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Sri Lanka’s Missing Question

As demands for justice intensify, Sri Lanka’s unresolved disappearances stretch across the state, the LTTE, the IPKF and rival militant groups.

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A Representational Image of Communal Strife In Sri Lanka

Those demanding accountability from Sri Lanka over alleged war crimes are strangely silent about LTTE atrocities. Under Velupillai Prabhakaran, the LTTE killed hundreds of members of rival militant groups, assassinated President Ranasinghe Premadasa, nearly assassinated President Chandrika Bandaranaike Kumaratunga and attempted to kill President Mahinda Rajapaksa. Yet its indiscriminate recruitment and use of children received far less scrutiny. How many forcibly recruited children died in the fighting? And should the Tamil community not also hold the now-defunct Tamil National Alliance, led by the Illankai Thamil Arasu Kadchi (ITAK), accountable for recognising the LTTE in 2001 as the sole representative of Tamil-speaking people and for the violence that followed?

Working Group on Enforced or Involuntary Disappearances (WGEID) representative Ana Lorena Delgadillo Pérez, and head of the Association of Relatives of Enforced Disappearances (ARED) Yogarasa Kanagaranjini, on 30 August, opened an exhibition at the Thanthai Selva Auditorium in Jaffna. The exhibition, appropriately named ‘Long Road for Justice,’ coincided with the International Day for Victims of Enforced Disappearances.

Pérez later addressed a conference held therein where the responsibility on the part of Sri Lanka was stressed.

Civil society activist Sunanda Deshapriya, in an article titled ‘Sri Lanka’s Disappeared: Where Do We Go from Here?’ carried in Jaffna Monitor, dealt with missing persons issue. Deshapriya focused on the North-East war (https://www.jaffnamonitor.com/sri-lankas-disappeared-where-do-we-go-from-here/)

The ICRC, Colombo, issued a statement regarding the International Day of the Disappeared. When the writer sought the number of missing persons in the country, Ruwanthi Jayasundare, Head of Communications, said that they had a caseload of 15,000 registered tracing requests (1983-2009) but she asserted that the actual number of missing was far bigger (https://island.lk/icrs-sustained-and-collective-efforts-critical-to-address-issue-of-missing-persons/)

Perhaps, many people wouldn’t know that the ICRC arrived here in 1989 during the second Janatha Vimukthi Peramuna (JVP) terror campaign in the wake of Indian military intervention here. The much discussed issue of disappearances must be appropriately dealt with, taking into consideration the relevant factors. At the time of their deployment here, President Ranasinghe Premadasa had been engaged in direct talks with the Liberation Tigers of Tamil Eelam (LTTE) and the Geneva-headquartered body never expected a gruesome outbreak of violence. It would be pertinent to mention that within weeks after the ICRC’s arrival here, the JVP was crushed with brute force as it, too, resorted to senseless violence. The counter violence unleashed by the state apparatus was such that the then Marxist group’s top leadership was killed, except for Somawansa Amarasinghe, who escaped, with Indian help, in February 1990, and remained in exile till late 2001.

The ICRC deployment took place in mid October, 1989, and JVP leader Rohana Wijeweera was captured in the second week of November, at Ulapone, and shot in custody, and was allegedly cremated alive at the Borella cemetery.

In fact, at the time the ICRC arrived here, the JVP was on its last legs. The UNP government never bothered to hand over the bodies of slain JVP cadres to their families. Those who had been listed missing at that time were no longer in the land of the living, by the time the ICRC brought its operation in the South to an end.

What the country never expected was a fresh flare-up in the northern and eastern regions. The LTTE resumed large-scale hostilities, in June, after the Indian Army pulled out from Sri Lanka in late March 1990. Interestingly, some of those demanding justice for the missing/disappeared are conveniently silent about the disappearances during the Indian Army deployment here (July 1987 to March 1990).

Soon after hostilities erupted in the northern and eastern regions, following a 14-month truce between President Ranasinghe Premadasa and LTTE leader Velupillai Prabhakaran (May 1989 to June 1990), the ICRC was invited to open offices in that region. There had been excesses on the part of the military and law enforcement authorities as the government battled the LTTE, the world’s most ruthless terrorist organisation as assessed by none other than the US Federal Bureau of Investigation.

Yet Sri Lanka must earnestly address accountability issues and take meaningful measures to compensate the families of the innocents.

