Please read for more here; http://www.sundaytimes.lk/110424/Timestwo/t2_09.html
01. *As the need for humanitarian assistance rose, it was increasingly restricted by the Government*. Attempts to broker a political settlement-or even a sufficient respite in the fighting to enable the civilians to reach safety-foundred. 63. A potent symbol of these operations was the "white van". White vans were used to abduct and often disappear critics of the Government or those suspected of links with the LTTE, and more generally, to instill fear in the population. An elite unit within the Special Task force (STF) of the police is implicated in running these white van operations. Those abducted were removed to secret locations, interrogated and tortured in a variety of ways, including through beatings forced nudity suffocation with plastic bags. *partial drowing extraction of finger or toe nails*, or administering electric shocks. Many were killed and their bodies disposed of secretly. Human rights workers, journalists , news paper editors and humanitarian workers accused of being "Tiger sympathizers" were also caught in the net. In the period between 2006 and the end of the war, 66 humanitarian workers either disappeared or killed. 64. The strategy also involved stricter controls on the media and the flow of information, imposing a media blackout and stifling critical views of the war effort. From 2006 Independent journalists were not allowed to travel to LTTE controlled areas and certain journalists were named as "Tiger sympathizers" on the Ministry of Defence website 81. On or around 19 to 21 January, SLA shells hit Vallipuram hospital, located in the first NFZ, killing patients. Throughout the final stage of the war, virtually every hospital in the Vanni, whether permanent or makeshift, was hit by artillery. Particularly those which contained wounded LTTE were hit repeatedly. 84. In the early morning hours of 24 January, hundreds of shells rained down in the NFZ. Those with access to the United Nations bunker dove into it for protection, but most IDPs did not have bunkers and had nowhere to seek cover. *People were screaming and crying out for help*. The United Nations security officer, a highly experienced military officer, and others present discerned that the shelling was coming from the south, from SLA positions. He made frantic calls to the head of United Nations Security in Colombo and the Vanni Force Commander at his headquarters in Vavniya as well as the joint operations headquarters in Colombo, demanding that the shelling stop,which sometimes resulted in a temporary adjustable of the shelling before it started again. "Heavy shelling continued over night, and *shells continued to hit the United Nations hub and the distribution centre, Killing numerous civilians.* 101. At the time, the Defence Secretary stated: "We are taking casualties to prevent civilians getting hurt. This is a factor we are very concernd about. Otherwise we could have used so much artillery and just moved on. The Government announced on 25 February, and again on 27 April that the SLA was no longer using heavy weapons in the second and third no fire zones. But what was happening on the ground indicated the opposite. Intensive artillery fire had been a core tactic in the SLA's military campaign from the outset. As victory neared, this tactics was not abandoned, but rather its use was intensified, even though the LTTE was now immobilized and surrounded in an area of high civilian density. The intensive shelling also caused many civilians to attempt to flee the area, meeting another of the Government objectives to put pressure on civilians to get out of the way despite government pronouncements. Satellite images in Annex 3 show that SLA artillery batteries were constantly adjusted to increasingly target the NFZs. The LTTE had fewer heavy wepons left and less space to fire them from. 103. When the PTK hospital relocated to Putumattalan the Government stated that "there are now no hospitals functioning in uncleared areas in the Vanni. Nonetheless, the second NFZ had their makeshift hospital including Putumattalan, a small clinic at Valayanmadam and a hospital in Mullivaikal. All of their coordinates were known to the Government, and they were clearly marked with emblems. Government doctors continued providing their services there. Putumattalan hospital was severely overcrowded with hundreds of newly injured civilians. As the Government did not allow basic medical supplies into the Vanni, conditions in Pudumatalan hospital were so poor that a large number of amputations were performed without anesthetics, using butcher knives rather than scalpels, Sanitary pads and cotton clothes were used as bandages and intervenous drips were hung from the trees with several -injured patients lying on the ground under them. In spite of the significant efforts of the few available doctors many patients died due to lack of access to proper medical care and scores of bodies were deposited in front of the hospital each day 118. Due to the lack of space in the third NFZ civilians had nowhere to hide from the shelling which was coming in from all sides. Shells rained down everywhere and bullets whizzed through the air. Many died and were buried under their bunkers or shelters, without their deaths being recorderd. Black smoke and the stench of dead bodies filled the air. Some people begged food for their starving children or for help for the wounded or dying, *The scene was described as reminiscent of hell*. 