In a land of deceit, telling truth becomes a revolutionary act! If heinous crimes were committed on humanity it is time we hanged our heads in Shame!!

UN questions government on Fonseka’s allegations


The UN Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, has asked the government to provide an explanations with regard to the circumstances of the death of 3 senior LTTE cadres and their families during the last stages of the military operations.

The request for explanations follows the recent statement made by Gen (Rtd) Sarath Fonseka an opposition candidate in the forthcoming Presidential election, alleging that such killings had taken place, in an interview with The Sunday Leader of Dec. 13, 09, the President's media unit said.

The letter by the UN Special Rapporteur, Phillip Alston, addressed to Mrs. Kshenuka Senewiratna, the Permanent representative of Sri Lanka to the UN Office in Geneva states,

“Theses allegations were made by the Commander of the Sri Lanka Army at the time of the events and subsequent Chief of Defence Staff (now retired) Genral Gardihewa Sarath Chandralal Fonseka, in an interview to the newspaper The Sunday Leader. The accounts of journalists embedded with the SLA 58th Brigade confirm some of the alleged circumstances of the death of Messers. Nadeshan, Pulidevan and Ramesh and their families”.

The government is making a careful study of the UN Rapporteur’s letter, prior to a formal response, and any action that may be necessary.

............................................................................


Here is the text of the letter sent by UN Special Rapporteur on extrajudicial, summary and arbitrary execution to Permanent Representative of Sri Lanka to the United Nations office at Geneva



18 December 2009

Excellency,

I have the honour to address you in my capacity as Special Rapporteur on extrajudicial summary or arbitrary executions pursuant to General Assembly resolution 60/251 and to Human Rights Council resolution 8.3.

I write to your Excellency's Government with regard to the circumstances of the death of three senior representatives of the Liberation Tigers of Tamil Eelam (LTTE), Mr. Balasingham Nadeshan, Mr. Seevaratnam Pulidevan and Mr. Ramesh, as well as of members of their families, in the night of 17 to 18 May 2009.

According to information I have received:

On 17 May 2009, the day before your Excellency's Government announced that its forces had completely defeated the LTTE. Messrs, Nadeshan, Pulidevan and Ramesh were trapped with other senior cadres of the LTTE in a small area north of Vellamullivaikkal. Through intermediaries they sought to establish contact with your Excellency's Government to inquire how they could surrender to the Sri Lanka Army (SLA). The reply, coming from the Secretary of Defence in your Excellency's Government and from a Members of Parliament who is at the same time a senior adviser to the President, and conveyed through the intermediaries, was that they should walk towards the positions of the SLA in a way that made their intentions clear and holding a white cloth. The Commander of the SLA 58th Brigade, the unit on the front line with the last LTTE position, however, received a telephone call from the Secretary of Defence instructing him to order his forces to shoot those surrendering. When Messrs. Nadeshan, Pulidevan and Ramesh walked towards the SLA positions carrying white cloths in the first hours of 18 May 2009, soldiers opened fire on them and killed them. An unspecified number of family members of the three men were killed as well.

These allegations were made by the Commander of the Sri Lanka Army at the time of the events and subsequent Chief of Defence Staff (now retired) General Gardihewa Sarath Chandralal Fonseka, in an interview to the newspaper The Sunday Leader. The accounts of journalists embedded with the SLA 58th Brigade confirm some of the alleged circumstances of the death of Messrs. Nadeshan, Pulidevan and Ramesh and their families.

While I do not wish to prejudge the accuracy of these reports, I would like to refer your Excellency's Government to fundamental legal rules applicable to all armed conflicts under international humanitarian law and human rights law.

Common Article 5 (applicable to armed conflict not of an international character) of the Geneva Conventions of 1949, to which your Excellency's Government is a party, dictates that "[p]ersons taking no active part in the hostilities, including members of armed forces who have laid down their and those placed hors de combat by sickness, wounds, detention or any other cause, shall in all circumstances be treated humanely [....]". To this end the following acts are and shall remain prohibited at anytime and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds".

