Transnational Government of Tamil Eelam

Ministry for Investigation of Genocide, War Crimes, and Crimes

against Humanity
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Rue de la Servette 1, www.tgte.org
1201 Geneva, Switzerland.
_______________________________________________________________________
December 15, 2010

Secretary - General's Panel of Experts on Sri

Lanka UN Secretariat (Library Building, L - 0330
L) New York, NY 10017
USA

Dear Sir / Madam,

The Transnational Government of Tamil Eelam (TGTE), wishes to submit the following materials
for your consideration. TGTE is a democratically elected body of the Tamil diaspora. As the
democratic representatives of the Tamil diaspora, we have collected testimonies from:
Family members of those killed/disappeared.
Family members of those whose loved one's graves were desecrated and destroyed by the
Sri Lankan Security forces.

Executions / Killings:

We have received several testimonies from family members of those killed, including those who
were killed while crossing into the Sri Lankan government held territory with white flags. Due to
space constraints, we are submitting the following testimonies:

a) A statement from the son of a White Flag victim Mr. Nadesan. Mr. Nadesan was the head of
the political section of the LTTE. His son's. Exibit: A1.

2) A statement from the wife of Col Ramesh. Col Ramesh was recently shown on Channel 4. In that
video statement he was seen being interrogated by the Sri Lankan security forces in an undisclosed
location. The Government now claims that he has been killed. Col Ramesh's wife's statement.
Exhibit: A2.

Desecration and destruction of War Cemeteries:

The Transnational Government of Tamil Eelam also wants to bring to your attention, the desecration
and destruction of the graves in war cemeteries of the LTTE cadres. The destruction and desecration
of graves in war cemeteries violates International Humanitarian Laws. Following are some of the
relevant articles to that effect:

Transnational Government of Tamil Eelam warcrime@tgte.org

 The First Geneva Convention on the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field (1949) Art. 17 states “…They (parties) shall further ensure that the dead
are honorably interred, if possible according to the rites of the religion to which they belonged, that
their graves are respected grouped if possible according to the nationality of the deceased, properly
maintained and marked”…

The Third Geneva Convention on the Treatment of Prisoners of War (1949) Art 120. states “…The
detaining authorities shall ensure that prisoners of war who have died in captivity are honorably
buried, if possible according to the rites of the religion to which they belonged, and that their graves
are respected, suitably maintained and marked so as to be found at any time…

…Responsibility for the care of these graves and for records of any subsequent moves of the
bodies shall rest on the Power controlling the territory, if a Party to the present Convention…

The fourth Geneva Convention (IV) on the Protection of Civilian Persons in Time of War (1949) Art.
130 states “The detaining authorities shall ensure that internees who die while interned are honorably
buried, if possible according to the rites of the religion to which they belonged and that their graves
are respected, properly maintained, and marked in such a way that they can always be recognized…

The Sri Lankan Government not only failed to properly maintain the graves in the war graves;
It intentionally destroyed and desecrated the graves in those graves.

There were several war graves in the Tamil areas; where thousands of LTTE members (both military and
political) were buried. These grave sites are where the family members of those buried regularly visited to
mourn and pray for their loved ones. By destroying these graves and graves, the family members of those
buried have been denied their right to mourn their loved ones. We received several testimonies from the
family members whose loved one's grave sites were destroyed and desecrated by the Sri Lankan Security
forces. Due to space constraints, we are submitting the following testimonies:

Exhibit: B1

Exhibit: B2

Exhibit: B3

Some news items relating to the destruction of war graves:

BBC: Why Sri Lankan Tamils won't remember war dead this year?: Exhibit:
C1 http://www.bbc.co.uk/news/world-south-asia-11846369

LankaSrinews.com: Sri Lanka Army obliterates war cemetery, erects military

bases. Exhibit: C2
http://www.lankasrinews.com/view.php?2b35QSX4b43z96ae4b43CWdce2bh3CS3cd3XlpG2e0d15Mv
Dce02l2DI0cd3sksBd0

Transnational Government of Tamil Eelam warcrime@tgte.org 2

Genocide:

During the final stages of the war more than 60,000 Tamils were killed by the use of heavy weapons
and artillery by the Sri Lankan armed forces- an army made up of 99% Sinhalese, and the Tamil
victims perished solely on account of their Tamil ethnicity in violation of article II (a) of the Genocide
Convention. During the final stages of war, hundreds of thousands of Tamils were deliberately
subjected to serious physical and mental harm in violation of Article II (b) of the Genocide
Convention. During the final stages of the war, by the systematic denial of the basic needs of food,
shelter, and medicine, the conditions were created for bringing about the Tamils’ physical destruction,
in whole or in part in violation of Article II (c) of the Genocide Convention. The intent of genocide can
be inferred from the disproportionate use of force. What happened in Vanni during the final stage was
an act of genocide.

