Sons and daughters missing, missed, forgotten: LLRC’s failure in Sri Lanka

 By Dushiyanthini Kanagasabapathipillai

Tamil mothers, sisters, wives and daughters have not yet given up their hopes to find their disappeared sons, brothers, husbands and fathers. The tragedy of endless search continues for them.

"Give Back: Tell the Truth" ~ banner by the Northern Tamil families of the disappeared

  


















  

Tamil mothers and wives whose sons, daughters and husbands have disappeared over the past few years, have recently gathered in front of the United Nations Office in Colombo

Some Tamil women have more than one tragedy to digest. Vasanthathevi Kathirkamanathan is still searching for her missing daughter. And, her husband has been missing since May 2009. “I don’t know whether he is alive or dead. My relatives want me to believe that he was hit by a shell during the heavy fighting in May 2009, and died on the spot. But, he was with me till the last moment on 18^th May 2009. If he was hit by a shell, and died on the spot, I must have seen his dead body. Since, I have not seen his dead body, I am unable to believe that he was killed. I strongly feel he was made to disappear. My life is in limbo” says tearful Vasanthathevi Kathirkamanathan from Ananthapuram, Puthukkudiyiruppu in Mullaithivu District. She leads her lonely life in a former war zone haunted day and night by the memories of her beloved husband and daughter.

 "My daughter has been missing since 15th of May 2009 from Valaijarmadam" ~ Vasanthathevi Kathirkamanathan from Ananthapuram, Puthukkudiyiruppu in Mullaithivu District

“My husband went missing when he was on his way to the paddy field in Vavuniya. Four youths wanted to see the paddy filed as it was a holiday. My husband took these four young men to the paddy field in 2007, and nobody has returned. I have searched for my husband everywhere, and I have not yet found him anywhere” ~ Thevakala Indrapalan from Vavuniya.

 "My husband has been missing since 17th of May 2007" ~ Thevakala Indrapalan from Vavuniya

It’s shocking for many mothers, sisters, wives and daughters who have witnessed while their sons, brothers, husbands and fathers were being abducted right in front of them.

“My son was abducted by armed men who came to our house on 11^th of September 2008. I have visited all the detention centres in the country, and I have not been able to find him yet” ~ Uthayachandra Manuel from Mannar.

 "My son was abducted from home on 11th of September 2008" ~ Uthayachndra Manuel from Mannar

Most of the families have lost their main breadwinners after the men folk have gone missing for a longer period of time.

Devi Kanthasamy’s son was the only breadwinner to the family. “He was a lorry driver, and has been missing from Omanthai checkpoint since 2006”.

 "My son has been missing since 6th of May 2006" ~ Devi Kanthasamy from Kandaavalai in Kilinochchi District

As Sri Lanka is going through post war period, many have forgotten about the disappeared persons.

“My son went to the town to stitch a new pair of cloth to celebrate the Church feast. But, he never returned” ~ Bernabet Sandya from Mannar.

 

"My son has been missing since 31st of January 2007" ~ Bernabet Sandya Sebasthiyaar from Mannar

The cruel war in Sri Lanka has not spared women. It has made many Tamil women to go missing.

“My daughter has passed the Year 5 scholarship exams, Year 9 Provincial level exams with colours. She wanted to be a teacher, and serve the community which is torn a part due to war” tearfully shares Puvaneswari Ramakili from Vidaththaltheevu in Mannar District.

 "My daughter has been missing since 7th of April 2009 from Puthmaaththalan in Mullaithivu District" ~ Puvaneswary Ramakili from Vidaththaltheevu in Mannar District

Most these families have experienced war, lost lives and properties, and displaced more than once during their life time.

“My son is a fisherman, and has been missing since 2008”~Sebamalai Sinnaththurai Perera.

 

"My son has been missing since 19th of June 2008" ~ Sebamalai Sinnaththurai Perera from Mannar

A handful of individuals, and organizations are actively supporting the families of the disappeared to gather relevant documents, talk to them, file cases and mobilize. One such active clergyman is Reverend Fr.Emmanuel Sebamalai. “The Government has appointed the Lessons Learnt and Reconciliation Commission. How many recommendations have been fulfilled so far? No action has been taken against the enforced disappearances. No Special Commissioner has been appointed yet to investigate the alleged disappearances. The Governments has systematically prevented the families from the North, and not allowed them to travel to Colombo to participate in a mass protest, and hand over a petition to the United Nations Office in Colombo. Does this mean true reconciliation? These families of the disappeared need justice, and they strongly urge for accountability” states Reverend Fr.Emmanuel Sebamalai, Parish Priest of Thaazhvuppaadu in Mannar District.