131. Despite its access to first-hand information regarding the size of the civilian population and its needs, the Government of Sri Lanka deliberately used greatly reduced estimates, as part of a strategy to limit the supplies going into the Vanni, thereby putting ever greater pressure on the civilian population. A senior Government official subsequently admitted that the estimates were reduced to this end. The low numbers also indicate that the Government conflated civilians with LTTE in the final stages of the war. *E. The number of civilian deaths* 132. There is no authoritative figure for civilian deaths or injuries in the Vanni in the final phases of the war. 135. The number calculated by the United Nations Country Team provides a starting point, but is likely to be too low, for several reasons. *a)Executions* 149. Authenticated footage and numerous photographs indicate that certain LTTE cadre were executed after being taken into custody by the SLA. Photographs available to the Panel show many dead bodies of cadre (or possibly civilians), some with their hands tied behind their back. *(b) Disappearances* 151. The Government has not provided a public registration of persons at screening sites or Omanthai, neither did it allow international organizations to monitor the process. *(c) Rape and sexual vilolence* 152. Rape and sexual violence against Tamil women during the final stages of the armed conflict and, in its aftermath, are greatly under-reported. *1. Allegations of the use of cluster munitions or white phosphorus* 169. There are* allegations that the SLA used cluster bomb munitions or white phosphorus or other chemical substances against civilians*, *2. The "White Flag" incident* 170. Various reports have alleged that the political leadership of the LTTE and their dependants were executed when they surrendered to the SLA *War crimes* 247. The Panel believes that the credible allegations and violations point to the commission of the following war crimes by persons acting on behalf of the Government of Sri Lanka. (a) Serious violations of Common Article 3, including violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture, including rape; outrages upon personal dignity, in particular humiliating and degrading treatment and failure to collect and care for the wounded and sick; (b) International attacks on civilians. (c) Indiscriminate or disproportionate attacks on civilians; (d) Attacks on medical and humanitarian objects, including humanitarian convoys and Red Cross - designated facilities. (e) Starvation of the population and denial of humanitarian relief; and (f) Enforced disappearances. *V. Sri Lanka's Approach to Accountability* 306. In the case of the LLRC, at least three of its members have serious conflicts of interest that both directly compromise their ability to function with independence and impartiality, and undermine public perception of them as independent. The history of previous commissions of inquiry in Sri Lanka shows a pattern of non-disclosure of findings and recommendations, undermining public confidence in the process *VI. Further Obstacles to Accountability* 400. Fear and silence are the enemies of accountability. It is exceedingly difficult for a nation to deal with grave human rights violations of the past and more so if violations continue into the present 412. Finally, the restoration of a thriving civil society is key to Sri Lanka's transition and the effectiveness of an accountability process. Policies such as placing the registration of NGOs under the auspices of the Ministry of Defence are inappropriate. *D. Media restrictions* 413. A free press is a vital component of a society that respects human rights and is among the conditions required for sustainable peace [Non-text portions of this message have been removed] ------------------------------------ --------------------------------------------------------------------------- LAAMN: Los Angeles Alternative Media Network --------------------------------------------------------------------------- Unsubscribe: <mailto:[email protected]> --------------------------------------------------------------------------- Subscribe: <mailto:[email protected]> --------------------------------------------------------------------------- Digest: <mailto:[email protected]> --------------------------------------------------------------------------- Help: <mailto:[email protected]?subject=laamn> --------------------------------------------------------------------------- Post: <mailto:[email protected]> --------------------------------------------------------------------------- Archive1: <http://www.egroups.com/messages/laamn> --------------------------------------------------------------------------- Archive2: <http://www.mail-archive.com/[email protected]> --------------------------------------------------------------------------- Yahoo! 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