Similarly, an authoritative study of customary international humanitarian law finds that attacking and killing persons who are recognized as hors de combat is prohibited. Persons hors de combat include anyone who clearly expresses an intention to surrender, provided he or she abstains from any hostile act and does not attempt to escape (Rule 47 0f the Customary Rules of International Humanitarian Law identified in the study of the International Committee of the Red Cross).

It is my responsibility under the mandate provided to me by the Human Rights Council to seek to clarify all cases brought to my attention. Since I am expected to report on the death of Messrs. Nadeshan, Pulidevan and Ramesh, as well as of the members of their families, I would be grateful for the cooperation and observations of your Excellency's Government. In particular in relation to the following questions:

1. Are the allegations summarized above accurate, If not so, please share the information and documents proving their inaccuracy.

2. What information does your Excellency's Government have on the family members of Messrs. Nadeshan, Pulidevan and Ramesh allegedly killed on 18 May 2009.

3. Please refer to the results of my military, police, judicial and other inquiry or investigation carried out in relation to the allegations summarized above.

I undertake to ensure that your Excellency's Government's response to each of these questions is accurately reflected in the report I will submit to the Human Rights Council for its consideration.

Please accept, Excellency, the assurances of my highest consideration.

Philip Alston
Special Rapporteur on extrajudicial, summary or arbitrary executions

.................................................dailymirror.lk
Comments

SF Operation is going well!!

Posted By: Nara

It is left for the voters to judge on this statement of Sarath who says he was not in Sri Lanka during the last stages of the war and surrendering LTTEers were cold bloodedly killed by the army! He has sold his country to the UN and the world community. Thank you General!

Posted By: TRUE LANKAN

Mr Fonseka, do you know how much damage you have done to warheros, government, reputaion and citizens of srilanka by trying to gain short term political gains? Accepting responsiblity will not free our warheros from liability. Even a small kid can understand what you did to Gotabaya and Shavendra by taking personal revenge. Now entire country is at risk! This is unforgeavable! You have betrayed my motherland!

Posted By: Vipula Vishvanath

That is why wise people rank SF as a traitor! More will come later on. This betrayal is the worst and deadliest in Sri Lankan history.

Posted By: K.Wijebahu

Good Job General - Cat is Out of the Bag, Can't belive what a person can do just to gain political mileage . Keep it up !!! We can't expect anything else from a person like you who have "forgotten" the past and joined the Pro-LTTE band. Uncle Miliband and Aunt Hillary will be proud of their latest invention !!!

Posted By: CJW

so this is what the people arround SF wanted to get done..... U like it or not general u fall in to the trap. Any way we srilankans will never allow UN to execute our beloved GOTA and SHAVENDRA.......we are always with u

Posted By: kamal

The common candidate the decorated former general retracted from his statement and the Sunday Leader who published the interview is in trouble, what is the matter with your report on drone attacks on tribal houses and funerals as extra judicial killings, is it sent for international court trial?

Posted By: xlntgson

Great!!!!!!!!! The nation can now see the effects of patriotism of retired Fonseka.. He has selected right mob to baptisised his politics...Vote Fonseka for destruction of this nation!..& victory for last will of Prabakaran!!!JAYA WEWA our Red brothers!!!

Posted By: DON JUAN

Well done SF we now know what will happen to this country if you become president. MR will face the situation and settle it with UN but your opperesive attitude towards mother Lanka is now clerarly shown. You will be out miles by miles in the presidential race.

Posted By: Upul Karu

JVP,UNP,Mangala,Mano,Hakeem are you happy now....

Posted By: DSK

THE GREATEST BETRAYAL IN RECENT HISTORY; MATA PERA RATA??? GOODBYE SARATH FONSEKA!

Posted By: devaka

UN should ask it from SF since the statement is made by him. The government doesn't need to give any explanation on statements issued by each and every fool.