 "Tamil people have lost lives and properties, got displaced multiple times and many have been made to disappeared. We, as Catholic priests have decided to help these families of the disappeared who are still searching for the loved ones. We will continue to fight along with our Tamil brothers and sisters, despite numerous threats" ~ Reverend Fr. Emmanuel Sebamalai, Parish Priest of Thaazhvuppaadu in Mannar District

Many of these women have multiple stories to share. They continue to bear the pain, and immediately pour their hearts out with a person whom they trust, and who speaks the same language. Several of these women, whom I have been in touch for many years, continue their hopeful journey praying a miracle would make their missing loved ones to return home sooner than later.

It’s noteworthy, although the Lessons Learnt and reconciliation Commission (LLRC) states the following recommendations, nothing has been fulfilled so far.

9.48 states:

Direct law enforcement authorities to take immediate steps to ensure that allegations of abductions, enforced or involuntary disappearances, and arbitrary detention are properly investigated into, and perpetrators brought to justice.

9.51 States:
Appoint a Special Commissioner of Investigation to investigate alleged disappearances and provide material to the Attorney General to initiate criminal proceedings as appropriate. Provide the Office of the Commissioner with experienced investigators to collect and process information.
Devise a centralized system of data collection at the national level, integrating all information with regard to missing persons.

9.59 States:
Frame domestic legislation to specifically criminalize enforced or involuntary disappearances.


The above article was originally posted on Groundviews on 17^th March 2013. Link for the story http://groundviews.org/2013/03/17/sons-and-daughters-missing-missed-forgotten-llrcs-failure-in-sri-lanka/


 Courtesy: Groundviews

"Bring them back home"

Mothers, wives and sisters of several LTTE surrendees are demanding that they be reunited with their family members, four years after the war

Story and pix by Dushiyanthini Kanagasabapathipillai


War came to an end in May 2009, but that did not put an end to the suffering of the communities. Even today, numerous Tamil families await justice for their families and friends in Sri Lanka.

 This tale is similar but also different. Different because it highlights the plight of women – mothers, wives and sisters – who are waiting for the men in their families to return home, post war. That story is so common to many thousands here. But it is different because these women are refusing to accept the loss of their dear ones as mere ‘collateral damage’ or ‘natural’ during war conditions.

 These are men who were associated with the Liberation Tigers of Tamil Eelam (LTTE) and surrendered during the final battle to the security forces, in a final bid to save their lives. Given to them was a firm undertaking that their lives, along with their families, would be safe.

 For the women who have been waiting to be united with their family members after their surrender, it is not merely a matter of emotion but of justice. It is a right at least two women in this group have sought to have enforced through the arm of law.

 Family members protesting the loss of their loved ones before the UN Office, Colombo


Uppermost in the minds of these women is the absence of justice after their family members voluntarily surrendered to the security forces. They demand justice – and the return of the male members of their families. Despite all odds, they firmly believe they have a cause and are now in active pursuit of justice.

 Eyewitnesses to surrender

 According to these women, their family members had surrendered to the military in May 2009, both during and at the end of the war. These women also claim to have actually witnessed the respective surrenders, during those final days of war.

 Since then, the relatives have continued to search for their missing kith and kin and are now despairing, as it daily dawns on them that these surrendees are not likely to return home, no matter how much they hope that they would.

 The Paris-based former LTTE international spokesperson who later became the Project Coordinator of the Tamil Rehabilitation Organization(TRO) in Vanni, Lawrence Thilagar, Tiger Political Wing Deputy Leader, Thangan alias Sutha Master, LTTE Administrative Wing Head, Poovarangan and Jaffna Political Wing Leader, Ilamparithy, were among a group of senior Tiger commanders who were last seen surrendering to the security forces in the Vanni region on 18 May 2009, accompanied by a Catholic priest, Rev. Fr. Francis Joseph – never to be heard of or from – again.

“My son Vijayapaskaran (32) surrendered on 18 May 2009, in Vattuvaagal, along with many senior combatants, who were accompanied by a Catholic priest, Rev. Fr. Francis Joseph. I witnessed my son’s surrender as well as others’. The military took the surrendered combatants in a bus, and promised me, as I continued to stay there, that they will inform about their whereabouts, once they are taken to safety. In the past four years, I have visited all the detention centres in the country, but I did not find my son anywhere.

I have waited for far too long and I am getting old.  I want justice for my surrendee son before I die,” says an emotionally charged Pushpaambaal Thanabalasingham (53), a grieving mother from Kumuzhamunai, in the Mullaithivu District.

