Navy’s prized catch snatched away by SLMM
A Sri Lanka Navy patrol craft deployed for port security near the Dockyard in Trincomalee, home for Eastern Naval Area headquarters, had an unusual encounter on May 8. After noticing the suspicious movement of a fibre glass dinghy within the restricted high security zone, meant to protect the Port and the Naval installation, they gave chase. Some 20 minutes later, they apprehended the boat which was trying to evade detection, some 1.6 nautical miles off the Flag Staff Point.


LTTE Political Wing leader S. P. Tamilselvan greets Norwegian Foreign Minister, Jan Peterson, on arrival in Kilinochchi by a Sri Lanka Air Force helicopter for talks with LTTE leader, Velupillai Prabhakaran. Also with him is Deputy Foreign Minister, Vidar Helgesson. - LTTE photo.

It was a Sea Tiger boat. On board were Ranjan, described as a Tiger guerrilla expert on radar equipment. His two colleagues were Ramanan and Wan Mukilan. There was one 40 litre explosive can, three bicycles and a communications set. The detection came in a week when Tiger guerrilla recruitment and training in the Trincomalee district were apace. It was only last Saturday the latest batch of recruits "passed out" at a ceremony in Mutur.

It was just days ahead of Norwegian Foreign Minister Jan Peterson's meeting with Tiger guerrilla leader, Velupillai Prabhakaran, to invite him to return to the peace talks and the aid donor meeting in Tokyo. It transpired that the Sea Tiger boat with warlike material had intruded into the restricted zone encompassing the Port - a violation of the Ceasefire Agreement of February 22, 2001. That is besides a violation of the laws of the land.


Last Saturday’s LTTE ‘Passing out parade’: Trincomalee LTTE leader, Paduman and “newly passed out” Tiger guerrilla cadres take “oaths” after “the parade’ in Ralkuli, Mutur. Pix by Sinniah Gurunathan

Navy's Deputy Commander for Eastern Naval Area, Commodore S.R. Samaratunga, has said in a report to the Commander of the Navy, Vice Admiral Daya Sandagiri, that his men who intercepted the boat had performed their legitimate task of safeguarding the sovereignty and territorial integrity by arresting the boat. See box story on this page for the full report.

But the hours that followed the Navy detection appears to have changed fact into fiction. Telephones at the Political Offices of the Liberation Tigers of Tamil Eelam (LTTE) were busy. They were moving heaven and earth with the Sri Lanka Monitoring Mission (SLMM) to get the issue sorted out. The SLMM, in turn, were busy contacting the Secretariat for Co-ordinating the Peace Process (in the Prime Minister's office) and the Navy.

It soon became clear that the LTTE did not want their top man, the radar expert, to fall into the hands of the authorities together with the two colleagues. They moved tooth and nail to prevent the Navy from handing him over to the Police with the other two, the explosives, communications equipment and the boat. That was for legal action in accordance with the laws of the land. Did they fear the man would reveal secrets of LTTE radar points?

The Sunday Times learnt that the Navy resisted several insidious pressure moves, some from top bureaucrats in the Ministry of Defence, to suppress the matter. They wanted the Navy not to proceed with any further action. Among other players in this exercise, to bend forwards and backwards to please the LTTE, were some top personalities in the UNF Government and a highly influential non Sri Lankan.

In their determination to uphold the territorial integrity, sovereignty and the normal laws of the land, the Navy continued to resist. But, alas they were told they would have to heed an SLMM determination that was being issued later that day (May 8). The determination came from retired Norwegian Major General Tryggve Tellefsen, Head of the SLMM. In his one page report, he declared "This morning the SL Navy intercepted a fishing boat manned by three (3) LTTE cadres. SLMM Naval Monitoring Team in Trincomalee was informed by the Navy, and brought to the scene around 1245 pm." See box story on this page for Maj. Gen. (retd.) Tellefsen's full report.