Posted By: Duminda

Let SF answer these questions. he made this mess and he should answerable to it. Cant imagin how SF will lead the country as a politician if he is going to create ruin the image of SL

Posted By: lionheart

Do you have anything to say about thsi Sarath Fonseka..??? You said you did not say anything like that to Sunday Leader now what do you have to say.. Come forward and tell us the shit thing you did to our country...

Posted By: Ajith Kadawata

fonseka should be answerable

Posted By: gajith

Presidential hopeful Sarath Fonseka, supporters Ranil, Mangala, Anura, Tilvin, Hakeem must be delighted by this! So much for saving the country from Rajapakshes, imagine what the group can do if they had power with this stupidity and kindergarten politics.

Posted By: DA

HI UN before you ask Government of Sri Lanka you should ask the LTTE how much of civilian they killed. UNO is a really LTTE organization. LTTE killed even surrendered 600 policemen. are there any justification in asking GOSL

Posted By: Sheriff-Dubai

mmm...I think the UN better go and ask Mr SF about this since its him who claimed this.. Mr. SF why dont you now answer this pls...U r the best person to prove the inaccuracy as the UN requests...

Posted By: KP
Ask him to check last Sunday's paper. General has given his clarification. If people react by referring to such a newspaper its a joke

Posted By: Edirisinghe

LTTE battle is over and the 'Power' battle is on. Betraying one another to achieve it. what goes around comes around!!

Posted By: me

In a country of deceit, telling the truth becomes a revolutionary act. If heinous crimes have been committed on humanity it is time we hanged our head in shame and seek apology. We should rethink the character of our leaders whether they consist of the same human principles and observe the teachings of lord buddha. Only then will the sinhala race shine and thrive otherwise it will be damned in the sins that we commit.

Posted By: spark

No self respecting soldier will shoot a surrendering enemy combatant in cold blood. Sarath Fonseka was a good soldier who struck terror in the heart of terrorists because he played with a straight bat, and struck hard. Strange, though, that UN has double standards for countries like Sri Lanka and Israel. UN takes no action against Hisbullah, Hamas, Iran etc? Why? Hypocrites!!

Posted By: Daniel

When terrorist were kiiling people UN did not try to protect civilians, now they are talking about three dead terrorists. I think with the money they have spent on this useless mattar they could have fed many poor african children, what a shame!

Posted By: Gaja

Dear genaral, one statement is enough for people to understand your loyalty for mother Lanka, now people know who you are...

Posted By: Deshan

disgraceful "General'......even a "Private" of the army will not talk like u...what a shame

Posted By: a citizen

At least the truth is beginning to come out now. The criminals should be punished.

Posted By: lincoln

Thanks General. Good job done. Thanks again for the exemplary performance. You have shown your true colors. Whatever you did fighting the war, you have negated everything.

Posted By: Nick

Thank you very much SF mother Lanka is very proud of You

Posted By: Fayad

Thanks General. Good job done. Thanks again for the exemplary performance. You have shown your true colors. Whatever you did fighting the war, you have negated everything. Now, we are supposed to make you the President of Sri Lanka, ha?

Posted By: Nick

This is really what Fonseka and his miserable traitors wanted to get done. Fonseka is a betrayer.

Posted By: Ran

WELL DONE HERO FONSEKA,YOU ARE A GREAT HERO TO US.PLEASE KEEP UP YOUR GOOD WORK.