However, the Tamil community must come to terms with the reality that the vast majority of dead were members of the LTTE. The LTTE enjoyed considerable firepower as it literally wielded a conventional fighting capability, which even included a fledgling air force and directly challenged the government, and the armed forces had no option but to fight back. Obviously, the LTTE, that achieved significant battlefield successes over the years, never expected the almost non-stop three-year-long offensive that brought the war to an end in May 2009. Disappearances became exceptionally an important issue in the overall agenda pursued by the Tamil Diaspora and Tamil speaking political parties here only after the LTTE’s eradication.

Multiple reasons

In September 1990, several months after the Indian Army was literally forced to pull out from Sri Lanka as Tigers fought back the mighty IPKF to a standstill, while President Premadasa, too, made it clear that they were no longer welcome here, Amnesty International (AI) documented 43 cases of disappearances. According to the London headquartered AI, the majority of these disappearances happened in the Jaffna peninsula, following the outbreak of fighting in October 1989. The Indian Army launched ‘Operation Pawan’ meant to disarm the LTTE in line with the Indo-Lanka Accord, signed on 29 July, 1987.

During the Indian Army deployment here (1987 July to 1990 March), the Sri Lankan armed forces were confined to their barracks in the North and East. The AI accused the Indian Army of torture, extrajudicial executions and disappearances. The deaths of nearly 1,500 Indian officers and men, and injuries to approximately 3,000 others during the Indian deployment here, underscored the ferocity of the situation.

The Indian Army carried out reprisals, following LTTE attacks in both provinces. The Indian Army was also accused of sexual violence. Perhaps, the August 1989 Valvettithurai orgy of violence, during which Indian soldiers killed civilians, tortured detainees, committed sexual violence, and systematically destroyed homes and businesses, while the town was under curfew, was the worst case.

In October, 2025, the International Truth and Justice Project (ITJP) presented a detailed reparations claim, in association with the Valvettithurai Citizens’ Committee, to the Sri Lankan Office for Reparations, requesting USD $15 million (LKR 4.5 billion) for victims of a 1989 orgy of violence committed by the IPKF where at least 66 civilians were killed and 34 injured.

There hadn’t been a previous instance of a comprehensive compensation claim for such a wartime crime. Thousands of LTTE cadres, some of them trained in India, and civilians, perished in Indian Army action. The Indian Peace Keeping Force (IPKF) earned such a bad reputation it came to be dubbed the Indian People Killing Force.

The war in Sri Lanka, or whatever one chooses to call it, should be examined in the context of a high profile Indian destabilisation project ordered by Premier Indira Gandhi. Over a year after the Indian Army pullout, the LTTE assassinated Rajiv Gandhi, by then out of power, but he was the person Velupillai Prabhakaran held responsible for the Indian Army deployment in Sri Lanka. Following Gandhi’s assassination, India hunted down the LTTE team, involved in the operation, carried out by a female suicide cadre.

The LTTE forgot the Indian role in the transformation of the Tamil separatist terrorist movement to a deadly conventional threat. If not for the despicable Indian action, Sri Lanka wouldn’t have been hauled up before the Geneva-based United Nations Human Rights Council (UNHRC). That is the unpalatable truth.

How many Sri Lankan Tamils disappeared during weapons training in India? Did India investigate such disappearances as well as deaths caused by fighting among rival Tamil terrorist groups operating in India at that time? Among the groups that had been armed by India were PLOTE (People’s Liberation Organisation of Tamil Eelam), EPRLF (Eelam People’s Revolutionary Liberation Front) and TELO (Tamil Eelam Liberation Organisation) responsible for quite a significant number of killings and human rights violations.

India never accepted responsibility for the PLOTE raid on the Maldives on a contract to topple the then Maldivian PM Gayoom’s government given by a domestic rival in early November, 1988. Shouldn’t New Delhi at least apologise for the sea borne raid on the Maldives that resulted in deaths of Maldivians, as well as raiders? The Indian Navy sank a ship commandeered by the attackers fleeing the Maldives after air borne Indian troops brought the situation under control.

The Indian and global media praised swift Indian intervention but ignored two key factors, namely (i) the operation targeting Maldivian President Maumoon Abdul Gayoom was mounted by one of the groups trained, armed and deployed by India and (ii) two trawlers carrying the raiding party left the northern part of Sri Lanka, at that time held by the Indian Army.

