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Killings yes, but no Karuna camps
Police and Army personnel give evidence on the killing of LTTE Ampara-Batticaloa leader Kaushalyan
By Chris Kamalendran and Asif Fuard in Batticaloa
The Sri Lanka Army's senior most officer in Batticaloa has told a Presidential Commission probing the death of LTTE Ampara - Batticaloa political wing leader Kaushalyan- that the LTTE had violated the Cease-Fire Agreement (CFA) by carrying arms into government controlled areas.

"This is a violation of the CFA", he told the Commission comprising Vavuniya High Court Judge Jeremiah Wiswanathan and Ampara High Court Judge W.T.M.P.B. Warawewa.

Secretary to the Commission, A.R.M Kaleel and State Counsel Kumara Ratnam are assisting the Commission.

The sittings took place in the Batticaloa High Courts premises where army and police officers based in the district appeared before the Commission. This was the second phase of the Commission sittings, after sittings in Ampara last week.

Brigadier Laksiri Amaratunge, Brigade Commander of the 223 Brigade said the LTTE had violated the CFA by entering government controlled areas carrying arms.

He said there had been several killings by the LTTE in the area under him and armed LTTE cadres had been arrested.

Q:Is the Army assisting or harbouring the Karuna faction ?
A: No we are not aiding or harbouring the Karuna fraction.

Q: Are you aware that the Karuna faction is operating in government controlled areas ?
A: Breakaway Karuna faction cadres are operating in LTTE controlled areas.

Q: Are there any Karuna faction camps located in government controlled Welikanda area ?
A: There are no such camps in the Welikanda area.

Q: Do you have suggestions on how these clashes can be averted?
A: There are instances where LTTE cadres have been arrested in government controlled areas with firearms and hand grenades. They must abide by the CFA. We can also give protection to their leaders when they travel from uncleared areas to cleared areas or to the Wanni. We have told the LTTE leadership to inform us about their movements, through the SLMM so that we can arrange adequate security measures and deploy route patrols.

Commenting on the death of former LTTE Ampara - Batticaloa political wing leader Elliyathamby Lingarasa alias E. Kaushalyan Brig. Amaratunga said, "On February 7, when Kaushalyan was shot, I was returning to Batticaloa after being on leave. Kaushalyan was shot when he was returning from Omanthai to Batticaloa while travelling in his Toyota van. He was shot in a government controlled area, north east of Batticaloa. The nearest army checkpoint was 4km away from where the shooting took place."

On the issue whether Kaushalyan was given army protection he said, " No, he never asked for army protection even though he was entitled to it. Kaushalyan was travelling at his own risk."

Major S.B. Sudarmasena, Commanding officer of the 14th National Auxiliary Force - Punani Division

Q: Where is your camp located ?
A: At Welikanda

Q: What time did the shooting take place?
A: I was informed about it at about 19.50 hrs (7.50 p.m.).

Q: What is the nearest army camp?
A: Namalgama. It is about two kilometres away from the scene of the shooting

Q: What is the predominant community in this area?
A: Sinhalese

Q: Where are the road blocks set up ?
A: One of them is located at Welikanda and the other at Valachchenai.

Q: Who visited the scene of the incident first ?
A: The Army rushed to the scene immediately and the Welikanda police also went.

Q: Where was the vehicle in which Kaushalyan and others were travelling ?
A: It had skided and turned sideways.

Q: Where were the two uniformed unhurt policemen who were accompanying the former MP?
A: One of them appeared from the shrub jungle and told us they were returning from Wanni when their vehicle came under attack. He said the attackers had come in a vehicle.

Q: Were you able to trace the vehicle.
A: No

Q: Whom do you believe was responsible for the attack ?
A: I was informed, after it was established by the army intelligence that the Karuna faction was involved.

SSP Mahesh Samaradhivakara formerly of the Batticaloa division answering the commission said he was transferred to the Nuwara Eliya Division a day after the killing of Kaushalyan.

Mr. Samaradhivakara said on February 4, at Valachchenai two LTTE members were shot and the person identified as Sinnadurai Devanandan was killed. He said the two suspects Navasilan and Keeran have been evading arrest.

"In another incident an LTTE member, Shanmuganadan was shot but we have not arrested any suspects. Upto now the Eravur and Valachchenai police are investigating these killings, he said.

"Some people were arrested for having illegal arms in their possession and it has now been revealed that these people belong to the Karuna fraction.

