Chandrika appoints panel to probe Eastern
killings

By D.B.S. Jeyaraj

President Chandrika Bandaranaike Kumaratunga has announced the appointment of
a commission to inquire into the on going violence in the Eastern Province and
ascertain who the perpetrators actually are. The announcement came in the wake of
a murderous assault on three woman tigers of the political wing on Feb 28th at
Thambiluvil. Though wounded critically all three currently undergoing treatment in
Colombo  are now pronounced out of danger.

Whatever the outcome of this incident Kumaratunga is not taking things easy. She is
planning to appoint a two member panel to inquire into the ongoing Eastern violence
with special emphasis on the Kausalyan killing. The commission is expected to
conclude its sittings within a month of formal commencement. Its report is to be
released within 30 days of concluding sittings. It is presumed that one at least of the
Commissioners will be a Tamil. Kumaratunga hopes to appoint a retired judge known
for his fearless independence and another judge currently serving in the East.

Even before the full terms of reference were known the Liberation Tigers of Tamil
Eelam have dismissed the move contemptuously. Tiger political commissar Suppiah
Paramu Thamilselvan has described the move as "verum kanthudaippu" (mere
eyewash) and indicated that the LTTE would not participate in the Commission
proceedings. The LTTE and its minions have been shouting out for long like rooftop
barkers that action should be taken about Eastern violence whenever one of their ilk
is victimised.

One would have expected the LTTE to welcome the Commission of inquiry as the
move showed that Kumaratunga herself was getting worried about the Eastern
violence at least belatedly. If the  LTTE dismisses the Commission outright and does
not cooperate there is very little the panel could do effectively. A commission of this
nature without tiger participation is like staging the Ramayanam without Lord Raman.
With the tiger spectre looming large few members of the public would dare to come
out with what they know about the killings. The Tamil National Alliance
Parliamentarians from the East too will keep away.

Presidential logic seems to be that in order to prevent and/or penalise the
perpetrators they must be first clearly identified. This is the underlying purpose of her
action.  A secondary objective is to deflect or contain criticism of the Government for
not taking any concrete action to curb violence. The Government has come in for a
lot of flak in recent times over the violence. The Norwegian "partisans" breathe down
her neck when a "mainstream" tiger is killed. Even the United Nations raises howls of
protest. Not a whimper is heard when the tigers kill or attack any one.

The recent pattern of violence in the East has several dimensions. Very little is known
about what goes on in the LTTE controlled areas. Only the violence in Government
controlled areas comes to light. When the LTTE attacks anyone it does not claim
credit openly.  But people know that the LTTE is responsible in three ways. Firstly the
tiger propagandists at home and abroad come out with the description that "inam
theriyathavargal" (Unknown persons) were responsible. The same media is cocksure
of who the assailants are when a known tiger is attacked. Another indication in this
respect is that the tiger media also conduct vilification campaigns against tiger victims
at times to "justify" the killings.

Secondly the security forces in the East are quick to come out with such details when
the LTTE is responsible. This information is directly and indirectly supplied to
members of the fourth estate in the Sinhala, English and International media.
Providing information to the Tamil media in Sri Lanka - with the exception of the EPDP
owned "Thinamurasu" - is useless because the Tamil press will simply not utter a
croak against the tiger. This results in people other than "monolingual" Tamils getting
the correct picture.

Thirdly when the victims are or were connected to the Eelam Peoples Democratic
Party or Eelam Peoples Revolutionary Liberation Front (Pathmanabha faction) their
colleagues publicize the killings. The EPDP is quite active in this respect and
undertakes unorthodox action at times that makes the Norwegian "partisans"
extremely uncomfortable. When the EPDP began leaving unattended coffins with the
latest victims outside the Oslo embassy in Colombo the Vikings were very troubled as
the international and Norwegian media latched on to it. The Scandinavians for the
first time protested in Kilinochchi with a yell heard all the way up in Valhalla.

Another point of related interest is the approach of the Karuna faction. They
generally keep quiet when the victims are their own. This is because in keeping with
tigerish tendencies they too consider it infra dig to acknowledge their vulnerability.
When the Karuna faction conducts a killing operation it immediately goes to town with
a blaze of publicity. After tying up with Paranthan Rajans Eelam National Democratic
Liberation Front as the Tamil Eelam Ikkiya Viduthalai Munnani the propaganda is
handled by the ENDLF structure. The Kausalyan - Chandranehru killings were
claimed by the Tamil National Force abroad. The TNF is the military wing of the
Karuna - Rajan combine.