We also believe that the desecration of the war memorials was also designed to destroy the identity
of the Tamil people.

Even though the Committee’s jurisdiction is limited during the final stages of war, it is respectfully
requested in order to understand the context of this act the Committee should take into
consideration the political history in the island of Sri Lanka.

What happened in Vanni was the continuation of the structural genocide which the Tamil nation
has been subjected to for the past 30 years.

Representatives of the Transnational Government of Tamil Eelam would like to request a confidential
meeting with you to show our additional testimonies, photographs (including mass graves) and to
facilitate meetings with family members of those victims. (Witnesses). Thank you.

Sincerely,

Deluxon Morris
Transnational Government of Tamil Eelam
TP: 0044 79400 20758 Email : warcrime@tgte.org

Exhibits:

A 1:

A statement from the son of a White Flag victim Mr. Nadesan. Mr. Nadesan was the head of
the political section of the LTTE. His son’s statement:

Q: What is your name?

A: Prabath Suresh Mahendran. DOB *******

Q: How are you related to Mr Mahindran Balasingham (Alias LTTE

Nadasen). A: Son of MR&Mrs Mahindran Balasingham

Q: When did you speak to him last?

Transnational Government of Tamil Eelam warcrime@tgte.org 3

 th
A: 18 May 2009 at around 2am UK time (45 mins before he surrounded)I spoke to My dad, and
rest of the family

Q: What did he say?

A: Dad said that he has spoken to diplomats, and that they advised him to go with a white flag and
surrender to the Sri Lankan Army, but he said that he didn’t believe that him or anyone with him will
be safe. He also said that there are more than 1000 wounded carders and families with him, because of
them he had to go and surrender. He also said that he couldn’t contact Pirabaharan (LTTE leader) for
any instructions. He said that mum and rest of the family were with him along Pulithevan. He said “If I
don’t get back to you within half an hour, please assume that we are not safe.

Q: What do you think happened?

A: Sri Lankan army executed him.

Q: Why do you think so?

A: Because he was unarmed, and the people he was with were political wounded carders and families.
I have had information from people who have seen my dad,mum and pulithevan and others being taken
by the army. If needed I can give the details of those people, provided that UN panel gives them a
witness protection scheme as they are still living in Sri Lanka.
In the last days, his main concern was the safety of the others, and he was always thinking and acting
in the best interest of the people around him. Because he was the one who was in charge of the
wounded and political persons and everyone wanted to get medical care for the wounded.

Q: What do you want from UN?

A: Independent enquiry into my family’s death and to bring the perpetrators to justice
Can UN contact
you? Yes
Contact details
**********

A 2: A statement from the wife of Col Ramesh. Col Ramesh was recently shown in Channel 4. In
that video he was seen interrogated by the Sri Lankan security forces in an undisclosed location. The
Government now claims that he has been killed. Col Ramesh's wife 's statement. Exhibit: A2.

Vanakam,
My name is Vathsala Devi I have three children. The eldest is a daughter 11 years called Meliha. The
second is a son called Prathban nine years old. The third one is a girl four and a half years old. My
husband is called Thurairajasingham born 1964 Sept 18th. He got involved with the LTTE in 1984.
He was given a higher post in the organisation. The name he was given by the LTTE is Ramesh. He
was given the position of Cornel. We were living in the open, because the war had escalated and the
territory we lived was under the occupation by the SLA (Srilankan army). As the army was occupying
our land we had to leave. I was a bit poorly and evacuated along with other civilians along with my
th
three children. We left on 28 April. I was forced to live in various places due to the conflict for
nearly one month. I was in contact with my husband all the time.
Q: Which year did you leave?
th
A: 2008 April 28 we left to Batticola in East. I had contact with my husband, but however the
authorities got to know that Cornel Ramesh’s family have left the zone (escaped). We couldn’t stay there
th
anymore and therefore left to South Africa. My Husband last spoke to me on 15 May 2008 for

