Sunday, 11 May 2008

"insufficient evidence to provide a realistic prospect of conviction for any criminal offences in the UK" – Crown Prosecution Services, UK

THE RELEASE OF KARUNA AMMAN

Vinayagamoorthy Muralitharan alias Karuna Amman is alleged to have returned to Sri Lanka to continue as the leader of the TMVP. The victory of the GoSL – TMVP alliance in the Eastern Elections of May 10, 2008 seems to have created a suitable environment for the return of this renegade leader. But what does this mean to the people of the Eastern province and to the rest of Sri Lanka? Would this be another episode in the shadow war that has been waging throughout the country or is it an opportunity towards the creation of a more democratic atmosphere? Was there really a Karuna-Pillayan split within the TMVP or was it really part of a larger plan in an attempt towards ‘democratising violence’?

As highlighted by the Human Rights Watch (Reuters, May 9, 2008), ‘Tamil Tiger forces under Karuna's command were directly involved in some of the worst crimes of Sri Lanka's ongoing civil war, including torture, summary execution, and use of children as soldiers. Because his armed group fought against the LTTE in recent years, the Sri Lankan government did not prosecute him’. This statement despite of its accuracy in fact, in reality only provides a cursory and one-sided explanation to the real reason as to why the GoSL did not attempt to prosecute Karuna, by providing the necessary support to the United Kingdom. Furthermore, this incident cannot better clarify the fact that the GoSL has more blood on its hands than it is given credit for. As with the case of the Afghan warlord, Faryadi Sarwar Zardad, there was no support from the GoSL in bringing Karuna Amman to justice under British law which has the jurisdiction to prosecute for serious violations of international law especially war crimes committed elsewhere. But how was this potential prosecution thwarted? Was it really the lack of ‘insufficient evidence’ or was it due to the diplomatic manoeuvres of the Rajapakse Government? What does Mahinda’s impending visit to the UK reveal? How can one believe that there was insufficient evidence when thousands have been subject to human rights violations under the leadership of Karuna, pre and post LTTE? And what about those who have fled the country, wouldn’t these people have come forward, given the fact that there are no witness protection programmes whatsoever to protect victims and their families in Sri Lanka?

The scepticism that permeates these recent developments can only be diminished if the abductions, extortions, recruitment and extra-judicial killings stop. Have we just given the GoSL and the TMVP the mandate to carry out these atrocities in a ‘democratic’ manner? What will the ramifications be if this becomes the reality, in finding a political solution to this conflict?

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