Usually the LTTE is silent about its military losses as it fears divulging exact
casualties in a "failure" will dent its image of invincibility and infallibility. The tigers
however have been quick to condemn the recent killing and attacks on their cadres in
the East. This is because the bulk of LTTE victims have been unarmed political
activists. Senathi, Bawa, Yoga, Kausalyan and now Kuveni and others have all been
political wing operatives. Chandranehru Ariyanayagam was a democratic politician.
So the LTTE can afford to take the moral high ground in these killings. It is able to
whip up pressure that is extremely embarrassing to President Kumaratunga.

The reason for tiger political wing operatives being killed regularly by the Karuna
faction is simple. They are very vulnerable as they are compelled to travel about
unarmed in government controlled territory to do political work. The military cadres
and commanders are safely holed up in the Paduvankarai area seldom venturing into
enemy territory alone or in small groups. If and when they do the military wing goes
around in an armed convoy thus inhibiting Karuna faction designs.

The continuous killing of political workers including those who participate at
discussions with the security forces and ceasefire monitors publicly is adding to
international pressure on Kumaratunga to take action. The rooftop barkers of the
LTTE are yapping that their patience is running thin and that the ceasefire is at risk.
This is taken at face value and few dare to call the tiger bluff. This sends alarm bells
ringing and Janathipaathy Mandiraya too has to respond.

Unable to accept current reality that they are a beleaguered lot in the East after the
revolt of Vinayagamoorthy Muraleetharan alias Karuna the mainstream LTTE tries to
pose as if it is in control of the situation. When its cadres are killed the LTTE comes
out with a face saving maneuver that the security forces are behind the killing by
accusing "paramilitary forces". This is a euphemism for Karuna's boys. In spite of the
Karuna faction claiming credit for the killings the LTTE ignores it and goes on
implicitly and explicitly accusing the security forces.

To the tigers getting whacked by Karuna is a comedown as they arrogantly dismissed
his threat potential last year by calling him a "madman" and a "single individual". So
saying the security forces are involved is their way out like the proverbial saying
about the man who fell flat on his face stating proudly that there is no sand on his
moustache. The tigers are adamant that the Karuna bogey is actually a security force
creation. Tiger acolytes accept this uncritically (Omigosh! An oxymoron!!)

Kumaratungas announcement of a commission gives the LTTE a golden opportunity
to prove their accusation. Tiger propagandists allege that Kumaratunga is aware of
how the security forces are aiding Karuna cadres and that these activities are
sanctioned unofficially. If so the tigers should participate in the Commission
proceedings and substantiate their charges. They could utilise the reservoir of legal
resources at their disposal to propound their case convincingly.

Kumaratunga cannot afford to make this Commission be "mere eyewash" as charged
by Thamilselvan because it has been set up for international consumption. There is
every chance that the tribunal will be truly independent and go after the truth.
Arrangements could also be made to get down international observers. The Tigers
should also take into account the possibilty that Kumaratunga may have been
genuinely believing that her security forces were not complicit in the attacks on the
tigers. It may be that she has woken up to the reality that she has been fed "bovine
excreta" in the past and wants to find out the truth now. If so the tigers would do well
in participating and expose the truth.

If the LTTE feels that the Commission is really not independent and that it has a
hidden agenda then the tigers should expose that openly. Given the state of Sri
Lanka’s judiciary tiger allegations if substantiated with facts could be credible in the
eyes of international opinion. Outright dismissal of the Commission by the LTTE
political Commissar even before it was set up will only help erode confidence in LTTE
accusations and cast doubts on tiger credibility.

The LTTE cannot rationalise their non - participatory approach on the grounds that
they do not accept the authority of the Sri Lankan state. If so the tigers should not
accept aerial transport by the state; they should not accept armed escort for their
cadres being transported by road. They should not accept state help in getting
medical treatment. The list is long. The LTTE cannot eat the hopper and have it too.
They cannot accept the authority of the Sri Lankan state when it suits them and reject
it when it does not.

