted of the rape and
murder of a Tamil school girl as well as the murder of four others. They were sentenced to
death. One of the soldiers, Somaratne Rajapakse, made the statement to the court that they
only buried bodies but they did not commit the crimes. He stated that he can identify a
mass grave at Chemmani, Jaffna where nearly 400 bodies lie buried. This statement
corroborates an Amnesty International report that 600-700 people disappeared from Jaffna
during the 18 month period following the capture of Jaffna by the present Government
[AI-Nov97], [BBC-July98].
Although Amnesty International reported the disappearances in November 1997, and the
soldier’s disclosure was made in July 1998, the Government originally made no attempt
to investigate these reports. It is only after a great deal of pressure resulting from the
publicity given to the soldier’s disclosure that the Government took the initial step
of announcing an investigation. The Criminal Investigation Department (CID) and the Sri
Lankan Human Rights Commission were reportedly making efforts towards investigations
[Reuters-Aug98]. These early reports were suggestive of a genuine attempt by government
departments to conduct an investigation. Statements were issued that the soldier will be
taken to Jaffna to identify the site [AFP1-Sept98], [Reuters-Sept98]. However, despite
these public pronouncements, very little has since occurred. Indeed, we present here the
very strong evidence that government officials at all levels have obstructed the
investigation and trial in such a fashion so as to appease the international community but
hide truth behind the mass graves.
(1) The Tamil people of Jaffna, who have suffered human rights abuses spanning 25
years, are unwilling to place their trust in an internal investigation and have demand the
presence of international observers [BBC-July98]. The Sri Lankan Human Rights Commissioner
wrote to the United Nations High Commissioner for Human Rights (UNHCHR) requesting
assistance for the exhumation of the site. The UNHCHR then requested permission from with
the Sri Lankan government. This has not been granted to date [AFP2-Sept98].
(2) It has been revealed that the road leading to the alleged mass grave site has been
kept closed ever since the Sri Lankan army took control of Jaffna. This is the period
during which the disappearances were reported. People in vicinity of the area report
activities near the area late at night, raising suspicions that evidence is being tampered
with [TN-July98], [TN-Aug98].
(3) Somaratne Rajapakse, the soldier who made the disclosure on the mass graves, was
assaulted in prison and admitted to hospital [Reuters2-Aug98]. Amnesty International noted
that the attack on Rajapakse appears to have resulted from his refusal to sign a written
statement, offered to him by the guards, to the effect that he had been emotionally
disturbed at the time and had made an untrue statement to the court about the mass graves.
Also, in March 1999 the Government hurriedly reintroduced the death penalty to the
puzzlement of the people of Sri Lanka. Suspicion is being raised that the Government may
execute Rajapakse in order to silence him for good.
(4) Solid evidence has emerged of another mass grave site. Workers digging up the
Duraiappah Stadium, which is next to the Jaffna Fort, have come across several human
skeletons. This fort was occupied by the Sri Lankan army from 1983 to 1987, then by the
Indian Peace Keeping Force force until 1987, and then again by the Sri Lankan army from
1989 to 1990. This area was out of bounds for civilians during these occupations. Although
there have been disappearances in this area from 1983 to the present, very little is
occurring with regard to the investigation of this site. The government has refused to say
how many skeletons lie in the grave and has used armed police to keep relatives away
[ST-April99].
(5) In January 1999 a hearing took place in Jaffna under judge Ekanathan, who ordered a
second hearing in March. Eager to boost it’s image, the foreign affairs ministry
issued a public statement that Judge Ekanathan has ordered the excavation of the site.
Judge Ekanathan refuted the claim and accused the ministry of interfering with the
judicial process [TN-Feb99], [BBC-Feb99]. Due to judge Ekanathan’s withdrawal from
the case, the Government flew in judge Arulsaaharan from Colombo who ordered a geologist
report on soil samples. Soil samples were taken from a site with an entourage of
journalists and much publicity. It is not clear how the site was identified without
Somaratne Rajapakse being present. When it came time for the follow up hearing of the
geologist report, judge Arulsaaharan, who was waiting at his home in Colombo to be flown
to Jaffna, was left behind and the hearing was abandoned. Subsequently a hearing took
place in Colombo and the next hearing has been postponed until June 1999 [TN2-March99],
[AP-April99].
To summarise, the UNHCHR request for permission to investigate the mass grave site has
not been granted. There have been accusations of the army destroying evidence. Somaratne
Rajapakse has been assaulted and has not been taken to Jaffna. There is evidence of not
only one but at least two, and perhaps several more, mass graves in Jaffna. And finally,
the judicial process has been a farce. This is all despite the fact that the United States
and British governments, as well as others, have continued to urge the Sri Lankan
government to investigate the mass graves [US-Nov98].
The need for a UN Investigation Team at the scene of the mass graves, jointly
investigating the exhumation both at Chemmani and Duraiappah Stadium, is now clear. Those
graves, and others that are to be excavated, are evidence of war crimes either by the
Indian Peace Keeping Force or the Sri Lanka Army. Furthermore, the brigadiers who were in
charge of Chemmani, Jaffna, as well as the overall officer in charge of Jaffna are major
generals now. For example, Major General Sri Lal Weerasoriya who was a brigadier in charge
of Jaffna is now the Commander of the Armed Forces in Sri Lanka. In the same way that
President Milosovic and his commanders are responsible for what happened in Bosnia,
President Kumartunge, General Ratwatte and his Brigadiers are responsible for both the
Chemmani Mass Grave, and the many more which are yet to come to light. Under such burden,
the Government, their Generals, Attorney Generals and their Police are not going to search
for the war criminals. Justice will not be done and will not seem to be done. The UN
should therefore takeover the investigations as they did in Bosnia. Thus, we request that
you to support a United Nations directive to the government of Sri Lanka to grant UNHCHR
permission to conduct an investigation into the disappearances and mass graves in Jaffna.
Thank you for your time and consideration,
Yours sincerely,
