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United states district court .!

UNITED STATES DISTRICT COURT
DISTRICT OF COLUMBIA

TAMILS AGAINST GENOCIDE, INC.
5513 Twin Knolls Road, Suite #514
Columbia
Maryland 21054
Plaintiff

TIMOTHY GEITHNER, in his official
capacity as Secretary of Treasury and
Member of Board of Governors of the
International Monetary Fund, and
MEG LUNDSAGER, United States
Executive Director of the International
Monetary Fund, in her official capacity.
Defendants.

COMPLAINT
Plaintiff Tamils Against Genocide, Inc., brings this Complaint against Timothy Geithner, in his official capacity as Secretary of Treasury and United States representative on the Board of Governors of the International Monetary Fund (IMF), and Meg Lundsager, United States Executive Director of the IMF in her
2 official capacity, seeking a declaratory judgment of the rights and duties of the parties under 22 U.S.C. 262d regarding the pending application of the Government of Sri Lanka for a $1.9 billion loan from the IMF to be decided by its Executive
Commitee. Plaintiff states the following:

JURISDICTION AND VENUE

1. This Court enjoys subject matter jurisdiction over this action under 28
U.S.C. 1331 because Plaintiff’s claim arises under federal law, 22 U.S.C.
262d.
2. This Court enjoys personal jurisdiction over the Defendants because Defendant Geithner in his official capacity as Secretary of Treasury Defendant and United States representative on the Board of Governors of the International Monetary Fund resides in the United States Department of Treasury at 1500 Pennsylvania Avenue, N.W., Washington, D.C. 20220, and, Defendant Lundsager, in her official capacity as United States Executive Director of the IMF, resides at the IMF at 700 Pennsylvania Avenue, N.W., Washington, D.C. 20431.

3. Venue is proper in this Court under 28 U.S.C. 1391(b)(1) because the Defendants reside in the District of Columbia. 3

PARTIES

4. Plaintiff, Tamils Against Genocide, Inc. (TAG), is a non-profit membership corporation organized under the laws of Maryland. It is located at 5513 Twin Knolls Road, Suite #514, Columbia, Maryland. Its current membership approximates 500. Membership is acquired by donating to TAG. Its website is www.tamilsagainstgenocide.org. A chief objective of Plaintiff is to obtain prosecutions for genocide, war crimes, and torture under United States law against United States citizen and current Defense Secretary of Sri Lanka, Gotabaya Rajapaksa, and United States permanent resident and current Sri Lankan Army Commander Sarath Fonseka. A major goal of the prosecutions would be to deter or diminish the ongoing pattern of gross violations of internationally recognized human rights overwhelmingly targeting Tamils in Sri Lanka by the Sinhalese Buddhist Government of Sri Lanka (GOSL). Virtually all TAG members are Tamils, and many immigrated to the United
States from Sri Lanka because of ethnic or religious persecution. TAG also has members from Canada and UK, where most immigrated because of ethnic or religious persecution.

5. Several TAG members have relatives in Sri Lanka whose lives and limbs are currently threatened by the GOSL’s pattern of gross violations of internationally recognized human rights, such as torture or cruel, inhumane, or degrading treatment, prolonged detention without charges, or other flagrant denials of life, liberty, or the security of person. Six TAG members 4 have filed affidavits with this Complaint testifying to the imminent physical
danger from the GOSL confronted by their relatives in Sri Lanka because of its pattern of gross violations of internationally recognized human rights amplified above. See Exhibits 1-6. These TAG members are the best representatives of their relatives in Sri Lanka to secure their protection from a pattern of gross violations of internationally recognized human rights by the GOSL because their relatives are unable to file suit for themselves in
light of the ongoing horrors in Sri Lanka.

6. Defendant, Timothy Geithner in his official capacity as Secretary of Treasury, sits as a representative of the United States on the Board of Governors of the IMF. There are 185 members of the Board of Governors, which meets once annually. The voting is weighted, and Defendant’s vote on the Board of Governors counts as 16.77% of the total. On information and belief, no loan has ever been approved by the IMF over the opposition of the United States. On information and belief, Defendant Geithner exercises strong influence onthe voting decisions of Defendant Lundsager.

7. Defendant Meg Lundsager was appointed Executive Director of the IMF by the President of the United States. She serves on the IMF’s Executive Board, responsible for the day-to-day business of the IMF. It is composed of 24 Executive Directors, who are appointed or elected by member countries or groups of countries, and the Managing Director, who serves as its Chairman. The Executive Board customarily meets several times each week, and carries 5 on its work largely on the basis of papers prepared by IMF management and staff. Defendant Lundsager’s voting weight, like Defendant Geithner’s, is 16.77%.

STATEMENT OF FACTS

 

8. On or about February-March 2009, the GOSL submitted an application tothe IMF for a loan of $1.9 billion. On information and belief, an IMF decisionon the loan application will be made by the Executive Committee. Thedecision could be made as early asmidApril 2009, or earlier. But no fixeddate has been made public.