The writer had the opportunity, in November, 2011, to interview the Maldivian businessman, Abdullah Luthufee, who convinced the PLOTE leader Uma Maheswaran to carry out the operation. (Male plot leader speaks out 3 November, 2011, Rajiv saved us from Gayoom-Male coup leader 4 November 2011 and How Luthufee moved SAARC venue from Male to Addu 11 Nov 2011) dealt with the operation that should have drawn international attention to the Indian destabilisation project. Let me stress that some PLOTE cadres perished when the Indian Navy sank the vessel commandeered by the fleeing PLOTE cadres. They were among those who had been listed missing during the conflict.

Australian and US interventions

One-time top JVPer Kumar Gunaratnam secret arrival in Sri Lanka as an Australian Citizen Noel Mudalige, in early September, 2011, emphasised the issuance of foreign passports in assumed names to Sri Lankans under controversial circumstances. The writer exclusively reported how the head of the breakaway JVP faction, known as the Frontline Socialist Party (FSP), arrived here. The Australian High Commission in Sri Lanka acted swiftly and decisively when Gunaratnam disappeared after entering the country, using Australian passport bearing number N 1016123 on September 4, 2011 (https://dbsjeyaraj.com/dbsj/?p=43914). The writer dealt with the same issue again in August 2016 (https://dbsjeyaraj.com/dbsj/?p=47936).

Among thousands of Sri Lankans, now having foreign citizenship, there can be many people listed here as “missing/forcibly” disappeared. Western governments never helped Sri Lanka to establish the real identities of Sri Lankans living abroad, under assumed names. If Gunaratnam never acted in a manner inimical to the JVP, he could have easily lived a comfortable life in Australia as Sinhala Buddhist Noel Mudalige.

There had been many interesting stories of those categorised as missing/dead turning up in the West, under new identities. One of the most intriguing ones, is about an ex-LTTE terrorist turned Frenchman Antonythasan Jesuthasan, the lead actor in Dheepen that won the prestigious Palme d’Or at the 2015 Cannes Film Festival.

Internationally acclaimed Jacques Audiard directed the movie about three Sri Lankans who formed a fake family to escape the war and to secure asylum in France. Antonythasan Jesuthasan’s performance in Dheepan earned him a Best Actor nomination at the 2016 César Awards (the French equivalent of the Oscars). Jesuthasan is the only ex-LTTE terrorist to receive international acclaim as an actor.

In an interview with Tom Seymour (Dheepan’s Antonythasan Jesuthasan: from Tamil Tiger to star of a Palme d’Or winner in The Guardian) posted online on March 31, 2016, transformed Frenchman Jesuthasan, unwittingly revealed how he deceived the United Nations High Commissioner for Refugees (UNHCR) to secure political asylum. Seymour reported that Jesuthasan, after having shown him a dense lattice of scars on his forearm, declared: “I did those to myself. I was 22, and I had spent years trying to come to the west. I wanted to get a fake French passport, but I had to be accepted as a refugee. I went to the UNHCR [the UN High Commissioner for Refugees], but they wouldn’t believe my story. So I cut myself, and held up my arm, and said to them: ‘Look at my blood. This is my word.”

Jesuthasan is just one among thousands who obtained political asylum on false claims. Jesuthasan ended up as the star of Dheepan, directed by Jacques Audiard, possibly France’s most celebrated modern director. There cannot be a better example than Jesuthasan to highlight the web of deceit pertaining to the vast majority of those who successfully secured political asylum. But, the Sri Lanka Foreign Ministry never bothered to set the record straight. Born in Allaipiddy, on the Velanaitivu islet, Jesuthasan claimed he fought the Sri Lanka Army in August 1990 and subsequently fled the country and managed to reach France.

But, the case of Kathiravel Thayapararajah is one of the most controversial cases. Thayapararajah had been involved in a Tamil Diaspora funded project in Kilinochchi during Eelam war IV. He couldn’t have secured the Diaspora assignment without the approval of the LTTE and remained in the Vanni during the war. He disappeared in September 2009.

His disappearance prompted a section of the media, as well as some international NGOs, to accuse the Directorate of Military Intelligence (DMI) of executing him. No less a person than the then US Assistant Secretary of State for South Asian Affairs and one-time US Ambassador in Colombo, Robert O. Blake, inquired about the missing person.

