By Colombo Telegraph –
“There are, however, similar cases from the mid-1990s now working their way through the courts involving officials who have since been promoted and are now in key positions in MoD. We are following a case dating from 1996 involving the disappearance of 25 villagers from the Jaffna peninsula in which Lt. Col. Duminda Keppetiwalana, now the executive assistant of Army Commander Fonseka, is implicated. (Keppetiwalana has been denied U.S.-funded training under the Leahy Amendment because of pending charges against him, ref o.) The magistrate who was handling the case has since been transferred from Jaffna to Colombo and demoted to juvenile court. If the 1996 case is quashed, it will be an indication that Sri Lanka is making little headway on accountability. ” US Embassy Colombo informed Washington. The cable is classified as “Confidential” and written by the Ambassador Robert O. Blake on September 6, 2007.
Judge Srinithy Nandasekaran
In another cable dated October 19, 2007 Robert O. Blake wrote “Ms. Nandasekaran served in Jaffna as an Additional Magistrate from late 2003 until September 2006. While in that position, Ms. Nandasekaran allowed a case against several officers, including Lt. Col. Duminda Chanaka Keppetiwalana, to proceed. Keppetiwalana was then commanding officer of Nawathkuly Army Camp and is the current executive assistant to the Sri Lankan army commander. Keppetiwalana was accused of overseeing the abduction and assassination of more than 30 persons in 1996-97. Because of the high profile nature of the defendant, Ms. Nandasekaran was strongly advised by colleagues on the bench to dismiss the charges and received threats from government and military leaders when she refused. She did not bow to the pressure. Ms. Nandasekaran also played a key role in the controversial case involving the abduction and murder of Jaffna human right activist Father Jim Brown, a Catholic priest who disappeared near a military checkpoint in mid-2006. Ms. Nandasekaran had ordered the police to begin investigating the Sri Lankan Navy’s alleged involvement in Father Brown’s disappearance. Because of her involvement in the Keppetiwalana and Father Brown cases, she was removed from her assignments and restricted to hearing only civil cases. No progress has been made in the Keppetiwalana or Brown investigations since her removal from the cases. Ms. Nandasekaran was transferred from Jaffna in January 2007, shortly after sharing information with Ambassador Blake about human rights abuses in Jaffna”
“When she was transferred from Jaffna to Colombo in January 2007, Ms. Nandasekaran was demoted to the Juvenile Court.” he further wrote.
The Colombo Telegraph found the related leaked cable from the WikiLeaks database. Read the relevant parts of the cables below;
VZCZCXRO9723 OO RUEHBI RUEHLMC DE RUEHLM #1225/01 2491121 ZNY CCCCC ZZH O 061121Z SEP 07 FM AMEMBASSY COLOMBO TO RUEHC/SECSTATE WASHDC IMMEDIATE 6749 INFO RUEHKA/AMEMBASSY DHAKA PRIORITY 0388 RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 7376 RUEHKT/AMEMBASSY KATHMANDU PRIORITY 5493 RUEHLO/AMEMBASSY LONDON PRIORITY 4004 RUEHNE/AMEMBASSY NEW DELHI PRIORITY 1323 RUEHNY/AMEMBASSY OSLO PRIORITY 4072 RUEHKO/AMEMBASSY TOKYO PRIORITY 3158 RUEHCG/AMCONSUL CHENNAI PRIORITY 7965 RUEHBI/AMCONSUL MUMBAI PRIORITY 5609 RUEHON/AMCONSUL TORONTO PRIORITY 0388 RUEHGV/USMISSION GENEVA PRIORITY 2298 RHHMUNA/HQ USPACOM HONOLULU HI PRIORITY RHEFDIA/DIA WASHINGTON DC PRIORITY RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RUEHLMC/MILLENNIUM CHALLENGE CORPORATION PRIORITY
C O N F I D E N T I A L SECTION 01 OF 08 COLOMBO 001225
SIPDIS
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 09/05/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: HUMAN RIGHTS IN SRI LANKA: SOME IMPROVEMENT BUT
MORE REMAINS TO BE DONE
REF: A) COLOMBO 977 B) COLOMBO 1036 C) COLOMBO 1078
D) COLOMBO 728 E) COLOMBO 722 F) COLOMBO
709 G) COLOMBO 413 H) COLOMBO 463 I)
COLOMBO 809 J) COLOMBO 1187 K) COLOMBO 920
L) COLOMBO 746 M) COLOMBO 899 N) COLOMBO
959 O) COLOMBO 409 P) COLOMBO 1218
Classified By: Ambassador Robert O. Blake, Jr. Reasons: 1.4(b, d).
