KAMALIKA PIERIS

REVISED 31.10.18

This essay looks at the Yahapalana government‘s attitude to the armed forces of Sri Lanka.    It does not deal with the Geneva resolution on Eelam War IV.

Perhaps no other country has ill treated its disabled service and police personnel in a more shameful and despicable manner than Sri Lanka, said an Island editorial in September               2016.  ‘We watched with shock and dismay  as the police used water cannon and tear gas to disperse a protest march of those disabled service men who were denied pensions because they had retired due to permanent injuries before completing the stipulated period in service.’

Not only were they were tear gassed and exposed to water cannon, they were physically chased away by police anti riot squads when they attempted to march towards the Presidential secretariat. This was shown on television news. The disabled military personnel then engaged in a fast opposite the Fort railway station, in the rain, in April 2017, demanding their pension rights and vowed to continue till the government gave their demands.  They were still complaining about the matter in August 2017.

Yahapalana has shown a deep animosity towards the war winning armed forces and has gone after those who led the Eelam War. After the ‘regime change’ of January 2015, a good cross section of the entire military high command that won the war against terrorism has been investigated, questioned, arrested or remanded over some criminal investigation or the other, observed Chandraprema. Chandraprema has provided a list of them.

Gotabhaya Rajapaksa, former Defence Secretary was questioned by the Presidential Commission of Inquiry into Serious Acts of Fraud and Corruption, the Financial Crimes Investigation Division (FCID), the CID and the Commission to Investigate Allegations of Bribery and Corruption. We have lost track of what he has been questioned about but they range from financial misappropriation to abduction to removing scrap iron from the abandoned KKS cement factory, said Chandraprema.

Jagath Jayasuriya, former Army Commander and Vanni Commander during the war,   was questioned by the CID in relation to the disappearance of journalist Prageeth Ekneligoda. Daya Ratnayake, former Army Commander and a key figure in the Eastern theatre of the war   was questioned by the Presidential Commission of Inquiry into Serious Acts of Fraud and Corruption about the removal of scrap iron from the Kankesanturai Cement factory. Kapila Hendawitharana, former Chief of National Intelligence, was questioned by the FCID over transactions relating to a Jaffna-based satellite television group.

 

Donald Perera, former Air Force Commander and Chief of Defence Staff during the war, and Roshan Goonetilleke, the Air force Commander during the war were both questioned by the FCID regarding the 2006 MiG deal. Jayanath Colombage, Somatilleke Dissanayake and Jayantha Perera, former Commanders of the Navy were charged by the FCID over the Avant Guard case. Wasantha Karannagoda,   Navy Commander during Eelam war IV was questioned by the CID over the disappearance of several youth in 2008 – 2009.

Apart from the top ranking personnel mentioned above, second tier military officers have also been questioned, arrested, charged over various allegations. Among them are Major Gen. (Rtd) Mahinda Hathurusinghe, former Security Forces, Commander Jaffna  Major Gen. (Rtd) Udaya Perera, Director Operations of the Army during the war, and Navy Commodore D.K.P.Dassanayake.

The intelligence divisions of the armed forces were specially hunted down, with many persons ranging from senior officers to corporals and soldiers spending varying periods in remand prison. These include former Director of Military Intelligence, (DMI) Amal Karunasekera and Major Gen. Suresh Sally, also a former DMI. Former navy intelligence director Ananda Guruge and   Lt. Commander Sampath Dayananda, a navy intelligence officer attached to the Welisara navy camp were arrested over the abduction and disappearance of Vadivelu Pakkili Sami Loganathan and R. Paramananthan.

Three former intelligence officers of the Sri Lanka Navy were arrested in 2016 in connection with the murder of parliamentarian Nadarajah Raviraj in 2006.  They were acquitted by the High Court in  December  2016 in a judgment given by Court past midnight. It was the longest hearing of a case in history of the Court, before a special Jury Committee. The examination of witnesses commenced at 10:45 a.m. and went on until midnight.

However, in January 2017, Attorney General filed an appeal in the Court of Appeal seeking a re-trial. He said that the trial process was not appropriate and reasonable to make a just and fair verdict, the jury system was not suitable for this case and   there were several deficiencies in the summing up of the trial judge. The Attorney General contended that several important legal concepts which are relevant to the case were not considered by the trial judge.