9. The IMF is a 185 member international organization whichoperates according to Articles of Agreement ratified as a treaty in the United States. The Articles were adopted at the United Nations Monetary and Financial Conference, Bretton Woods, New Hampshire, July 22, 1944. They entered into force December 27, 1945. They were amended effective July 28, 1969, by the modifications approved by the Board of Governors in ResolutionNo. 23-5,adopted May 31, 1968; and again were amended effective April 1, 1978, bythe modifications approved by the Board of Governors in Resolution No. 31-4,adopted April 30, 1976; and were lastly amended effective November 11,
1992, by the modifications approved by the Board of Governors in ResolutionNo. 45-3, adopted June 28, 1990. Among other things, the IMF makes loansto countries confronting balance of payments difficulties, which is the basisfor Sri Lanka’s requested loan. IMF loan decisions are customarily decided
by the Executive Committee.

10.The requested $1.9 billion loan by the GOSL from the IMF to address a balance of payments crisis would amount to approximately 25% of the annual revenues of the GOSL for 2009, and 28.9% percent of Sri Lanka’s budget for 2009. It would amount to more than 100% of Sri Lanka’s current annual defense budget of $1.6 billion.

11.At present, Sri Lanka’s economy weak. The unemployment rate is 5.2%. The projected budget deficit is Rs. 293,446,000,000, or $2,575,832,281. Its gross official reserves have dwindled to $1.4 billion, which covers only five weeks of imports. The value of the rupee is plunging. The GOSL is vulnerable to
economic pressure.

SRI LANKA’S PATTERN OF GROSS VIOLATIONS OF
INTERNATIONALLY RECOGNIZED HUMAN RIGHTS

12.The GOSL is guilty of a pattern of gross violations of internationally recognized human rights, such as war crimes, rape, torture or cruel, inhumane, or degrading treatment or punishment, prolonged detention without charges, or other flagrant denial to life, liberty, and the security of  person. The GOSL implacably opposes permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations including, but not limited to, the
7 International Committee of the Red Cross, Amnesty International, the International Commission of Jurists, and groups or persons under the authority of the United Nations or the Organization of American States. Indeed, there has not been a single complete investigation or prosecution against the violators of internationally recognized human rights targeting Sri Lankan Tamils since the current administration in Sri Lanka climbed to
power in November 2005. The Sinhalese Buddhist GOSL also engages in and
tolerates particularly severe violations of religious freedom of Hindus and Christians, and has failed to make any efforts to combat such religious persecution which could have been reasonably undertaken. Perhaps most shocking, the GOSL’s primary military strategy to defeat the LTTE in a noninternational
armed conflict is to perpetrate endless war crimes against the
Tamil civilian population in violation of the Hague and Geneva Conventions, as amplified below. The GOSL’s complete independent media and monitoring  blackout of events in the northeast is circumstantial evidence that the GOSL
is attempting to conceal its war crimes and sister violations of internationally recognized human rights. The GOSL would have no incentive to preventingthe outside world from witnessing war crimes of the LTTE.

13.Extrajudicial killings or Disappearances.
13.1 On or about January 2, 2006 around 7:45 p.m. Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
murdered by gunfire execution-style 5 Tamil civilian male youth in the
areas of Dock Yard Road close to Dutch Bay Sea beach in Trincomalee
town of Trincomalee district.
13.2 On or about June 9, 2006, Sri Lankan military personnel or
government-sponsored paramilitaries murdered with sharp objects a
Tamil family of 4, including lynching the 7-year old and 9-year old
children, in the areas of Thomaspuri Ward No. 10 in the areas of
Vankalai in Mannar district.
13.3 On or about August 5, 2006 around 7:50 p.m., Sri Lankan military
personnel or government-sponsored paramilitaries murdered by
gunfire execution-style 17 aid workers of the NGO Action Contre La
Faim (ACF) in the areas of Muthur in Trincomalee district.
13.4 On or about August 10, 2006 around 7:30 a.m., the Sri Lankan Air
force aerially bombarded the Senchcholai complex in Vallipunam of
Mullaithivu district, murdering over 57 Tamil girls.
13.5 On or about May 13, 2007, Sri Lankan military personnel or
government-sponsored paramilitaries murdered a Tamil family of 4,including a 4-year old Tamil child and a 4-month old Tamil child, in the areas of Allaipitti in Mandaithivu islet in the Jaffna peninsula.
13.6 On or about September 7, 2008, Sri Lankan military personnel or government-sponsored paramilitaries abducted, bound at the handsand legs, tortured, and then decapitated Rasiah Laxahan in the areas of Mandan Karaveddi in Jaffna district.

13.7 On or about October 3, 2008, Sri Lankan military personnel or
government-sponsored paramilitaries abucted, tortured, and strangled
to death Kandia Christie Rajah in the areas along Fifth Lane at
Vaiaravappuliyankjulam in Vavuniya Police Division in Vavuniya
district.

13.8 On or about December 13, 2008 around 9:30 a.m., Sri Lankan military personnel launched an artillery shell attack which decapitated and 9 murdered 5-month Tamil infant Jeyarooban Ajanthan, in the areas near or inside a Tamil IDP settlement near Thakarap-Pillaiyar temple on Hudson Road in Vaddakkachchi of Kilinochchi district.