Posted By: PARTHIPAN-CANADA

PL.EXPLAIN WHETHER U GUYS WANT TO ERADICATE THE TERRORISM FROM THE WORLD OR TO BREED. AND ALSO U GUYS WERE V.V.SILENT WHEN V IN SRILANKA WERE UNDER LTTE THREAT FOR NEARLY THREE DECADES. THEY KILLED OUR OWN PEOPLE DESTROYED OUR COUNTRY AND PUSHED THE COUNRTY FOR MANY DECADES, AT THAT TIME U GUYS NEVER CAME TO STAND FOR THE INNOCENT PEOPLE OF SRILANKA AND PUT THE PRESSURE TO LTTE TO STOP THE GENOCIDE BUT AFTER WHEN WE DESTROYED THE MOST RUTHLESS, DANGEROUS TERRORIST GROUP IN THE WORL U GUYS, MILIBANDS,BROWNS AND ALL THOSE ARE COMING INTO THE SCENE LIKE HEROS TO THREAT THE LEGIMATE GOVT. TO EXPLAIN HOW THIS HAPPENED HOW THAT HAPPENED THIS IS NONSENSE. U GUYS SHOULD HAVE DONE ALL THOSE THINGS TO MURDEROUS PRABAKARAN THOSE DAYS OR ELSE IF U GUYS LOVED THAT MAN WHY U GUYS DIDN'T GET THAT GUY DOWN TO YOUR COUNTRIES AND GIVE HIM HIS DREAM SEPARATE STATE IN UK,US,CANADA,NETHERLAND,FRANCE,GERMANY,SWEDEN OR ANY WHERE HE AND U GUYS LIKE. PL.PL.PL. AT LEAST NOW LEAVE US ALONE, WE NEED FREEDOM WE DON'T NEED UR GSP, THIS THAT. OUR PEOPLE CAN SURVIVE WITHOUT YOUR BEGGINGS. THANKS.

Posted By: jaye

SF is as good as dead now. He had it all and then he lost it all to his big mouth and big ego. What a shame. I cannot image him saying the other day at the UNP convention he would not protect the defense secretary but only the soldiers in case of a war crimes tribunal.

Posted By: Nihal

Thanks unp/jvp/magala/mano/sf for your task,this is a very good move as a fIrst step to bring them against international courts.well done thanks SF/mano.

Posted By: TAMILIAN

It is no wonder that SF doing this as he is surrounded by anti-nationalist, unpatriotic people like Mangala, M.Tilvin Silva, Hakkeem, Mano, Ranil etc.....It is regrettable to see SF falling in to this level.it is not entirely surprising to see him betray his country and armed forces for his selfish ambitions.. He has so far betrayed his principles and policies in entering politics, but now he has let down our Motherland too....SHAME ON YOU, SF AND THE UNPATRIOTIC GANG!!!!!

Posted By: Nuwan

SF with this behavior of his is a national liability. Hope the GOSL deals with him in the proper way before it is too late.

Posted By: Nihal

We have still time to play for the country together leaving behind for a moment the (Permanent)political interests

Posted By: Alli Weerasinghe

Don't worry SF This is another doosra Play a boundary

Posted By: Fazlan

General, R U happy now?

Posted By: Sampath S

One time I was so happy with SF's work. But now I realize what type of person he is.One hand he saved the country. But now, from his other hand he is destroying the country. He is more dangerous than typical politician. Dear General SF, please don't open your mouth any longer.

Posted By: Sad Sri Lankan

Dear General, Still you can’t feel you are sinking in dirty politics. Not only you but also us…. You were great hero.

Posted By: lal

Sarth Fonserkar always speaks true.

Posted By: anoma

Our history says that Portugese, Dutch and British conquered our land with the help of our few people who betrayed the leaders. All what I said above suit you. The damage what you have done can not be excused, you have ruined your respect, dignity and carrer. As a expected president what you can do to the nation as already you have betrayed us. Please for God's sake, you may revenge someone individually but do not betray our country,if yourt statemet is true it will be written in the history. There are many patriotic people will not support you regaradless of what you have done in the past, that all has been deleted with few words. If you had not come to politics you will get your due respect till the end.

Posted By: Ranjith Perera

I AM A SUPREME COURT JUDGE (INTERNATIONAL HUMAN RIGHTS )I WILL BE SUPPORTING MR AT ANY TIME..HE IS A KING OF KINGS. EXTRAORDINARY PRESIDENT I WILL NOT FAIL HIM AT THE UN..

Posted By: CANADIAN SINHALAYA

The ideal solution is to ask UN send their team to take into custody the sri lanka's worst betrayer the SF & take to war court & ask him to prove what he said to the leader. If he cant he should never be allowed to set foot in our country.

