PoW swap - 11 for the return of 7

The satellite telephones at the Po litical Office of the Liberation Tigers of Tamil Eelam in Kilinochchi rang more intermittently in the past few days.

The seven security forces personnel-Ready to walk out to freedom

Increasing the pace was not only the three days of peace talks between the Government and the LTTE in the high security Naval base at Sattahip, Thailand. There was also the climaxing dialogue over the exchange of prisoners of war.

In recent times, one of the regular callers turned out to be Austin Fernando, Secretary, Ministry of Defence. He was speaking frequently to the Deputy Leader of the LTTE Political Wing, Puli Thevan. During a telephone call late this week, he appealed to him to obtain an early date from his leaders for the exchange of prisoners. His plea was for a date before September 29 when he hoped to be away from Sri Lanka.

Mr. Fernando, accompanied by the Army's Chief of Staff, Major General Lohan Gunawardena, are to leave for the United Kingdom on September 29 on an official tour. The main purpose centered on matters relating to defence reforms, particularly re-organisation and strengthening of the armed forces. Already a three member Committee headed by Mr. Fernando and comprising Treasury Secretary Charitha Ratwatte and one time Army Commander (who retired on October 13, 1981 after a four year stint), Lt. Gen. Denis Perera, have recommended sweeping changes in their preliminary report.

No PoWs, except the seven, says LTTE deputy
The Liberation Tigers of Tamil Eelam (LTTE) does not hold in detention any member of the security forces or the Police except seven.

Puli Thevan, Deputy Leader of the LTTE Political Wing

They are Commander Ajith Kumara Boyagoda and soldiers Gunawardena, Jayakumar, Jayalath, Gamini, Dissanayake and de Silva.

"We have made this position very clear both to the Government of Sri Lanka and the International Committee of the Red Cross (ICRC)," Puli Thevan, Deputy Leader of the Political Wing of the LTTE told The Sunday Times on Friday.

In a brief telephone interview from the LTTE's Political Headquarters in Kilinochchi, he discounted claims by individuals and groups, including a non-governmental organisation dealing with soldiers missing in action that the LTTE held hundreds of troops in custody. One estimate by an NGO pitched the number at 400.

"This is not true. We do not have anyone else in our custody. There is no more…. not one… except the seven whose identities are now publicly known," he said.

Puli Thevan answered questions put to him by The Sunday Times.

Have you concluded talks with the Government for the exchange of prisoners ?

Answer: Yes, we have successfully concluded talks. I do not want to say anything more now. That can embarrass your Government. An official announcement will be made soon.

But I must say the talks for the prisoner exchange proceeded cordially and on the basis of mutual confidence and trust. Some reports in the Colombo media said the dialogue had broken down. That is wrong. There was no such thing. The interaction continued until we reached understanding. Of course, we had to overcome difficulties during the negotiating process. That is common in any negotiation.

How did the dialogue for the exchange of prisoners begin?

Answer: You, and your newspaper, The Sunday Times, have contributed a lot to it.

How do you view the successful conclusion of the prisoner exchange?

Answer: This exchange, after a successful dialogue, is a positive step by the LTTE and the Government. It is a significant confidence building measure.

When the exchange of seven security forces personnel with a group of our own cadres in Government custody is over, there will be no more persons detained with us.

The dialogue for the exchange of prisoners began on June 12 when the Commander of the Army Lt. Gen. Lionel Balagalle, with the permission of Prime Minister Ranil Wickremesinghe, wrote to LTTE leader, Velupillai Prabhakaran. This was after The Sunday Times was granted exclusive access by the LTTE to meet Commander Ajith Kumara Boyagoda and six soldiers held in detention for over seven years. Their account appeared in the Situation Report of The Sunday Times of June 2, 2002.

The Sunday Times learnt that LTTE leader Velupillai Prabhakaran sought the views of his ideologue and Chief Negotiator Dr. Anton Balasingham, in London. The latter gave the go ahead and that was how the dialogue began. Acting as intermediary first was then head of the International Committee of the Red Cross (ICRC), Isabelle Barras. After her departure from Sri Lanka at the conclusion of her tour of duty, her successor Markus Brudermann took over the role. Strong backing for the dialogue had also come from Norway, playing the role of facilitator in the ongoing Government-LTTE peace process.

Even when peace talks were under way in Sattahip, Thailand, both the Government and the LTTE, as exclusively reported in last week's The Sunday Times had concluded matters relating to the prisoner swap. Only procedural formalities remained to be sorted out. Final confirmation that both sides had agreed to numbers to be exchanged came only last Thursday morning. On this day, the ICRC delegation conveyed to each other their respective messages in this regard.

Although there was widespread speculation that the prisoner exchange would take place on Wednesday, there were no plans worked out for this date at all. The LTTE made it clear its senior cadres are busy until September 27 with "Thileepan Week." One of their senior members, Thileepan staged a fast unto death from a specially constructed dais near the Nallur Kandasamy Kovil in Jaffna on September 26, 1988. He was then demanding a withdrawal of the Indian Peace Keeping Force (IPKF) from Sri Lanka.