Many other officers have   been questioned or arrested and remanded, observed Chandraprema. Former STF commander Retd DIG K.L.M. Sarathchandra was remanded in November 2016 for allegedly misusing a vehicle belong to the STF. The photo showed an angry Sarathchandra being led away by the police.

The former Navy Spokesman Commodore D.K.P.Dassanayake and five others were arrested and remanded in connection with a series of alleged war time abductions, unrelated to the war. The others arrested included several seamen and Commander R.P.S. Ranasinghe,  who was the senior intelligence officer in the East. Lt. Commander Munasinghe was out on bail. Lt Commander Sampath Hettiarachchi is absconding.

This group was charged with the kidnapping of 11 persons from Colombo, Wattala, Kotahena, Dehiwala and Katunayake areas, in 2008. These 11 persons were not involved in any terrorist activity, they were kidnapped for ransom. They were kept at Chaitya Road, Colombo  and then taken to the ‘Gun side’ underground prison   in the Navy Camp in Trincomalee.

Hettiarachchi and Munasinghe, it is alleged had used the officers under them to kidnap the youths. Dassanayake was arrested for allegedly overseeing the two intelligence units under investigation for these abductions. However ‘Island’ newspaper   was told that Dassanayake had not been Director Naval Operations (DNO) nor in charge of special teams led by Lt Commander Ranasinghe and Lt. Commander Hettiarachchi, allegedly responsible for these abductions.

The kidnapped youths were Rajiv Naganathan (21 years, Colombo 13), Pradeep Vishvanathan (18, Wasala Rd, Colombo 13), Mohammed Sajith (21, Dematagoda), Thilakeswaram Ramalingam (17, Bloemendhal housing complex, Colombo 13) Jamaldeen Dilan (Maradana), Kasthuriarachchilage John Reid (21, Kotahena), Anthony Kasthuriarachchi (48, Kotahena) Kanagaraja Jegan (32, Trincomalee) Amalean Leon (50, Arippu) and his son Roshan Leon (21 years). The informant, intelligence agent Anwer Ali, was also kidnapped, over issues related to ransom.

Rajiv Naganathan was a student from a Colombo International School and he was abducted a day before he was to leave to the UK for higher studies.  According to the media, his parents had decided to gift him a BMW vehicle for having passed his exams. His birthday parties were held in ‘famous hotels’. Therefore he was chosen as a likely candidate to be held for ransom. On the day he was kidnapped Naganathan had dinner with friends, and was planning to get a haircut in a ‘famous salon’ and then meet Anwer Ali.

Having kidnapped Rajiv, the kidnappers had called his parents and asked for Rs 10 million. This was reduced to Rs 1 million    or Rs 5 million. The   same news report gives both figures in two different paragraphs. Rajiv was allowed to phone his parents from Trincomalee. Amalean Leon had come to Colombo with his son Roshan, to apply for a visa to the United Kingdom. They were staying at the Ramanadan Flats in Kotahena.  Thiyagaraja Jegan was working at a jewellery shop in Colombo 13. Jegan’s mother was asked for Rs. 1 million reduced to Rs. 500,000. According to a news statement of August 2017,   CID is now looking for the bodies. The case is proveeding.

Vice Admiral Wasantha Karannagoda has initiated legal proceedings against Navy Commander Vice Admiral Travis Sinniah in respect of a recent statement made by the latter to the Criminal Investigation Department (CID), that that Karannagoda and his staff had been aware of the detention and subsequent killing of those who were detained at the gun-sites numbered 1 and 2 at the Trincomalee navy base. At the time of the alleged use of gun-sites numbered 1 and 2 at the Trincomalee navy base, Sinniah had been the Deputy Area Commander. Retired Rear Admiral U. K.V. Bandara has taken similar action against Sinniah.

Retired Navy Chief of Staff, Rear Admiral Sarath Weerasekera has urged the government to either prosecute or release the officers presently held in remand. They have served the armed forces well and undertaken missions at the risk of their lives. They are now were being ‘unfairly treated,’ he said. Whereas an LTTE cadre, Jeevaratnam Kirubakaran, tasked with a suicide mission, was set free.