Maj. Gen.(retd.) Tellefsen asserts in this report that "SLMM negotiated a workable and fair solution" based on facts. In his four point determination he says:

1. Two of the LTTE crew- members will be detained by SLN and handed over to the GOSL Police.
2. The explosives will be confiscated by SLN.
3. The third LTTE crew-member along with the"fishing boat" will be handed over to the SLMM at the scene.
4. SLMM is willing to witness in the court of law that the LTTE boat was carrying explosives, and to provide evidence to support any investigation of this incident.


It is not clear how Maj. Gen. (retd.) Tellefsen's "workable and fair solution" determine that the boat apprehended by the Navy patrol was a "fishing boat." There is no evidence whatsoever from the Navy, the SLMM monitors who came on board later or from any other quarter to confirm this assertion. It is common sense that the Sea Tigers do not engage in fishing, Moreover, besides the explosive can and the communications set, there were no fishing nets or other equipment to suggest that it was a "fishing boat." It was, quite clearly, a boat used by Sea Tigers for their illegal operations at sea.

By his own admission, Maj. Gen. (retd.) Tellefsen's offer that the SLMM is "willing to witness in court of law that the LTTE boat was carrying explosives, and to provide evidence to support any investigation of this incident" is indeed interesting. The question arises whether such evidence in a court of law would speak of the fact that the boat used was a "fishing boat ?" One need hardly consult any dictionary. Even to the most dim witted, it is clear that a "fishing boat" is one used for fishing. Is one to believe that the Sea Tiger craft intruded into the restricted zone whilst the guerrilla cadres went fishing ?

Little wonder Navy Chief, Vice Admiral Daya Sandagiri, was angry about Maj. Gen. (retd.) Tellefsen's "workable and fair solution." In falling in line with the SLMM's determination, he had made clear that he was compelled to accept it under protest. Pointing out that the SLMM act exceeds "the mandate of the SLMM" Vice Admiral Sandagiri has warned in a letter to Defence Secretary, Austin Fernando, that "determinations of this nature by SLMM would not be any longer acceptable to the members of the SLN and to the country in view of their gross contradiction and disregard for the real situation."

In the letter Vice Admiral Sandagiri did not hide his feelings when he said "it is respectfully observed that the Government of Sri Lanka maintains the status quo without prejudicing national security, territorial integrity and sovereignty of the nation."

Like all other concerns expressed by Security Forces top brass, whether this will also fall on the deaf ears of the Defence Ministry’s increasingly insensitive bureaucracy remains the crucial question. It is no secret that they have been voicing deep concern over mounting fears that the nation's vital security interests are being compromised. For obvious reasons one cannot elaborate.

Vice Admiral Sandagiri has charged that when "the HOM (head of mission) of the SLMM, stated in his report that the SLN intercepted a fishing boat manned by LTTE, it was a deliberate attempt at establishing misleading information. The reason being that the members of the SLMM themselves witnessed that the boat had neither fishing gear nor fish on board."

He has said that the Navy was "compelled to accept the determination of the SLMM" over the incident under protest despite the following:

"i. The boat with three LTTE cadres was intercepted within the restricted zone in Trincomalee. It was carrying explosives, thus contravening article 1.7 of the MOU.

"ii. The boat was carrying communication equipment onboard which was also a contravention of MOU article 1.7.

"iii. When attempts were made to check the boat, the LTTE cadres, threatened to commit suicide. The article 1.2 (a) of the MOU relevant."

This is what article 1.7 in the Ceasefire Agreement quoted by Vice Admiral Sandagiri says:

"1.7 The Parties shall not move munitions, explosives or military equipment into the area controlled by the other Party."

Dealing with the threat by guerrillas to commit suicide, Vice Admiral Sandagiri quotes provision 1.2 (a) of the Ceasefire Agreement. This is what it says:

"(a) The firing of direct and indirect weapons, armed raids, ambushes, assassinations, abductions, destruction of civilian or military property, sabotage, suicide missions and activities by deep penetration units." See box story on this page for the full text of Vice Admiral Sandagiri's letter to Defence Secretary Austin Fernando.