¶27. (C) There are, however, similar cases from the mid-1990s now working their way through the courts involving officials who have since been promoted and are now in key positions in MoD. We are following a case dating from 1996 involving the disappearance of 25 villagers from the Jaffna peninsula in which Lt. Col. Duminda Keppetiwalana, now the executive assistant of Army Commander Fonseka, is implicated. (Keppetiwalana has been denied U.S.-funded training under the Leahy Amendment because of pending charges against him, ref o.) The magistrate who was handling the case has since been transferred from Jaffna to Colombo and demoted to juvenile court. If the 1996 case is quashed, it will be an indication that Sri Lanka is making little headway on accountability.
VZCZCXYZ0010 OO RUEHWEB DE RUEHLM #1441/01 2920922 ZNR UUUUU ZZH O 190922Z OCT 07 FM AMEMBASSY COLOMBO TO SECSTATE WASHDC IMMEDIATE 7040
UNCLAS COLOMBO 001441 SIPDIS SIPDIS DEPARTMENT FOR SCA/INS AND G/IWI E.O. 12958: N/A TAGS: PREL PHUM KWMN KPAO CE SUBJECT: SRI LANKA: NOMINATION FOR SECRETARY'S INTERNATIONAL WOMEN OF COURAGE AWARD REF: STATE 126072 ¶1. Embassy Colombo wishes to nominate Ms. Srinithy Nandasekaran of Sri Lanka for the Secretary's International Woman of Courage Award. As one of Sri Lanka's few female attorneys from the ethnic minority Tamil population, Ms. Nandasekaran has worked tirelessly as a lawyer, judge, and human rights activist to protect the rights of civilians caught in the crossfire of Sri Lanka's 25-year ethnic conflict. ¶2. Ms. Nandasekaran's determined efforts to hold government officials and security force officers accountable for their actions have led to career demotions and threats to her life and the lives of her family members. In 2003, while serving in Kayts, an island off the Jaffna peninsula in northern Sri Lanka, Ms. Nandasekaran came under fire for ordering the return of 13 official vehicles that were being inappropriately used by the Eelam People's Democratic Party (EPDP), a pro-government paramilitary group with a history of serious human rights abuses. She defied advice from a senior judge to consider the lives of her three children and withdraw the order against the EPDP. Rather than allow the case to proceed, the Government removed her from her position as Magistrate and District Judge in Kayts and transferred her to Jaffna. ¶3. Ms. Nandasekaran served in Jaffna as an Additional Magistrate from late 2003 until September 2006. While in that position, Ms. Nandasekaran allowed a case against several officers, including Lt. Col. Duminda Chanaka Keppetiwalana, to proceed. Keppetiwalana was then commanding officer of Nawathkuly Army Camp and is the current executive assistant to the Sri Lankan army commander. Keppetiwalana was accused of overseeing the abduction and assassination of more than 30 persons in 1996-97. Because of the high profile nature of the defendant, Ms. Nandasekaran was strongly advised by colleagues on the bench to dismiss the charges and received threats from government and military leaders when she refused. She did not bow to the pressure. ¶4. Ms. Nandasekaran also played a key role in the controversial case involving the abduction and murder of Jaffna human right activist Father Jim Brown, a Catholic priest who disappeared near a military checkpoint in mid-2006. Ms. Nandasekaran had ordered the police to begin investigating the Sri Lankan Navy's alleged involvement in Father Brown's disappearance. Because of her involvement in the Keppetiwalana and Father Brown cases, she was removed from her assignments and restricted to hearing only civil cases. No progress has been made in the Keppetiwalana or Brown investigations since her removal from the cases. Ms. Nandasekaran was transferred from Jaffna in January 2007, shortly after sharing information with Ambassador Blake about human rights abuses in Jaffna. ¶5. Ms. Nandasekaran has been commended by human rights activists and citizens in Jaffna for her personal commitment to justice for the victims of human rights abuses, often in defiance of threats from the government and paramilitary groups. In May 2006, she provided information to the police on the massacre of 12 civilians in Alapitty, Kayts. In August 2006, she personally assisted in the