Dassanayake was a highly decorated naval officer who played a major role in the Eelam War. He has been the senior officer in charge of Chalai-based deployment during the final phase of combined forces operations, said Weerasekera . Commander R. P. S. Ranasinghe had been responsible for the detection of a C4 explosives-packed lorry meant for a suicide mission in Colombo in 2008.having had taken the lorry packed with 1,008 kgs of C4 explosives on the Padikku beach, Trincomalee, Ranasinghe along with a Petty Officer (name not mentioned due to security reasons) brought it to a safe place. Ranasinghe has been in remand for about nine months.

These arrests suited those who deeply resented the government victory in Eelam War IV. There actually are citizens like that in this country. They rejoiced at the arrests and sneered at their war time achievements. ‘The arrest of Dassanayake led to the usual media spectacle accompanied by the drumming up of rhetoric’’ said one such supporter.  ‘Many sing praises of the Commodore and relate tales of his bravery while in service and allege that the Government was and continues to be on the hunt for war heroes.’

But Chandraprema has another explanation. This spate of investigations against armed forces personnel for various criminal activities like theft and abduction seems to be a softening up of the public for the big show. Once the public sees former and serving members of the armed forces going in an unending procession to the CID, FCID, the Commission Against Bribery and Corruption and to the Presidential Commission of Inquiry into Serious Acts of Fraud and Corruption, that becomes a part of ordinary life and after people get used to it, it will be easier to bring the same personnel to other tribunals to answer to allegations of war crimes, concluded Chandraprema.

The armed forces were arrested for other activities too, not only the Eelam War. Three persons were killed after the Sri Lanka Army was deployed to disperse a protest against a factory in Rathupaswala in 2013. The protesters said that ground water was contaminated with chemicals disposed by the factory and water is not safe for drinking. They demanded the authorities to take prompt action to relocate the factory. A shooting took place after Army personnel were deployed to disperse the crowds. . In March 2017 the CID arrested three army personnel in connection with this shooting.

Yahapalana appointed a committee, to look into Welikada Prison riot of November 2012. The riot broke out during a search for illegal arms by the STF. The riot left 27 people dead and 40 injured. The inquiry confirmed that the STF has been directed to carry out the search by Defence Secretary, Gotabhaya Rajapakse.

The report stated that in the case of six of the inmates killed in the incident, T-56 automatic weapons had been introduced where the bodies were found, with a view to projecting they had used the weapons, and thus justify their extermination.  Photographs were produced as  evidence in which the weapons are absent in the photos taken by the Prison Department’s official photographer, soon after the incident, but the T-56 are clearly seen near the bodies when the Magistrate visited the scene for the inquest, a few hours later.

The Committee also condemned the firing of tear gas into two padlocked cells at the prison. This was identified as the main cause for the provocation of the inmates. This action of the STF could be classified as an act of inhuman treatment, as the inmates could not move out of a closed area to surmount the effects of tear gas smoke. It was evident from the evidence that transpired before the Committee that the tense situation within the Welikada prison was a creation of the STF and not the inmates said the media.

The Ministry of Defence provided two General Amnesty periods in 2016 for Tri Forces deserters to obtain legal discharge. This ended on December 31, 2016. 563 army deserters arrested in a single day, in February 2017. Then an island-wide combined raid conducted by the Police and the Sri Lanka Corps of Military Police  in August 2017 arrested 777 army personnel, making it the biggest ever raid  conducted within a single day. 1 officer and 776 other rankers were taken into custody The Army said that disciplinary action will be taken against those arrested. The raids conducted by the Police and the Sri Lanka Corps of Military Police will continue.

The public are not happy about these actions of the Yahapalana government. Retired Gemunu Watch officer Maj. Wimal Wickramage   was ordered by High Court in September 2016 to pay Rs. 2 million to the closest living relative of an LTTE suspect, Robert Wellington, killed while attempting to escape  with his handcuffs on, from the Pt. Pedro army Camp  in 1998. High Court also imposed two years RI (rigorous imprisonment) suspended for 10 years. At the time of the incident, Wickramage had held the rank of Lieutenant and was attached to the Fifth battalion of Gemunu Watch.

Wickramage did not have the money to pay the compensation. UPFA Uva Provincial Council member Maj. Sudarshana Denipitiya, also of the Gemunu Watch posted an appeal on Facebook, to raise the Rs 2 million required by Maj. Wickramage. There was a tremendous response from the people, both here and overseas, and within three weeks Wickramage’s account at the Bandaragama branch of the People’s Bank had received the required sum.