It was the same retired Norwegian Major General Tryggve Tellefsen, who ruled that (Situation Report - April 6) that "armed elements - not recognised by any of the Parties - operating in LTTE or GOSL controlled areas, represent a serious threat to the peace process. Hence, the SLMM urges the Parties to find, disarm and arrest such elements."

This SLMM determination came after the sinking of the Chinese fishing trawler on March 3. More than two months after the incident, neither the LTTE nor the Government of Sri Lanka have so far identified this so-called third element.

It was the same Maj. Gen. (retd.) Tellefsen, who proposed in an Initial Discussion Paper to prevent incidents at sea between the Navy and LTTE (dated April 3) that the Government of Sri Lanka recognize the LTTE Sea Tigers as a de facto naval unit and exclude them from the laws concerning limitations on outboard motors. He also recommended that specific and marked exercise and training areas at sea be provided to them. (Situation Report - April 20).

It was the same Maj. Gen. (retd.) Tellefsen who, in a subsequent "SLMM ADJUSTED PROPOSALS" carved out areas in a map of Sri Lanka for training and live firing exercise areas for the LTTE in the western and eastern territorial waters of Sri Lanka. (Situation Report - May 4). He also called for the recognition of Sea Tigers as a de facto naval unit.

It was the same Maj. Gen. (retd.) Tellefsen who last week forwarded to the LTTE the proposals by retired Indian Lieutenant General Satish Nambiar in respect of High Security Zones (HSZ) in the Jaffna peninsula (and not Special Envoy Erik Solheim as inadvertently reported last week).

And now, it is the same Maj. Gen. (retd.) Tryggve Tellefsen, who has issued what he calls a "workable and fair solution" to the incident involving the intrusion of a Sea Tiger boat into a restricted zone off the Trincomalee Port carrying war like material.

Whilst last minute international efforts are being made to urge the LTTE to return to peace talks and take part in the aid donor meeting in Tokyo next month, the biggest question that looms large is whether the proposals and determinations brought out by the Head of Mission of the SLMM is both workable and fair. More so with the past track record he has created.

SLMM chief’s ruling on the incident
Here is the full text of SLMM's controversial determination on the detection of a Sea Tiger boat on May 8. See full story on this page:

Sri Lanka Monitoring Mission SLMM URGENT
Mr Austin Fernando
Defence Secretary/GOSL
SLMM DETERMINATION OF INCIDENT AT SEA OFF TRINCOMALEE MAY 08

Background
This morning the SL Navy intercepted a fishing boat manned by three (3) LTTE cadres. SLMM Naval Monitoring Team in Trincomalee was informed by the Navy, and brought to the scene around 1245 PM.

The LTTE cadres refused any inspection by the Navy, and threatened to commit suicide by detonating several kilograms of explosives stored in a barrel, if the Navy should make any attempt to inspect or arrest them.

During the negotiations between the SLMM monitors and the LTTE crew, the LTTE was willing to surrender two (2) of the cadres to the Navy, provided that the fishing boat and the third member of the crew was released immediately. However, the SL Navy did not accept this and demanded the detention of the boat along with the LTTE crew. After further negotiations, and after discussion with the LTTE leadership in Killinochchi, SLMM suggested the following solution:

Two (2) LTTE cadres should surrender to the SLN, and the explosives handed over to the SLN. The fishing boat and the third crew-member should be released immediately. The LTTE accepted this, and the GOSL was informed accordingly. The SLMM monitors at the scene were informed and ordered to be prepared to monitor the implementation of the solution. When the solution was about to be implemented the SLN objected, stating that all three LTTE cadres had to surrender and the fishing boat confiscated.