 

Pushpaambaal Thanabalasingham from Kumuzhamunai,,Mullaithivu District

 “My son-in-law, Nadesu Muralitharan (37), served the LTTE’s Intelligence Unit, until the end of the war. My daughter, Krishnakumari (30) and their children Saariyan (5) and Abitha (3) surrendered to the military together with Nadesu, on 18 May 2009. I visited all the detention centres and I could not find my family members. They surrendered along with several senior combatants of the LTTE, accompanied by Rev. Fr. Francis Joseph. The surrender took place in Vattuvaagal in the Mullaithivu District and I witnessed their collective surrender.


I have searched everywhere for my son-in-law, my daughter and my two grandchildren. Almost four years have gone by since the war ended, but I have not heard a single word about my family members after their surrender to the security forces in Mullaithivu. I have decided to file a writ of habeas corpus,” says a defiant Ponnamma Kanthasamy (60) from Kandavalai, in the Kilinochchi District.

Ponnamma Kanthasamy from Kandavalai,, Kilinochchi District

It’s noteworthy that most of the mothers, sisters, wives and daughters witnessed their sons, brothers, husbands and fathers in the act of surrender to the security forces, thus rendering them eye witnesses to their surrenders, during the final phase of the war.

“My husband Sinnaththurai Sasitharan (43), popularly known as Ezhilan, was the Political Wing Leader for Trincomalee District. He surrendered along with many senior combatants like him, accompanied by Rev. Fr. Francis Joseph.

 “I still have reason to believe that the government is keeping my husband, possibly in some secret place. I need to know where he is and to have him released urgently as promised to the families of all surrendees,” asserts Ananthy Sasitharan (41).

 These families of LTTE surrendees have waited for justice since May 2009. Nothing has happened to alter their collective fate of having to wait for their family members and some of these anxious women have now resorted to legal action. Family members of five such surrendees have recently filed writs of habeas corpus at the Vavuniya High Court.

 “The families of the surrendees are suffering without justice. These people were not taken into custody but were surrendees. As such, the government should be accountable for their safety and should be answerable. We believe, the State should not continue in this manner without ensuing justice,” adds Ananthy.

 

Ananthy Sasitharan, wife of Sinnaththurai Sasitharan alias Ezhilan

Meanwhile, there are many questions that remain unanswered relating to their safety and wellbeing.

“Where are the combatants who surrendered to the armed forces in May 2009? Family members of the surrendees have a right to truth and to the safe return of these persons. What happened to them after their acts of surrender? The Lessons Learnt and Reconciliation Commission (LLRC) has made clear recommendations with regard to surrendees, which should be duly implemented.

That is mandatory for people to receive justice and for all of us to move ahead, towards reconciliation. The government was expected to create a centralized database containing the names of all detainees which should have been made available to the next of kin with their names, place of detention as well as the record of transfers, if any. Nearly four years have passed, but where is the list?” queries Rev. Fr. Emmanuel Sebamalai, Parish Priest of Thaazhvuppaadu in the Mannar District.

 Rev. Fr. Emmanuel Sebamalai, Parish Priest of Thaazhvuppaadu, Mannar District

For the family members of surrendees, it is of extreme importance to know what happened to their loved ones. They need information and justice to move on, bringing closure to this dark and painful episode in their collective lives.


LLRC Recommendations on surrendees


The Lessons Learnt and Reconciliation Commission (LLRC) report contains four specific recommendations relating to the surrendees.


9.23 – Launch a full investigation into allegations of disappearances after surrender/arrest and where such investigations produce evidence of any unlawful act on the part of individual members of the Army, to prosecute and punish the wrongdoers.


9.48 – Direct the law enforcement authorities to take immediate steps to ensure that allegations (of abductions, enforced or involuntary disappearances and arbitrary detention) are properly investigated into and perpetrators to be brought to justice.


9.51– Appoint a special Commissioner of Investigation to investigate alleged disappearances and provide materials to the Attorney General to initiate criminal proceedings as appropriate and to provide the Office of the Commissioner with experienced investigators to collect and process information.


9.63 – Create a centralized database containing a list of detainees, which should be made available to the next of kin with names, places of detention as well as the record of transfers.


Accordingly, (1) Publish a list of names of those in detention.


(2) Issue a certificate when a person is discharged, so that the same person is not taken into custody again, unless new evidence is discovered against him


(3)Look into the general issue of law delays to expedite prosecution or discharge detainees.

Courtesy: CEYLON TODAY