Posted By: mohandev

Hope SF will answer for these questions as promised by him. Thank you General for showing your true colours to the public before the election. Now patriots can understand who is the genuine hero.

Posted By: Wara

CJW you are very true. he tarnished reputation of our mother land.

Posted By: Ranchagoda

ranil, mangala, mano, hakeem... congratz. u've done it for them thru fonseka. the history is repeating. we always failed as a country because of power hungry traitors.

Posted By: nishV

Now what have you done?? You ruin everything. For your hungry for power you betrayed the Nation.

Posted By: AMC

Agree with Louisa, why UN crying for terrorists? shame...

Posted By: Sarath Perera

Well Done Gen SF . second operation just begin

Posted By: NIshantha

GENERAL, don't worry this is another tactic, to see whether you will pull back.

Posted By: Cynthia Pietersz

To all who have contributed their comments i can say only Truth never hide. Everyone is blaming SF. But i know that SF has spilled only very very minor matter when compare with the actual happenings during the war. Tamils wont forget for ever.

Posted By: Ram

Good for you General SF. Let all the cats out of the bags - especially the ones that are kept in such secrecy. If they are not true then the truth will be revealed and if this is the truth then the powers that we have to face the consequences.

Posted By: mano

I live in US and the simple reason : Green pasture. SF is of no different. If he is so patriotic, he should have NOT come to US in last November to up date his green card (permannet residency). At a time, many who went abroad are thinking of returning to SL (as the war has ended and the country is progressing), SF is exploring coming here! Shame on you !

Posted By: Dil

Now Ranil look like a real fool, he lost the support from Tamils.

Posted By: PLANTATION WORKER-HATTON

We begged world bank, EU, somalia and everybody. what is the problem to investigate so called alleged war crimes? Our war hereos are saints and did not kill or hurt a single civiilian, so why worry. rrraaamm

Posted By: raam

If SL government is innocent why people have to worry? Ask the UN to conduct the investigation and then prove what ever said and done is wrong.If you have done nothing wrong you do not have to hide and blame SF as traitor.If you are not then you all would be very much disturbed as now.That is the truth.

Posted By: shan

Most of the commentators here... think it's fair to kill LTTE carders who come to surrender with a white flag !. What kind of people are you ?. Fonseka is correct this should be investigated !.

Posted By: Sarath

This will be the first and last of the political life of SF. He is an infant to the politics. See how bad to make statements without thinking twice in political life.

Posted By: PNP

A Right Royal Blunder...... Let see how SF doing to react and how MR and Family going to survive (Internationally).

Posted By: RF

Thank you SF for your heroic act!!! Country need these kind of interventions right now...!

Posted By: pathum

Hey Anoma, If he always speaks truth, Why he changed his words after 24hrs? Fonny Funny ha ?

Posted By: slaspatiot

IT IS A MANUPULATION BY JVP TO RIDICULE MR \GOTA & GOVT. OR BY RW TO RUIN SF`S CHANCES OF WINNING. POOR SF INEXPERIENCED IN POLITICS THE VICTIM. HE MUST GO TO COURTS TOO. IF IT`S HIM ,HE SHOULD BE TRIED THE WAY ANCIENT KINGS KILLED NATIONAL CRIMINALS

Posted By: perera

No problem with 500 lb bombs and white phosphorous among others dropped on Iraqi and Afghan women and children?

Posted By: shami

Good, now you are a matured politician mr SF.

Posted By: PeaceKeeper

Ranil is 1000 times better than SF. RW never betrayed the country like this

Posted By: sri

OR...SORRY...SF YOU HAVE COMITTED SUICIDE BY DESTROYING THE DINITY OF WAR HEROS.YOU HAVE SHOT THEM WITH LTTE DIASPORA,S GUN...

Posted By: GIHAN

Mr. Fonseka .speak always with out any thought..His experince for the politic's only 41 day's There for UN has to questine from him.