rescue of 54 injured civilians from a Christian church that was under attack. As Jaffna Magistrate, she initiated a new procedure whereby victims or victims' relatives can initiate cases in the Magistrate's Court when civilians are reported missing after being take into custody by government security forces. ¶6. When she was transferred from Jaffna to Colombo in January 2007, Ms. Nandasekaran was demoted to the Juvenile Court. Nonetheless, she has taken on the role of defending the rights of women and children with enthusiasm, saying "I don't mind. There is a lot to be done to protect the children of Sri Lanka." In several cases she has pursued justice against those accused of child abuse and violence against women, even when the perpetrators were influential officials. ¶7. Ms. Nandasekaran is richly deserving of this award. Post confirms that Nandasekaran has been notified and has consented to her nomination. Full Name: Srinithy Nandasekaran Title/Position: Magistrate, Colombo Juvenile Court DOB: xxxxxxxxxxxxxx [ Edited out by Colombo Telegrapah] POB: Colombo, Sri Lanka Citizenship: Sri Lankan Address: xxxxxxxxxxxxxx [ Edited out by Colombo Telegrapah]
Phone Numbers: xxxxxxxxxxxxxx [ Edited out by Colombo Telegrapah]
Email Address: xxxxxxxxxxxxxx [ Edited out by Colombo Telegrapah]
Passport Number: xxxxxxxxxxxxxx [ Edited out by Colombo Telegrapah]
BLAKE
Liyange C / October 15, 2012
So no case now?? I just read the other story ;
British Authorities Charge 5 Royal Marines With Murder In Afghanistan Death
https://www.colombotelegraph.com/index.php/british-authorities-charge-5-royal-marines-with-murder-in-afghanistan-death/
That is how civilized society should react .
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mahadenamutta / October 17, 2012
How does it taste ? Small clue the w a !!!
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David Blacker / October 18, 2012
Really? How come in that civilized society it is only ordinary soldiers who are charged and not high-ranking officers? Remember Abu Ghraib? No one above the rank of sergeant ever went to trial. SL has convicted soldiers for war crimes such as in the Krishanthy Kumaraswamy case. The entire invasion of Iraq was a war crime. Where are the charges against the generals and politicians in these civilized societies?
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Native Vedda / October 18, 2012
David Blacker:
” How come in that civilized society it is only ordinary soldiers who are charged and not high-ranking officers?”
Because soldiers by definition are stupid who are willing to kill and be killed, have no defense for obeying orders.
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David Blacker / October 19, 2012
As usual, Jungle Boy, your haste to insult fogs what little brain cells you have left. There is no defense in obeying orders, but what is the defense to issuing those orders that ensures that no high ranking officer, or even low-ranking officer has been prosecuted by those civilized countries in the last 30 years?
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Thanga / October 15, 2012
I know about this, I was from there. The magistrate was even attacked this year. Law less country. Thank you Colombo Telegraph digging this. UPR should raise this issue.
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Khema S / October 15, 2012
Indeed a brave judge! Long live!
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Human / October 15, 2012
Srinithy Nandasekaran is a brave judge. We wish we have many more like her.
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dicky Bird / October 15, 2012
She is a jewel in the Judiciary. She need to be protected and given a position that could shake up the police.
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genga / October 15, 2012
well said about this Judge. Others if they have atleast maintained the indipendant of the judiciary we wouldn’t have to this sad state of affairs. You have to live with dignity and pride that you can not buy with money or power. This is the right time to call all the professionals to wake up and carry the torch of liberty say enough is enough
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Peter / October 15, 2012
A rare couragous lady.