Transnational Government of Tamil Eelam warcrime@tgte.org 4

the last time.
Q: 2009
th
A: Yes 2009. My husband spoke to me on 15 May 2009 (Which was the last time) he said that the
authorities have got to know that we have escaped and to leave the country in possible way. He also
said that he will join us some time in the future. We will have to full fill our duties and will join you
soon. Here may be a period of silence or quietness from our side, but we will be in touch after that
period of silence. However, I have not heard or received any information in the last one and a half
years. I hear and believe that my husband is still alive and that the UN is too aware of this episode by
the leaked video. At the same time I am living with my three children here. It is also certain and proof
that the SLA arrested him which is evident via the video. What I’m asking the UN is; that I am living
with my three children here, and my request is to get my husband freed from prison and also away
from Sri Lanka.
Q: Do you think that your husband is still alive in captivity by the SLA?
A: I’m not sure if he is alive, but the CD (Video) which is definite proof that he was captured alive. I’m
not sure how old this Video is but the SLA should know that he is in captivity and is still alive. I hope
and pray that my husband is still alive. SLA will have to inform me of my husbands’ whereabouts. The
UN must intervene and urge the SLA to submit reports of my husbands’ situation. UN must investigate.
My husband has been arrested for such a long time without any communication what so ever. We are
living in suspense and in horror over my husbands’ safety. The UN must get a reply from the SLA. I
have the right to know if my husband is still alive or not. If my husband is alive I demand that the UN
gets him released and also get him out of Sri Lanka. People are telling different stories and I need to
know the truth.
Q: If the SLG (Sri Lankan Government) says that he was killed in battle, what are your thoughts?
A: If my husband was killed in battle we would have got to know. When I was there, there were news
reports that my husband was killed, but no corpse was shown, therefore I didn’t believe that. Now I am
aware and have proof that my husband was arrested by the SLA thanks to the leaked video. This video
is which is circulating shows my husbands’ surrender, therefore he didn’t die in battle. He was captured
alive.
Q: So if he is dead, do you believe that the SLA killed him and there is reasonable evidence that this
is war crime?
A: I agree fully. If a prisoner dies in custody then it is a matter for the UN to investigate.
Q: If your husband is alive, you will want him released and if he is dead, you demand a war-crimes
investigation, is it right to assume so?
A: Yes of course. The SLA did arrest him and it is evident in the video, so I need to know what
happened to him. What happened during investigations etc. The SLA had arrested him and remanded
so it is their responsibility to explain. There is proof for his arrest and if anything has happened to him
then the UN should investigate over his death. It is a war crime if my husband is no longer alive.
Q: We hope that the UN will investigate and hope they will be in touch with you. This may not be the
only crime there are many others that the SLG, which is answerable. Do you give your consent for the
UN authorities to contact you in the event of any further investigation into your husbands’ well-being?
A: Surely. I am ready to answer any questions in regards to my husband and willing to testify at
anytime to save my husbands’ life.
Q: Thank you for this interview and we will do our best and hope the UN will take your husbands’
case seriously and do all it can to release him
A: Sorry to interrupt I want the UN to intervene into my husbands’ whereabouts and let me
know immediately as a matter of urgency and get back to me ASAP.
Q: I sincerely hope your request will be met by the UN and that you will hear soon from
UN. Thank you.
Mrs. Vathsala Devi

Transnational Government of Tamil Eelam warcrime@tgte.org 5

B 1:

I Mr Thibaharan Thiyagarajah currently living in ********

My brother Thivantheran (Santhirani ltte name) joined LTTE in Apr 1993

He was killed on 21st June 1998 in Mangulam.

th
He was buried in Uylang Kulam (Thunakai) Maveerar cemetery on 26 June 1998.
Our family my father and Mother Mr@ Mrs Kanthasamy Ruthirapathy regularly visit that cemetery
to remember and mourn. We light lamps and pray.
After the Mullivaykal incidents the cemetery was destroyed and desecrated by the Sri Lankan
armed forces.
Now we can't mourn our lost relative.
Since I am living in UK, I am writing to you. But my relatives in Sri
Lanka are too scared to write to you.
Thank you.
Sincerely,Thibaharan Thiyagarajah
Contact details: (UK) ******