Head of SLMM determination
Based on the above-mentioned facts and proposal, and the fact that SLMM negotiated a workable and fair solution, Head of SLMM makes the following determination:

(a) Two of the LTTE crew-members will be detained by SLN and handed over to the GOSL police.
(b) The explosives will be confiscated by SLN.
(c) The third LTTE crew-member along with the fishing boat will be handed over to SLMM at the scene.
(d) SLMM is willing to witness in the Court of law that the LTTE boat was carrying explosives, and to provide evidence to support any investigation of this incident.

Sincerely
Sgd. Tryggve Tellefsen
Major General
Head of SLMM


Commodore Samaratunga’s report to Navy Chief
Here is the full text of the report sent to Navy Commander, Vice Admiral Daya Sandagiri, by Commodore S.K. Samaratunga, Deputy Area Commander, Eastern Naval Area (with copy) to SLMM on the May 8 boat incident. See full story on this page.

EASTERN NAVAL
COMMAND Dockyard - Trincomalee
09th May 2003
Dear Sir

INTERCEPTION OF LTTE FGD WITH EXPLOSIVES WHILST CROSSING RESTRICTED ZONE OFF TCO HARBOUR
1. On 8th May 2003 at approx 1130 SLN craft P 125 deployed for Harbour security, detected 01 fast moving FGD crossing restricted zone from South to North, off TCO Harbour. After chasing for approx 20 minutes suspicious FGD was intercepted in location approx 1.6 NM off Flag Staff Point and stopped. Events took place subsequently with regard to this incident is submitted below in chronological order;

a. 1150 hrs - Suspicious LTTE FGD intercepted and stopped. Three occupants in plain clothes carrying hand held com set declared themselves to be LTTE members and carrying high explosives in a container from Batticaloa to Mullativu.

b. 1155 hrs - SLN craft informed that they are under arrest and ordered them to permit SLN to carry out a detail search of the craft. LTTE refused and threatened with suicidal explosion if SLN boarded craft.

c. 1200 hrs - SLMM office in TCO informed of incident and requested presence of Naval monitors immediately.

d. 1215 hrs - 02 SLMM monitors arrived at Dockyard and reached location by SLN craft at approx 1250 hrs. SLMM also failed in persuade LTTE members to present themselves for search and apprehension by SLN.

e. 1300 hrs - LTTE, SLN and Monitors in location represented their situation to higher authorities. However after much persuasion by SLN personnel in location LTTE agreed to present their craft for search by SLN.

f. 1430 hrs - SLMM monitors indicated suggestions of Head of SLMM to release boat with one LTTE member and two members with explosives to surrender to SLN for Police action. SLN has rejected this suggestion and insisted LTTE boat to surrender for Police action.

g. 1835 hrs - After much discussions and negotiations SLMM determination was received to release one LTTE member along with the boat to SLMM custody and two LTTE members with explosives to be surrendered to SLN for Police action. (Head of SLMM determination is attached herewith.)

h. 1840 hrs - LTTE boat with member Ranjan (LTTE ID. No. 05056) released to SLMM custody and on instructions of monitors LTTE boat was escorted up to Illankanthai. (17 feet FGD, HP Yamaha Enduro OBM with approx 100 lts of fuel was released)

i. 1930 hrs - Following LTTE personnel and items found onboard handed over to Harbour Police for action.
Persons Ramanan - LTTE ID No. 07818
Wan Mukilan - LTTE ID No. 05336
Items
Explosives Canister - 01
(Plastic 40 Lts can)
Bicycles - 03
Comm Set - 01

2. SLN considered this incident of LTTE members carrying explosives and communication equipment being at sea and crossing the restricted zone off Trincomalee Harbour is a gross violation of CFA. In addition carrying explosives is an act against the existing law of the land.

3. At this incident SLN has performed their legitimate task of safe guarding sovereignty and territorial integrity by arresting a boat carrying warlike material at sea and in restricted zone. SLN has sincerely honoured the spirit of CFA by refraining any form of offensive action and exercised maximum restraint when LTTE members threatened to commit suicide and refused to prevent themselves for search.

