Rhetoric Aside, Sirisena Cannot Shield Army Generals Accused Of War Crimes For Long
Veluppillai Thangavelu
On 29 August, 2017 Al Jazeera broke the news that Brazuluan lawyers seek to expel Jagath Jayasuriya, Ambassador to Brazil, over abuses in the final phase of the war against LTTE in May, 2009. The lawsuits against Jagath Jayasuriya allege he oversaw military units that attacked hospitals and killed, abducted, disappeared and tortured thousands of civilians in the final phase of the civil war. The army is also accused of killing hundreds of LTTE cadres who surrendered to the army on the evening of May 18, 2009 or thereabouts.
Jagath Jayasuriya who has diplomatic immunity was the Ambassador for Brazil as well as five other countries Colombia, Peru, Chile, Argentina and Suriname. Human rights groups in South America have filed war crimes lawsuits against him who served as a general in Vanni from 2007 -2009.
Although, as a diplomat Jagath Jayasuriya enjoyed diplomatic immunity, the International Truth and Justice Project, which brought the case, wants him expelled and his conduct investigated.
“In the pivotal period between 2007-2009 he was really in charge of what was happening in the Vanni area,” lawyer Yasmin Sooka of the International Truth and Justice Project told the BBC’s News hour programme.
“The UN inquiry found that the army certainly didn’t maintain the distinction between civilians and combatants, and they also violated the law on the question of proportionality.”What was really awful was the perfidious conduct in putting people into no-fire zones and then shelling and bombarding them, which is why you have such a huge loss of life,” Ms Sooka said.
The UN estimates between 40,000 and 70,000 died in the final phase alone when Sri Lanka’s military defeated the Liberation Tigers of Tamil Eelam.
According to the suits, Jayasuriya oversaw an offensive from Joseph Camp in the northern town of Vavuniya.
Lawyers for the Human Rights groups alleged Jagath Jayasuriya oversaw military units that attacked hospitals, schools and tortured and killed thousands of thousands of Tamil people. Allegations persist to this day that the army killed rebel leaders and others after they surrendered or were captured – and the UN admitted in 2012 that it could and should have done more to protect civilians.
Though Jagath Jayasuriya enjoyed diplomatic immunity, the Human Rights groups pursuing the suits hope they will compel regional governments to open investigations of Jayasuriya, remove his immunity and expel him.
Carlos Castresana Fernandez, the lawyer coordinating the effort, told the Associated Press news agency that suits have been filed on 28 August (Monday), 2017 in Brazil and Colombia. “This is one genocide that has been forgotten, but this will force democratic countries to do something,” Fernandez said. “This is just the beginning of the fight and while confessing that international lawsuits across jurisdictions are complicated.
The criminal suits were spearheaded by the human rights group International Truth and Justice Project (ITJP), an evidence-gathering organisation based in South Africa.
Gen Pinochet spent 18 months under arrest in London fighting extradition to Spain. He was a Chilean general, politician and the military ruler of Chile between 1973 and 1990. He remained the Commander-in-Chief of the Chilean Army until 1998.
Some or other the Sri Lankan Foreign Ministry got wind of the moves by the Human Rights groups to file cases in the courts against Jagath Jayasuriya, The Foreign Ministry promptly advised him to return to Sri Lanka to pre-empt any embarrassing situation. Jagath Jayasuriya returned to Sri Lanka on 27 August, 2017 after completing just two years. It was the Yahapalanaya government that appointed General Jayasuriya as Sri Lankan Ambassador to Brazil on 05th August 2015 thus continuing the practice of appointing former military bigwigs who had command responsibility during the last phase of Sri Lanka’s bloody civil war. However, officially the government claimed that Jagath Jayasuriya has completed his tour of duty and that is the reason for his return. The usual period of appointment under a contract is normally for four years later reduced to three years. Two years is an abnormal number.
Before leaving for Sri Lanka, the Ministry of External Relations of Brazil hosted a farewell reception in honour of General Jagath Jayasuriya on 24th August at Itamaraty Palace in Brasilia. The reception was attended by diplomats from Asian and Latin American countries and representatives from Brazilian Government agencies. In reply, Ambassador Jayasuriya thanked officials at the Ministry of External Relations and all other Government authorities both in Central and State Governments for the excellent support given to him during his tenure of service in Brazil. He also said that during the last two years, the Embassy had organized many programmes in and out of the Capital- Brasilia.
The news about Jagath Jayasuriya’ s return to Sri Lanka would have faded away if not for the bombshell dropped by no other than Field Marshall Sarath Fonseka, former Army Commander and later Defence Chief and now the Minister for Regional Development in the cabinet.
Sarath Fonseka told reporters summoned to his office at Rajagiriya on September 01, 2017 that he was aware of “crimes committed on suspects” by Jayasuriya when he was placed in charge of logistics and supplies during the final phase of the war. He went on to say that he received complaints that Jayasuriya was “committing crimes on suspects arrested and held in detention.”I know he committed crimes. I have details and I am ready to come forward and testify before a proper investigation,” Fonseka said.