The University Teachers for Human Rights (Jaffna), the Australian Government Refugee Review Tribunal, Tamilnet and the European Centre for Constitutional and Human Rights among others blamed the Sri Lankan intelligence for the disappearance. However, the Indian media, in May, 2014, revealed Thayapararajah’s arrest though they didn’t know at the time that he was the person who was supposed to have been killed by the Sri Lankan Intelligence. At the time Indian police apprehended Thayapararajah, at Arichamunai off Dhanuskodi, after arriving there in a boat from Sri Lanka, he had been with notorious female human smuggler Uthayakala. She claimed Thayapararajah was her second husband.

That chance detection exposed a blatant lie propagated over the years. The then Head of Missing Persons Commission, retired High Court Judge Maxwell Paranagama, is also on record as having called for international cooperation to trace persons living overseas under new identities. Paranagama told the writer that at that time both the international community, including the ICRC, had declined to help Sri Lanka identify those taking cover behind new identities.

Chemmani mass graves

Sri Lanka needs to investigate war crimes allegations, particularly the high profile Chemmani mass grave. The country cannot ignore the continuing accusations with the international media taking advantage of the situation to tarnish the country, especially the Rajapaksa rule. It must be a way of the West taking revenge from the Rajapaksas for going against their wish to save the bold thirsty Tigers. It is like their logic that Israel can do no wrong!

The CNN dealt with the Chemmani issue while the International Commission of Jurists (ICJ), in July last year, called for what it claimed as victim-centred investigation into the alleged mass graves in compliance with international law and standards.

Tamil political parties, too, repeatedly demanded tangible action against the perpetrators. The Chemmani mass grave site drew national and international attention in 1998 following the confession of a soldier implicated in the rape and murder of schoolgirl Krishanthy Kumaraswamy. Chemmani has become a powerful and painful symbol of the country’s war-torn past.

Krishanthy Kumaraswamy was raped and killed by soldiers on the 7th of September, 1996. The same group of soldiers later killed her mother, her younger brother and a family friend who went out searching for the teenager.

An excavation, in 1999, led to the recovery of 15 sets of remains, and then the matter was allowed to rest for about a quarter of a century. On the orders of the Jaffna Magistrate’s court, a fresh excavation was ordered last year, following the chance recovery of some skeletal remains and so far nearly 600 sets of human remains have been found, among them children and infants. Tamil media have declared Chemmani as the largest mass grave found in Sri Lanka.

It would be pertinent to mention that some time back the Army was accused of the Mannar mass graves but investigations undertaken by the Office of Missing Persons (OMP), with international expertise, proved the claims false. Bone fragment samples were submitted to Beta Analytic, a specialised US radiocarbon-dating laboratory. This happened during the Yahapalana administration (2015-2019) Later, the lab indicated that the tested bone samples dated back to the period between 1499 and 1719 AD (the 15th to 18th century). That brought an end to the Mannar mass graves hoax.

Whatever the circumstances, the government cannot remain silent regarding the Chemmani mass graves. The area that had been under Security Forces Headquarters, Jaffna continues to receive public attention, both here and abroad. The Army will have to address the issue without further delay. Let me stress the importance of investigating the atrocities perpetrated by others, namely the Indian Army for which the responsibility lies with the government of India as well as the LTTE, and over half a dozen other terrorist groups that subsequently entered the political mainstream.

The formation of Tamil National Army (TNA) by India before the Indian Army pullout by March 1990, too, must receive the attention of Sri Lanka as well the concerned international community. Having totally destabilised the smaller neighbouring county by arming scores of terrorist groups, New Delhi went a step further by the formation of the TNA meant to protect Varatharaja Perumal’s North-East provincial administration.

In spite of President Ranasinghe Premadasa drawing strong criticism for arming the LTTE against the Indian Army, in hindsight, if not for his controversial decision, India’s proxy, TNA may have taken root. Whatever various parties say today, the TNA had been formed to ensure the continuation of the deeply unpopular Perumal’s administration that went to the extent of forcible conscription. India can never absolve itself of responsibility for what it did in Sri Lanka. The destabilisation project, largely influenced by the then Premier Indira Gandhi’s concerns over the developing situation in Tamil Nadu, caused massive death and destruction. No less a person than J.N. Dixit, who served as their High Commissioner in Colombo (1985 to 1989), and later appointed National Security Advisor (2004 to 2005) disclosed in his memoirs ‘Makers of India’s Foreign Policy: Raja Ram Mohun to Yashwant Sinha’, Indira’s Gandhi’s intervention. The late Dixit in no uncertain terms blamed her for Indian intervention in Sri Lanka.

Shamindra Ferdinando

Shamindra Ferdinando is a Deputy Editor of a Colombo-based daily newspaper, The Island.

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