4. The possession and transport of explosives is considered a serious offence committed against national security. Hence, in order to resolve this issue in a justifiable manner without using force the assistance of monitors was requested. The Monitors’ intervention has finally resulted in resolving the issue in a manner prejudice to the law of the country in which the boat and a person involved in a serious offence was released by the determination of the Head of SLMM.

Thus the jurisdiction of the courts of Sri Lanka appears to have been seriously infringed on an incident so vital to the national security of Sri Lanka. However the SLN Rep in location with approval from NHQ has honoured the determination given by the Head of SLMM and acted accordingly.

5. It is further reiterated that prior to arriving at any determination by SLMM, SLN has requested and insisted that LTTE boat with crew should present themselves to Naval custody and subsequent Police action and release of any person and boat to be decided upon in accordance with the law of the land.

6. It is recommended that MOD be appraised of this situation and request Head of SLMM in Colombo to make a careful assessment on this incident and the circumstances, which led to the release of LTTE member with FGD, by the intervention of SLMM, in order to ascertain whether all the parties involved in this incident has acted impartially and in good faith upholding the best interest of the objective of CFA without prejudice to the feelings of any of the parties to conflict and with due respect to the jurisdiction of Sri Lanka.

Sgd. S.R SAMARATUNGA, RSP, USP,psn
Commodore
Deputy Area Commander (E)
for COMMANDER
EASTERN NAVAL AREA


Navy Chief receives SLMM report under protest
The SLN was compelled to accept the determination of the SLMM under protest says Navy Chief Vice Admiral Daya Sandagiri in a letter dated May 11 to Defence Secretary, Austin Fernando. Here is the full text. See story on this page.

The Secretary
Ministry of Defence
Colombo

VIOLATION OF THE MOU BY LTTE ON 8TH MAY ATTRINCOMALEE
Reference: Commander Eastern Naval Area letter No. CE 070/1/2 (B) dated 9th May 2003 (Copy attached)

1. The SLN was compelled to accept the determination of SLMM on above incident under protest despite the following;
(i) The boat with 3 LTTE cadres was intercepted within the
restricted zone in Trincomalee. It was carrying explosives, thus contravening article

1.7 of the MOU.
(ii) The boat was carrying communication equipment onboard which was also a contravention of MOU article 1.7
(iii) When attempts were made to check the boat, the LTTE cadres, threatened to commit suicide. The article 1.2 (a) of MOU relevant.

2. When the HOM of the SLMM, stated in his report that the SLN intercepted a fishing boat manned by LTTE, it was a deliberate attempt at establishing misleading information. The reason being that the members of the SLMM themselves witnessed that the boat had neither fishing gear nor fish on board.

3. The SLMM, having discussed with LTTE hierarchy, imposed pressure on the SLN to release a very important cadre, responsible for many offensive actions against the Navy and is at present engaged in monitoring the movements of SLN vessels at sea.

4. The possession and transport of explosives are considered gross violation of the MOU and a serious offence committed against the national security. The SLMM intervention has finally resulted in resolving the issue in a manner that violates the law of the country - in which the boat and a person involved in a serious offence were released by the determination of the HOM of SLMM.

5. In this incident the SLN has performed their legitimate task of safeguarding the sovereignty and territorial integrity of the country and subsequently has honoured the spirit of the MOU and acted with maximum restrain.
However the SLN reiterates that determinations of this nature by SLMM would not be any longer acceptable to the members of SLN and to the country in view of their gross contradiction and disregard for the real situation.

6. In view of the above it is respectfully observed that the government of Sri Lanka maintains the status quo without prejudicing national security, territorial integrity and sovereignty of the nation.

Sgd. DWK SANDAGIRI VSV, USP,rcds,psc
Vice Admiral
COMMANDER OF THE NAVY
Copy to: i. Director General, SCOPP
ii. Head of Mission, SLMM
Commander Eastern Naval Area


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