If the LTTE continues to be recalcitrant on the question of the Commission it can only
prove the wisdom of that ancient adage. "Seek Justice With Clean Hands". Though
the LTTE waxes eloquent about its cadres being killed or attacked the tigers
themselves are not blameless. It is the LTTE that is responsible for more than 200
killings and disappearances of members belonging to other political groups after the
ceasefire. The LTTE has killed or detained more than 350 cadres suspected of being
Karuna loyalists. The LTTE has massacred many in cold blood in Government
controlled areas. Until the Karuna rebellion the stock response of the LTTE had been
that they cannot be held responsible for what goes on in Government areas.

The Commission could therefore tread on dangerous ground as far as the LTTE is
concerned if it delves into the context in which violence is taking place. Even if the
terms of reference do not mandate the tribunal with such powers no worthwhile
Commission can afford to ignore the backdrop against which the violence is
occurring. So the tiger may well be wary of a trap in participating. Whichever way it
would be a no win situation for the LTTE but its preference should be for the
participatory option.

One problem for Kumaratunga in setting up a Commission of this type is that she
would be prone to charges of adopting double standards. There has been much
violence perpetrated by the LTTE after the ceasefire. No commission has been
appointed in that respect. But when the tigers themselves are at the receiving end of
violence she is appointing a Commission of inquiry. Already TULF President
Veerasingham Aanandasangaree has in a statement called for an extension of the
Commissions mandated period. Sangaree wants all incidents from the time of the
ceasefire coming into force in Feb 2002 to be inquired into.

Given the yawning chasm between LTTE violations of the ceasefire and that of the
armed forces as accounted by the Monitoring Mission an inquiry into all those acts
can only result in the LTTE getting torn into shreds at the Commission. The tigers will
never accept such a Commission. Besides the current objective is to ascertain the
causes and prevent Eastern violence. This is seen as the biggest impediment to the
sustainability of the ceasefire. Under these circumstances Sangaree's request though
eminently reasonable is not likely to be successful.

Security force circles too are perturbed by the appointment of a Commission. One
can see the inspired leaks already. The idea is pooh poohed as unrealistic. The
LTTE will never accept or participate in such a commission it is pointed out. The
Karuna faction on the other hand is openly claiming credit for acts of violence
committed by it. The Kausalyan murder being an example. In that context appointing
a Commission to inquire into those murders is a redundant exercise it is argued.

The interesting aspect in the Karuna faction claim by its spokesperson Cheran is that
the statement goes out of the way to clear the security forces of all involvement.
While the actual killers may be Karuna cadres the question of security force
complicity is still murky. It is widely believed in the East that Karuna cadres have the
protection and support of sections of the security forces. It may not be
institutionalised as the LTTE alleges but some element of collaboration is there. In
that case the security circle jitters may be due to fear that their role in the violence
may be uncovered.

In an environment where the LTTE rejects the Commission and the Karuna faction
keeps away for fear of implication the panel can only rely on the public and the armed
forces. Unlike both segments of the LTTE the armed forces will be compelled to
appear before the Commission. If there is someone to quiz the security officials in a
probing manner much of the concealed dirt could be discovered. It is up to the LTTE
to utilise this opportunity without rejecting it in toto.

Though seemingly unrealistic and unworkable, Kumaratungas idea of a Commission
should not be cavalierly dismissed. It is also imprudent to treat it as one of her
sidetracking devices. If independent judges are appointed to the Commission there is
every chance that an impartial report could be tabled. The tarnished image of our
judiciary could be refurbished. For all this to happen Kumaratunga should continue
with her decision determinedly and appoint a credible Commission. The LTTE that
claims to be the aggrieved party should participate in the proceedings and present its
case. A golden opportunity should not be lost through default.
[Sunday Leader]
" Karuna is now
a brand name
taken under a
bizarre
franchise by
loyalists."
-TamilWeek Feb 20, 2005
"Outright
dismissal of
the
Commission
by the LTTE
political
Commissar
even before it
was set up will
only help
erode
confidence in
LTTE
accusations
and cast
doubts on tiger
credibility."
"It is widely
believed in the
East that
Karuna cadres
have the
protection and
support of
sections of the
security
forces. It may
not be
institutionalised
as the LTTE
alleges but
some element
of
collaboration is
there. In that
case the
security circle
jitters may be
due to fear
that their role
in the violence
may be
uncovered."
"If there is
someone to
quiz the
security
officials in a
probing
manner much
of the
concealed dirt
could be
discovered. It
is up to the
LTTE to utilise
this opportunity
without
rejecting it in
toto."