In a bid to be on hand as the leader of the Sri Lanka Government side to take charge of the seven prisoners of war, Defence Secretary Fernando, has even suggested that it takes place in the early morning hours of September 28, just a day ahead of his departure to the United Kingdom. The LTTE is yet to respond to this proposal.

Even if they do agree, the question of protocol in the prisoner swap ceremonies comes to the fore. The Sunday Times learns that LTTE Political Wing leader, Thamil Selvan, will not take part in any ceremony. One high-ranking source said the LTTE wants the event to be a low key one with no senior cadres taking part in the fanfare. However, that will not disqualify Mr. Fernando from functioning as master of ceremonies from the Government side.

Original plans were to have a brief exchange ceremony at Omanthai, north of Vavuniya, where the last security forces checkpoint is located, ahead of the LTTE's own checkpoint. Thereafter, the seven Sri Lankan security forces personnel were to be flown to Colombo for a luncheon meeting with Prime Minister Ranil Wickremesinghe. Since the Premier is due today, an engagement with him is still on the cards.

If the LTTE does not agree to Mr. Fernando's plea for the prisoner swap in the early morning hours of September 28, the matter would still have to be completed before October 10 - the date on which Tiger guerrillas are planning to commemorate a major event, Tamil Women's Day. The date falls on the sixth death anniversary of Malathi, the first female cadre to die during offensive operations by Indian troops. Then Indian Army Chief, Gen. K. Sunderji ordered the launch of "Operation Pawan" in the Jaffna peninsula on October 6, 1987 - less than six months after the IPKF arrived in Sri Lanka to enforce the Indo-Sri Lanka Pact.

In the aftermath of the first round of peace talks in Thailand, the LTTE is making plans to conduct the Tamil Women's Day on a grand scale. Even their chief negotiator, Dr. Anton Balasingham and his Australian-born wife Adele, who are due in the Wanni for a meeting with Mr. Prabhakaran, are expected to take part in ceremonies connected with this event.

When the dialogue for the prisoner swap began in June, this year, the LTTE agreed to release the seven security forces prisoners in their custody. In return, they demanded the release of 24 of their cadres. In the near four months of dialogue the numbers have changed from time to time for different reasons.

When the prisoner release takes place at a mutually agreed date, the Government will now hand over to the LTTE only 11 of their cadres in return for the seven security forces personnel. This will include Jesumy Fernando alias Kennedy, the leader of a group of nine guerrilla suicide cadres who infiltrated and attacked Air Force helicopters at the Palaly defence complex on August 2, 1994. Seven guerrillas were killed in the fighting. Another died later. Attorney General K.C. Kamalasabeyson, has agreed to withdraw indictments against him. The Commander of the Sri Lanka Air Force, Air Vice Marshal Donald Perera has said he has no objections to Kennedy's release. All eleven LTTE members have told the ICRC they would like to return to their organisation.

The Attorney General's Department has already begun withdrawing indictments made against the 11 to be released to the LTTE and the two who will be handed over to the next of kin.

On the same day of the prisoner exchange, possibly in Omanthai, Government authorities will hand over to the next of kin, two former Tiger guerrillas who have remained in custody pending indictment in courts. This will take place in Colombo. This is because they have told the ICRC they do not wish to go back to the LTTE. The ICRC has also reported that five other cadres demanded by the LTTE have already been released.

The Government has said that one of the guerrillas whose release is demanded is facing serious charges connected with the Town Hall bomb attack. This attack came during the Presidential election campaign and President Chandrika Bandaranaike miraculously escaped death but suffered irreparable injury to an eye. A female suicide bomber tried to attack her on December 18, 1999. Similarly, two others LTTE members are also to be indicted for other serious offences.

The LTTE has said that three others whose release they had demanded were now found to be not their members. However, this has raised other doubts. It is pointed out that the three were in the age groups of 15 to 16 years. Their acceptance by the LTTE, it is argued, would have amounted to their acknowledging the enlistment of child cadres. That was how, during a near four months of negotiations, the demand for the release of 24 cadres went through a metamorphosis to end up with freedom for only 11 cadres with the LTTE.

With the intended release of the seven security forces personnel, there are no more prisoners in custody or in LTTE held areas. Making a categorical assertion on behalf of the LTTE was Puli Thevan, Deputy Leader of the LTTE Political Wing. (See box story on this page) He dismissed claims by individuals and groups representing interests of troops missing in action that more prisoners than seven were in custody. He insisted there were no others now.

The senior-most officer in LTTE custody is Commander Ajith Kumara Boyagoda. He fell captive to the LTTE on September 20, 1994. He was commanding officer of SLNS "Sagarawardena", the largest battleship that the Sri Lanka Navy had at that time.