" On March 23, Batticaloa police arrested a man for possessing a T-56. On April 15, 2004 near the Batticaloa prison one person was arrested for having a pistol and two hand grenades. On January 25, this year a person was arrested for having a pistol and on the very same day another man was arrested for posessing hand grenades. On March 2, this year two people were arrested for carrying 9mm guns," he said.

" We have arrested 8 people for having fire arms and 14 people for having bombs. During our investigation we learnt that there are eye witnesses but they don't come forward," he said.

ASP Nalaka Silva,of the Batticaloa Police Division said the LTTE has violated the ceasefire agreement. “The LTTE has brought weapons several times to the government controlled areas and we have been able to apprehend some of them. In most of the killings we have not been able to arrest the suspects.”

ASP Harischandra Bandara, former HQI of the Batticaloa police station said that during his time as HQI he did not receive any official complaints about any LTTE cadres getting shot though killings did take place.

Chief Inspector K. Dharmawardhena, Officer In Charge of Valachchenai Police station said two LTTE cadres were shot in his area early this year. "Sinnadurai Devanandan and Krishna Wardan were shot by gunmen. Sinnadurai died while Krishna Wardan sustained injuries. They had been shot with a T-56. Shinnadurai a former Wanni tiger became a Karuna loyalist after the breakaway," Dharmawardhena said.

Dharmawardana, the OIC for Valachchenai when giving evidence before the Commission said there had been several LTTE related shootouts in his area. He referred to the shooting of a Wanni LTTE cadre, 'Baby' on 15.01.2005.

Lt. Colonel D. Weeraman Brigade Commander for Valachchenai giving evidence after Brigadier Amaratunge told the Commission that there had been several shooting incidents but no one was willing to come forward to give evidence. " Two low ranking officers of the LTTE travelling on a motorbike were shot at in Kiran. No suspects were arrested," he said.

Brgadier. H.M.A. Herath for Punani said "Kaushalyan was killed in Pillairadi and this area comes under the Welikanda police. This area is under my command. On February 7 when Kaushalyan was killed I was returning to the station after going on leave. I visited the crime scene immediately."

"I can't tell you who is responsible for the killing. Only the police can do that."
He said no Karuna forces were operating in the area and there were no Karuna camps either.

"Thiruchchenai is about six kms away from where Kaushalyan was killed. Pillaiaradi is the closest checkpoint from where he was assassinated," Wijeyaratne told the Commission.

Wijerathna denied that the army was assisting the Karuna faction. "We work according to the MoU. When these killings take place there is no one to come forward to give evidence," Herath explained to the Commission.

Herath said that the only paramilitary groups in the government held area were the Home Guards and the Sri Lanka Auxiliary Force. The second session of the sittings came to a conclusion with the announcement that Captain Bandara will give his evidence in camera. He is attached to the Welikanda army intelligence unit and had been flown in from Jaffna to testify before the commission.

Karuna faction operating in govt. controlled areas-SLMM
Batticaloa district's SLMM head, Steen Joergensen told the Presidential commission that he could confirm the presence of Karuna forces in the government held territories.

Q. How many LTTE paramilitary groups are there in the area ?
A. To my knowledge the only paramilitary group is The Karuna faction which is a breakaway group of the LTTE.

Q. Where does it operate?
A. It operates near the Welikanda area

Q. Does this area come under the government controlled area?
A. Yes. It comes under the government controlled area.

Q. Was this group formed after the signing of the CFA?
A. It was formed after the signing of the CFA, when 'Col'. Karuna was expelled by the LTTE on 6.03.2004

Q. Does this group get any help from the Sri Lanka army?
A. I do not know.

Q. Is it a violation of the CFA to have Karuna forces in government- controlled areas?
A. Yes, it is a violation. According to the CFA, Tamil paramilitary groups should be disarmed.

Q. Is it the responsibility of the government to disarm them?
A. Yes. It is the government's responsibility to disarm all auxiliary forces according to the CFA.

Q. Has there been a request by the LTTE to disarm them?
A. Yes and I have informed the SLMM head in Colombo, Mr. Hauckland

Q. Has he responded to your request?
A. I am not aware of what steps were taken by them.

Q. Can you roughly say when you informed the SLMM?
A. I informed the Colombo Head Quarters on 21.03.2005

Q. Do you accept that there have been continuing attacks against the LTTE?
A. Yes

Q. Can you tell me how future attacks against the LTTE could be prevented?
A. In my opinion the LTTE and Sri Lanka army must have a close dialogue to prevent these attacks.

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