Mahinda Gunasekera Toronto, Canada

It was reported on October 25, 2014, that a Tamil Tiger Cadre named Sinnathamby Sinnarasa who had avoided rehabilitation at the conclusion of the armed conflict ended on May 19, 2009, had been arrested and found to be in possession of ‘blank UNHRC War Crimes Submission Forms’ with signatures of unknown Tamil IDPs since re-settled in the northern region. This was also disclosed by Sri Lanka’s Minister of Foreign Affairs, Prof. G.L. Peiris, to the Deputy Country Director of the UNDP and the High Commissioner of Australia, and  to Heads of Missions and Representatives of the main proponents of Resolution of March 2014 which was sponsored by the USA, UK, and Canada, authorizing the UNHRC to carry out an investigation of violations of HR and International Humanitarian Laws by Sri Lanka over the same period covered by Sri Lanka’s internal review by her Lessons Learnt and Reconciliation Commission (LLRC).

Sri Lanka’s Foreign Minister further revealed that on questioning the LTTE cadre Sinnarasa, he had admitted that he had been recruited by one Alva Pulle Vijendrakumar alias Sun Master per LTTE Code Name, who was a close associate of the Tamil National Alliance (TNA), a proxy political party of the banned LTTE, to obtain signatures on the blank UNHRC forms on the assurance that it was for obtaining monetary compensation from the UN. Sun Master had further instructed that he also collect from the signatories copies of death certificates of family members if any, National Identity Card details of persons who had lost their lives during the last phase of the conflict (not withstanding the fact that it was a combatant or one who may have died of snake bite injury or other natural cause) and personal data of war widows and photos of disabled persons. Sinnarasa was also in possession of a diary containing details of over 400 persons who were deemed missing, dead or injured. Sinnarasa’s handler Sun Master had telephoned him even while he was being questioned by the police.

There is clear evidence of numerous telephone communications between Sinnarasa and Sun Master on a daily basis in the last couple of months. It is clear that several others have been employed by Sun Master to gather similar information including signatures on special serially numbered ‘blank  UNHRC War Crimes Submission Forms’ made available to the TNA and most likely, the pro-LTTE Tamil diaspora fronts which funded the 30 year separatist violent campaign in Sri Lanka. We would also like to know if there was an offer of compensation by the UNHRC or any sponsor of the Resolution against Sri Lanka to those signing the blank submission forms by way of an incentive?

Sri Lanka’s External Affairs Minister expressed concern that there is evidence indicating a close association between prominent personalities of the Tamil National Alliance and Sun Master. Although the TNA has denied that Vijendrakumar alias Sun Master is a TNA official, there is ample evidence including photos of his having played a prominent role in the activities of the political party at several public events. It appears that Sun Master has done the vanishing trick by taking a boat ride across the 22 miles of ocean known as the Palk Strait separating the island from South India. He is apparently in the process of seeking asylum in a western country with the likely assistance of a senior diplomat from a country which has banned the LTTE, with whom he is seen in the photo displayed below.

It is indeed shocking and a matter for regret that the OHCHR-UNHRC secretly arranged to deliver specially printed ‘ War Crimes Submission Forms’ to agents and members of the Liberation Tigers of Tamil Eelam (LTTE), one of two parties involved in the conflict, whose actions are also being investigated in terms of the same Resolution adopted by the UNHRC. While a formal public announcement made on August 1, 2014 by OISL fixed the deadline for all submissions to be received no later than 12 midnight of October 30, 2014, it is now learnt that an OHCHR Spokesperson in response to a query raised by a Sri Lankan newspaper on November 2, 2014, had unofficially intimated that while the official deadline was 30^th of October that late submissions will be accommodated. This decision has apparently been taken following the request made by Ms. Ananthi Sasitharan, TNA member of the Northern Provincial Council, for an extension of the closing date from the three experts of the OISL. These ad hoc transgressions of the OHCHR’s investigation of the conflict in Sri Lanka concluded in May 2009 reflects badly on the integrity and transparency of this UN body.

The other matter of serious contention is the filling out of the blank, pre-signed UNHRC War Crimes Submission Forms by persons supportive of the LTTE other than the signatories, who would invent horror stories for the consumption of the OISL, to mislead, blame, shame and demonize the Sri Lankan Security Forces and the authorities.  The ghost writers who would fabricate these tales could develop a non-existent pattern of abuse and violations and paint a false picture in the minds of the investigators. Was this same procedure of issuing blank ‘War Crimes Submission Forms’ adhered to in the case of the UNSG’s Panel of Experts on Accountability in Sri Lanka? In the latter case, the investigating panel recommended the locking away of the submissions for a period of 20 years, supposedly to safeguard the witnesses from coming to any harm. If a similar procedure were to be adopted by the OISL, there will be no way to ascertain the identities of the parties making submissions and determining the truth from them.

When Sri Lanka an equal member of the UN and UNHRC is raising valid concerns relating to serious shortcomings of the OHCHR investigation, it is indeed ludicrous to have the new Head of the UNHRC, Zeid Ra’ad Al Hussein, embarking on a tirade against Sri Lanka, condemning and criticizing the Sri Lankan Government of carrying on a campaign of distortion and disinformation and making insidious attempts to prevent bona fide witnesses from submitting information to the OISL. Mr. Al Hussein, do not merely be a mouthpiece for another power, but looking within and heal thyself.

It is regrettable that the UNHRC adopted Resolution A/HRC/25/1 at its sessions held in March 2014 granting the High Commissioner an investigative mandate in violation of HRC Resolution 60/251 and the IB package, which is in contravention of the defined limits of authority granted to the Commissioner. I find the whole OISL process rotten, and it would be better to investigate the UN and the UNHRC and make it work as an impartial body as otherwise it is bound to lose the confidence of the members and self-destruct before long.

Sun Master and US Embassy Political Affairs officer Mike Erwin

http://www.thesundayleader.lk/2014/11/09/questions-raised-on-the-transparency-and-integrity-of-the-oisl/

Yours sincerely,

Mahinda Gunasekera

Toronto, Canada