This vessel, 40 metres long and weighing 330 tons had left Colombo on September 16, 1994, on its regular surveillance mission. It came under Tiger guerrilla attack around 11.50 p.m. on September 19, 1994 on the high seas off west of Udayadi in Mannar. Two guerrilla boats laden with explosives and escorted by a flotilla of other boats rammed the battleship. Commander Boyagoda fell into guerrilla hands. For seven years he had remained in guerrilla custody.

It came to light that Commander Boyagoda had been in the habit of positioning "Sagarawardena" on a specific location regularly. It had been easy from that location to intercept Tiger guerrilla radio communications utilising sophisticated equipment available on board the Navy battleship. That was how the vessel had become a target.
The other six Army soldiers- S.H. Gunawardena, U.S.R. Jayakumar, P.B. Navindra Jayalath, T.P. Gamini, T.M. Nimal Dissanayake and M.D.S. Priyankara de Silva - were captured when the guerrillas launched "Operation Thavalai" (or frog). The name was because of the amphibious nature of the operation. The offensive came at pre-dawn on November 11, 1993, when some 600 Tiger guerrillas, both men and women, over-ran the Naval Base at Nagathevanthurai and the adjoining Army base at Pooneryn. More than 400 soldiers were killed in this incident.

The LTTE assertion that it holds no more prisoners will no doubt make individuals and groups representing the interests of troops missing in action feel painful and disappointed. The have waited for years in the hope there would be some good news about their loved ones. How the Government will now respond to them remains to be seen.


A peace time war rages in Navy
The call for peace - the result of three days of talks between the Government and the LTTE - has begun to reverberate in the far corners of Sri Lanka.

Never before has hopes been so high. The much publicised closed door talks at the high security Naval base in Sattahip in Thailand has even prompted many a military top brass to publicly express confidence in the Government's peace moves.

But, at the high security Navy Headquarters in Colombo, a raging internecine war appears to have over-shadowed all issues. Sadly, no one in authority seem concerned.

Now, the Commander of the Navy Vice Admiral Daya Sandagiri, has appointed a Board of Inquiry to ascertain who photographed his private residence near Veyangoda and thus posed a threat to his life. It is headed by Rear Admiral N.G. Atulugama and comprises Captain Jayantha Perera and Commander M.U.K.V. Bandara. With this appointment, a one-man team appointed earlier - Commander P.H. de Silva, (C/O establishments and SLNS Parakrama) - has ceased to function.

The appointment of the Board of Inquiry by Vice Admiral Sandagiri comes after he wrote to President Kumaratunga and Defence Minister Tilak Marapana, complaining that there was a threat to his life after he received a three-year extended term of service. The threat, he claimed, was the result of two persons on a Navy motor cycle taking video pictures of his private house at Kumbaloluwa in the Nittambuwa Police area.

Investigations by the Police had revealed that the number plate used on the motor cycle in question belongs to the security detail of the Navy Chief of Staff , Rear Admiral Mohan Wijewickrema, who is now fighting a bitter court battle with the Navy Commander. He had flatly denied that his security staff or a motor-cycle assigned for his security figured in the incident.

But the Navy's Board of Inquiry still wants to probe the matter. And as far as the Navy higher command is concerned, suspicions on Rear Admiral Wijewickrema, for allegedly using his security detail to photograph his Commander's private residence still seems to remain. Comical enough, how this could be construed as a plot to threaten the life of Vice Admiral Sandagiri has not been made clear.

More so after a bombshell from the Police. The Sunday Times learns that Lucky Peiris, Senior Superintendent of Police, Gampaha Division, has told C.R. de Silva, Solicitor General, that investigations do not reveal any criminal offence being committed.

That is not all. Mr. Peiris told the Solicitor General that Vice Admiral Sandagiri had requested the Police to move for an identification parade. He had refused the request since there is no criminal offence committed. SSP Peiris has now forwarded the file containing details of the investigation to the Solicitor General and sought his advice.

The Sunday Times learnt that at least one senior Navy official closely associated with the Navy Commander called upon the Police to move in against officers perceived to be against Vice Admiral Sandagiri. But his requests were rejected by the Police.

Ironic enough, history seems to be repeating itself in the Navy. Vice Admiral Sandagiri was Chief of Staff when he was accused by the previous Commander Admiral Cecil Tissera, of mounting surveillance around a house he was constructing at Welisara. The matter received wide publicity then.

Sadly, top officials at the Ministry of Defence seem totally unconcerned. Some battles with the Navy Commander are now being fought in courts not only by his number two, Rear Admiral Wijewickrema, but also by five other senior officers in the Navy's high command. Many matters that were secret have become public and more will follow. As one familiar senior bureaucrat pointed out, if there were any valid allegations, the Ministry of Defence should have intervened and probed the matter. "Whilst they remained unconcerned, a coveted security arm of a nation is being slowly destroyed by the infighting," he pointed out.


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