Take care.
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Native Vedda / October 16, 2012
Peter
She has balls unlike the other male judges.
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Rasa / October 17, 2012
Another former ..
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy
http://colombotelegraph.com/comments-policy/
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Sena / October 17, 2012
2 things:
1. U.S.A. should mind their own business and find why their army ranks are not given any inquiry for the cold blooded killing of citizens in other countries. Has they legitimately arrested or abducted those prisons in CIA run torture houses around the world?
2. While admiring the judge for courageous role in judiciary, her involvement in sharing court cases with U.S. ambassador should be overwhelmingly condemned. These clearly show that she had ulterior motive to support LTTE demands.
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JULAAMPITYE AMARAYA / October 17, 2012
Maha sena [maha sona]
so your government doing everything correctly? .
you people don’t have a backbone to stand up and tell wat is wrong and right.
correct; now i found out , self respect , good habits , and respect to other’s life like so many good things come from family back ground and good linage.
not from looters and pimps like your political pigs.
if you are lack of that try to develop and learn.
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Cautilya / October 17, 2012
Writing in English is entirely different to shouting from a prison rooftop! Can you give an English translation of what you meant in this? Nobody seems to understand your language!
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Laksumana / October 18, 2012
Why don’t you develop and learn your English first?
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Mahasonah / October 17, 2012
Its strange indeed that Maha Rajano did not opt to spend a bullet so far maybe because the Lt. Col. was always on SF’s side and could be used as an instrument to quell his progress only when necessary but nevertheless, please take extra care. They can afford to make many mistakes but you need to do it only once as IRA once said to Ms. M. Thatcher when she escaped the Grand Hotel blast at Brighton!
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Native Vedda / October 17, 2012
Sena:
“her involvement in sharing court cases with U.S. ambassador should be overwhelmingly condemned.”
Where did you read that she shared court cases with U.S. ambassador?
You must be privy to US confidential information which means one thing and one thing only. You knsow what it is.
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Native Vedda / October 17, 2012
Sena:
“her involvement in sharing court cases with U.S. ambassador should be overwhelmingly condemned.”
Where did you read that she shared court cases with U.S. ambassador?
You must be privy to US confidential information which means one thing and one thing only. You know what it is.
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Cybraed / October 17, 2012
Who else could she probably have gone to when everybody else is trying to kill her? I don’t blame her and I would have done the same thing in her shoes!
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Cautilya / October 17, 2012
Uncommon valour indeed! Undoubtedly the bravest person in SL. Ex CJ must wear a saree. How many more people of this lady’s nature may we have lost due to war.
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shankar / October 19, 2012
She should be made the chief justice.
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Native Vedda / October 19, 2012
David Blacker:
“As usual, Jungle Boy, your haste to insult fogs what little brain cells you have left.”
This is part of my morning, afternoon, and evening rituals to greet you. I fear you might be highly offended without these greetings. Now that I have greeted you well let me get on with my comment.
You ask:
“but what is the defense to issuing those orders that ensures that no high ranking officer, or even low-ranking officer has been prosecuted by those civilized countries in the last 30 years?”
Could you find out from your former bosses so that we can put it to rest for the next 30 years.
I hear from informed people, that there are various on going investigation by ICC on War crime and crime against humanity.
You would be surprised to know Bangladesh has initiated its own investigation into 1971 war even after 40 years. You are rest assured that there will be an independent investigation into Sri Lankan sordid war history.
On question of why senior commanders are not investigated please read:
STILL SEEKING JUSTICE IN SRI LANKARULE OF LAW, THE CRIMINAL JUSTICE SYSTEMAND COMMISSIONS OF INQUIRY SINCE 1977KISHALI PINTO-JAYAWARDENAJANUARY 2010
http://www.nipsa.in/wp-content/uploads/2011/04/Sri-Lanka_final_3.pdf
If you could meet the commissioners of these three commissions you may be able to gather more information.
Please note you don’t have to be grateful to me for the above information.
I hope we will continue to maintain a healthy mutual disrespect for each other.
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