Posted By: Alfred Roland Kuranage

HONESTY WILL BRING YOU VOTES LETS END FAMILY CORRUPTION

Posted By: mahin

UNP supporters will be happy with this. JVP supports will keep their mouth shout regarding this matter. And all Sri Lanks will suffer.

Posted By: Mahela Sandaruwan

Please guys, be silent and let all truths come out. Do not worry about MR or SF. UN just only talk about some 3 persons and related their families, as expected 20 000 people massacred. Over view of the battle, UN still sleep on this regards.

Posted By: Habt


This is real shame on people who perpetrated this crime against the mother country. Such people deserve something else...but certainly not the Presidency even in a Maranadhara Samithiya.

Posted By: Nishantha

The president of srilanka wanted a sinhala budhist country. others are 2nd class citizens. Indian gave a good chance to kill the miniroty tamils.

Posted By: DPL

General, You have already tarnished the image of our motherland. I don't think that people of Sri lanka will vote you to select as president in future election. You are not suitale even for member of a Gramidaya samitiya.

Posted By: Rohana

It looks as if Mangala Samaraweera is using SF's ego to kill two birds in one stone. On one hand he is trying to lure the Tamil votes and on the other hand he is trying to take revenge to MR and GR. Both of which I'm sure SF will also gladly support.

Posted By: Nihal

We know SF has been a good Military man. But in politics he and Ranil Wickremasinghe will bring disaster to this country. Any one who votes for SF will be a traitor to this country

Posted By: Ananda D

Thank you so much SF.

Posted By: Kings People

second operation of SF has commenced

Posted By: sathsara

Well done SF. The voters will know that you mean what you say. Sri Lanka needs someone to clean out cold blooded murders and murderers, uphold national and international laws, security to all citizens and a returrn to peace after decades of political roguery, mob rule and riots. Someone like can do it, not family bandits.

Posted By: Grountruth

A soldier became a General and General became a traitor, what an upside down story of Gladiator. No one can destroy this country and people, but he himself. SF will not contest this election, he has no idea of contesting even. He is manhandled by USA. Watch this man till jan 26th. He will vanish very soon.

Posted By: nipuna

No matter how we did it. as long as we did it. how many innocense LTTE killed. a couple caders is not a big deal. we should always be thankfull first for what we have and not for what we are going to get. we have peace now which others countrys dont have. now we should all get to gather and rebuild the country.

Posted By: imran ishbeen

Thank you sf keep going to tell about truth! Thank you SF!

Posted By: sam(canada)

Good start for the GR!!! We need to find the culprit If it is true

Posted By: Vijay

Defense Secretary, you have played a right royal trick on the LTTEers. Getting them to surrender and thereafter getting them shot!!! So Sarath Fonseka revealed that you are not to be trusted. You should have been more careful when you decided to remove SF from the post of Army Commander. Didn't you realize that all your skeletons will come out of the cupboard one day?

Posted By: Anjalie Silva

ohhh..im sorry about poor JVP now MANO will be the happiest person now..anyway GOD BYE fonseka

Posted By: dilanka

SF YOU HAVE COMITTED SUICIDE.

Posted By: gamage

As soon as Presidential election is over, SL government must send SF to UN Tribunal to answer all these question.

Posted By: dsr-neckar

Let us stop the 'betrayal', 'Traitor' Nonsense. As a true Buddist,I am bit concerned and started to worry, if what this guy say is true. As I was thinking the Pro LTTE diaspora is making this claims and that was deniyed by our ministers. If this is true, then for god sake let the culprits face the music and they can't rule my country at any cost.

Posted By: Nanayakara

Why is UN worried about the dead terrorists and reacting on a false foul mouth talk by a RETIRED SOLDIER? When hundreds of SURRENDERED POLICEMEN WERE BRUTALLY GUNNED DOWN BY LTTE,THESE UN PUNDITS WERE DEAD SILENT.Was it because many of them were SIN HALESE??? UN,PL ANSWER.

Posted By: Jay Ranaweera