Sampath Bank at Borella had also received public funds on behalf of Wickramage. Neth FM had contributed Rs 100,000 to Maj. Wickramage’s account and promised Rs 200,000 more. The National movement to Protect war Heroes’ and the Joint Opposition too had supported the Facebook project. In addition to funds directly received by Maj. Wickramage, some other monies collected were also deposited in the account. Wickramage’s attorney, Ajith Prasanna who had served in the infantry    paid a glowing tribute to those who had helped. People had contributed willingly as they appreciated the massive sacrifices made by the Army during the Eelam war, he said.

Four intelligence officers from the DMI were arrested in connection with the alleged disappearance of Prageeth Ekneligoda. They were   granted bail at Rs 500,000 each, by Avissawella High Court but they could not raise the money on their own.  Wickramage’s attorney Prasanna wanted to use the funds sent in for Wickramage to pay the bail for one of these officers since Wickramage had time to make the payment. Maj. Wickramage readily agreed to the idea.

However, at the last moment, MP Gunawardena objected, saying that funds collected for Maj. Wickramage could not be utilized for some other purpose. In spite of this unexpected setback, various people contributed to raise the Rs 500,000 on behalf of the DMI man who was earlier promised funds from Wickramage’s account. The bail money for the other three was also paid, concluded Attorney Prasanna.

ADDITIONS TO ESSAY:

Yahapalana has continued to arrest army officers. Two former Army officers have been sentenced to death by the Trincomalee High Court in August 2018, for assaulting and murdering an individual from Gurunagar area in Jaffna after taking him in for interrogations. The case was first taken up before the Trincomalee High Court on May 05 2009. Following a lengthy trial, the verdict was delivered by the High Court Judge Manikkavasagar Illancheliyan. Accordingly, former Army Major Dickson Rajamanthree and an employee of the camp named Priyantha Rajakaruna have been sentenced to death. On the September 10 1998, the convicts had assaulted and murdered an individual named Gnanasingham taking him in for questioning, claiming him to be a terrorist. Reportedly, the judicial autopsy reports revealed that the deceased had suffered 21 cut wounds to the body.

Colombo High court imposed two years RI suspended sentence on a retired army officer who had negligently shot an LTTE suspect while trying to escape form Pt Pedro camp causing the latter’s death in 1998. He had tried to escape with his handcuffs on.  Also a fine of Rs 10,000 was imposed on the officer. He was ordered to pay compensation of Rs 2,000,000 as compensation to the nearest relative of the deceased in default a prison term of 12 month was imposed. (September 2016).

Commodore D.K.P Dassanayake has been held in legal custody since July, and judges have repeatedly denied his requests for bail, citing the seriousness of the allegations. Without any credible evidence against him he’s been kept in remand for 6 months, and the CID has not been prepared to consent for bail being granted to my father,” Manjari Dassanayake said in December 2017.

Sgt Sunil Ratnayake, a war hero and member of the Long Range Reconnaissance Patrol,  a father of two children, convicted of the murder of 8 villagers in Mirisuvil, Jaffna December 2000 and in death row,  has appealed. (2017) . President Sirisena has given pardon to 187 persons including drug dealers, rapists, financial fraud and LTTE cadres said critics.

There is a conspiracy against military intelligence personnel said the army in September 2015.  This is worse than the Millennium city raid of Athurugiriya in 2002. In the Millennium City raid they could only harm some persons, but now they have broken into the inner cells of our intelligence network and are all out to destroy it. Britain had recently offered 6 million GBP to reform our military, foreign government should not be allowed to sponsor reform of our military. Yahapalana government leaks military intelligence to the UN. Officials of foreign organization have been given free access to Sri Lanka military installations such as the naval base in Trincomalee. This is a threat to the intelligence wing of the navy. (2015) .

The government was trying to destroy the military intelligence by portraying it as a criminal outfit, the National Freedom Front alleged in 2017. A plot is being hatched to destroy the army intelligence unit. Five intelligence operatives including a major have been arrested on charges of attacking journalist Keith Noyahr. The reason for their arrest was their phones being in the vicinity of the Dehiwala Telecommunication tower at the time of the abduction of Noyahr.