B 2:

I Mrs Thibaharan currently living in

******

My brother Pulanthiran (Thuvaragan ltte name) joined LTTE in Apr 1993

th
He was killed on 9 May 1997 in Poonageri sea.
th
He was buried in Vani Vilang kulam (Mankulam) Maveerar cemetery on 15 May 1997.
Our family my father and Mother Mr& Mrs Selaiya regularly visit that cemetery to remember and
mourn. We light lamps and pray.
After the Mullivaykal incidents the cemetery was destroyed and desecrated by the Sri Lankan
armed forces.
Now we can't mourn our lost relative.
Since I am living in UK, I am writing to you. But my relatives in Sri
Lanka are too scared to write to you.

Thank you.

Sincerely,

Mrs. Thibaharan
Contact details: (UK) *******

Transnational Government of Tamil Eelam warcrime@tgte.org 6

B3:

I Mrs Kajaluxmy Jeyatharan currently living in

************
2) My syster uthaya luxmy (sunthari ltte name) joined LTTE in Apr 1987 as a head of women
political wing.
th
She was killed on 19 Dec 1990 in Palali, Jaffna.
st
He was buried in Ellangkulam Maveerar cemetery on 21 Dec 1990.
Our family my father Mr Kanthasamy Ruthirapathy regularly visit that cemetery to remember and
mourn. We light lamps and pray.
After the Mullivaykal incidents the cemetery was destroyed and desecrated by the Sri Lankan
armed forces.
Now we can't mourn our lost relative.
Since I am living in UK, I am writing to you. But my relatives in Sri
Lanka are too scared to write to you.

Thank you.

Sincerely,

Kajaluxmy Jeyatharan
Contact details: (UK) *******

*********

C 1:

BBC: Why Sri Lankan Tamils won't remember war dead this year?: Exhibit: C1

http://www.bbc.co.uk/news/world-south-asia-11846369

Around the world, Sri Lanka's diaspora Tamils are meeting to mark Maveerar Naal (Heroes' Day)
and remember those who died during the failed insurgency.

But back in the Indian Ocean island nation, many Tamils are either too scared of official retribution,
or too apathetic to mark the second 27 November commemoration since the rebels' defeat last year.

Transnational Government of Tamil Eelam warcrime@tgte.org 7

The Sri Lankan government has meanwhile been busy destroying the war graves and other memorials
for the 20,000 insurgents killed during the three-decade conflict.

One such cemetery has been turned into a playground; another in Jaffna was converted into an army
camp.

“Start Quote

Destroying graves is unacceptable, those people who were buried there are humans”

End Quote Suresh Premachandiran MP

Suresh Premachandiran, an MP from northern Jaffna, says his party, the Tamil National Alliance, has
tried in vain to stop the demolition of war graves.

"Destroying graves is unacceptable," he said. "Those people who were buried there are humans. They
fought for the Tamil people."

He continued: "Recently when some Tamil civilians lit lamps to mark a Hindu festival in Kilinochchi,
the local police thought they were trying to pay homage to the LTTE war dead and beat up them up." In
the past, large numbers of Tamils visited these war graves. In many places, cultural programmes would
also take place. But now they're not sure what to do.

"Those who lost their relatives would like to remember them," says Selva, a resident of Colombo, who
did not want his full name published. "But if they do any kind of public display - like garlanding the
photos of people in LTTE uniform, they will be arrested."

Sri Lanka's deputy high commissioner in the UK, P M Amza, defended his government's decision to
demolish war graves, labelling them a rebel propaganda tool.

Sam Krishna, media coordinator of the British Tamil Forum, said: "In addition to remembering those
who sacrificed their lives for the Tamil cause, we will use the occasion to focus on the war crimes."We
will once again press for an independent inquiry."

C2:

2) LankaSrinews.com: Sri Lanka Army obliterates war cemetery, erects military bases.
Exhibit: C3

http://www.lankasrinews.com/view.php?2b35QSX4b43z96ae4b43CWdce2bh3CS3cd3XlpG2e0d15Mv
Dce02l2DI0cd3sksBd0

Transnational Government of Tamil Eelam warcrime@tgte.org 8