“These officers are scheduled to face an identification parade. When they were arrested and produced before courts the authorities did not cover their faces. When they were brought before courts, journalists took their pictures, which are now in public domain. Former Military intelligence head, Major General Retd Ama Karunasekera was also charged with the abduction and assault of Keith Noyahr in 2018. Maj General Karunasekera was a leading intelligence man and the TSM hates him, that is why they have imprisoned him, they said on Derana television.

Government had arrested military intelligence officers on the Ekneligoda case without any evidence. Some army intelligence officers have been detained for more than one and half years over the Eknaligoda killing. .” They and their families were now under threat.

A delegation from the armed forces met President Sirisena. Officers and men taken into custody under the Prevention of Terrorist Act (PTA) had been deprived of their monthly salaries. They were denied salaries, though charges made against them had not been proved in a court of law. President was asked to consider either reinstating them or paying them their salaries, the delegation told the president.

They also drew attention to the plight of those soldiers deprived of their pensions as they had been compelled to leave the military before completing the stipulated 12 years of service due to permanent injuries suffered due to the war.  Senior military officers are to be retired without the usual service extensions. When they retire they lose the institutional backing and protection provided by the military. This is a deliberate abandonment of these officers.

The Rajapaksa administration had decided to transfer the Army headquarters from Galle Face to Akuregoda. Yahapalana, newly in power, decided to squash Akuregoda Defense Complex. Finance Minister Ravi Karunanayake declared, in  March 2015, that funds wouldn’t be made available to Akuregoda Defense Complex project until the exact cost estimation of the project could be clarified.

As a responsible government they couldn’t simply release tax payers’ money unless it’s certain that they were put to good use. “Presently, this project seems like a bottomless pit and we need to know the depth of what we are getting into. From the current state of finances, allocated for this project, it seems as if they are building a complex that’s even bigger than the Pentagon, Ravi said,

In  June 2016,  Yahapalana  suspended the Akuregoda project. citing financial irregularities and mismanagement of funds.  The  cabinet papers on the project, had been prepared according to the whims and fancies of Gotabhaya Rajapaksa.  Rs 13.2 billion, belonging to the Ministry of Defense had been transferred to Consolidated Account of the Treasury. Gotabhaya Rajapaksa responeded. He said that these were funds received from the Shangri-la transaction  to  be utilized for the construction of Akuregoda Defense Complex. Akuregoda came back on line in 2017 and  was still under construction in October  1.2018.

A new lunch  scheme intended to provide a healthy lunch to All Ranks came into effect within the SFHQ-West on experimental basis, effective from 1 January 2018. Deduction of the expenditure for this new ration arrangement were to be made against the salary of each soldier living outside, based only on the number of consumed lunch portions every month. However, those still wishing to bring their lunch daily from home were exempted from this scheme, if they so desire. Therefore, a question of any salary deduction does not arise as alleged and misinterpreted said the authorities..

The government has decided  in August 2018 to send a team of 50 military personnel to India to undergo training as locomotive drivers following the disruption of train services by Sri Lanka Railway drivers making various demands from time to time. they will be sent to a specialized institution in New Delhi for training on operating passenger trains.  After the initial exposure on simulators, the drivers will undergo a hands-on, practical training on Indian rail tracks. After the three-month training program, they will be granted a locomotive driving license, the sources said. The trained army personnel are to be deployed in the event of a strike by railway drivers..

Yahapalana also planned to create a program of retired war heroes rejoining the process of development by attaching   50 retired tri force officers as technical officers to district secretariats.

Sri Lanka Army cultural dancing troupes of the Directorate of Army Band and Drama Art Performances has added Kathak to its repertoire, on the suggestion of the Commander of the Army. There is now a Kathak’ ensemble in the Directorate of Army Band and Drama Art Performances a team of 26 Army ‘Kathak’ dancers made their debut at Sri Kaileshwaram Hindu Kovil premises at Maradana In June 2018. The ceremonial induction, known as ‘Gunguru’ was carried out.

To a complaint that the army was building recreation facilities for its staff in the North. Army Commander said that Rest and Recreation  facilities are necessary for any army. .

Yahapalana wanted to hold the army’s Defense seminar  every two years, but the army insisted that it should be an  annual event. The Navy holds its own Galle symposium annually.

Nigeria is  buying our fast attack boats, Arrow and Wave rider. This will bring in about Rs 385 million in foreign exchange to the country and create a large number of jobs in the naval and maritime sector.  All this was stopped due to political changes after January 2015, said the army.