13.9 On or about January 17, 2009, Sri Lankan military personnel
murdered by gunfire 3 Hindu-Christian North East Sri Lankan Tamil
civilians on Piramanthanaa-Visuvamadu road in Kilinochchi district.

13.10 On February 5, 2009, Sri Lankan military personnel or government
sponsored paramilitaries abducted a Tamil civilian employee of the Vavuniya general hospital around 8.30 p.m. The hospital is heavily guarded by Sri Lankan police and Sri Lankan military personnel.

13.11 On February 5, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries murdered by gunfire at least 16Hindu-Christian North-East Sri Lankan Tamils inside the GOSL’sdesignated “safe zone” in Mullaithivu.

13.12 On or about February 7, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries strangled to death the 94-yearold Hindu North-East Sri Lankan Tamil wife of a Tamil Saiva priest in her home in Irupaalai, Koappaay.

13.13 On February 12, 2009 around 11:30 a.m. near Aadiyapaatham Road near Thirunelveali junction in Jaffna district, Sri Lankan military personnel murdered by gunfire 2 Hindu-Christian North-East Sri Lankan Tamil youth.

13.14 “Total minimum number of documented civilian casualties since 20 January 2009, as of 7 March 2009 in the conflict area of Mullaitivu District: 9,924 people including 2,683 deaths and 7,241 injuries. The number of people killed each day has doubled in one month.” United Nations Office of the Resident Coordinator and Humanitarian Coordinator, “Civilian Casualties in the Vanni,” United Nations, March 2009.

13.15 “Only partial figures were accumulated due to the difficulty of
obtaining a constant breakdown. Nevertheless, there are at least 135   [child] deaths, and 707 [child] injuries since 20 January. However, like the basic casualty figure itself, this is thought to be a gross under 10 estimate. Based on a population assumption the figure is likely to be closer to 400 deaths, and 1,100 injured.” Id.

13.16 “As the combat area reduces the daily average shows an increase in the number of people killed (from 33 to 63) and a slight decrease in the number of injured (from 184 to 145). This is due to increased density, the use of heavy weapons which continue to strike the NFZ, and inadequate medical treatment.” Id.

13.17 “Other areas where civilians are sheltering have been hit, and OHCHR noted reports that over 2,800 people may have been killed and 7,000 others injured – many in the no-fire zones – since 20 January. Many children are believed to be among the casualties, with hundreds having lost their lives and over 1,000 hurt.” UN News Centre, “Sri Lanka: actions by Government forces, rebels possible war crimes – UN rights chief,” March 13, 2009, available at
http://www.un.org/apps/news/story.asp NewsID=30175&Cr=sri+lanka &Cr1= (last visited March 28, 2009).

13.18 “Even after the Government’s announcement on 24 February that heavy weapons would no longer be fired into the no-fire zones, close to 500 people were reportedly killed and more than a thousand injured in these zones. Of these deaths, the great majority have been attributed to the use of heavy weapons. Overall, since 20 January, more than two thirds of the reported deaths and injuries have occurred in the no-fire
zones.” Office of the High Commissioner for Human Rights, “Press
Release: Serious violations of international law committed in Sri
Lanka conflict: UN human rights chief,” March 13, 2009, available at
http://www.unhchr.ch/huricane/huricane.nsf/0/FFDE961C9D0236C5C1 257578004B8E4B?opendocument (last visited March 28, 2009).
13.19 “US Secretary of State Hillary Clinton told Sri Lanka’s President,
Mahinda Rajapaksa, by telephone that Washington was deeply
concerned about deteriorating conditions and increasing loss of life in government-designated safe areas.” BBC News, “UN fears Sri Lanka ‘war crimes’”, March 13, 2009, available at http://news.bbc.co.uk/2/hi/south_asia/7942051.stm (last visited March 28, 2009).

13.20 “During the next days, several thousand people gathered in a large playground located just north of the A35 in the safe zone. The 11 playground also functioned as a food distribution center for the local government agent (GA) and international organizations. Several people located in or around the GA food distribution center told Human Rights Watch that, despite the army declaration of a safe zone in the area, the area was subjected to heavy shelling from SLA positions in the period January 22-29, which killed and injured hundreds of people.” Dr. Anna Neistat, Testimony before the Senate Foreign Relations Subcommittee on the Middle East and South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf (last
visited March 28, 2009), 4.

13.21 “…dozens of individuals, perhaps many more, have been detained during the screening process. The fate of such detainees remains unknown, raising fears of possible enforced disappearances and extrajudicial killings.” Id, 10.

13.22 “Tamils have a real, and legitimate, fear that those taken off by Government forces will be abused and may never be seen again.”Ambassador Jeffrey Lunstead, Testimony before the Senate Foreign Relations Subcommittee on the Middle East and South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf(last visited March 28, 2009).

13.23 “The second long-term issue is wider than the ethnic conflict. It is the growing assault on dissent, which takes place in a culture of complete impunity…The recent murder of prominent newspaper editor Lasantha Wickematunga was but the latest in a series of incidents. Tamils and Sinhalese suffer alike from these attacks on basic freedoms. Many Tamils have been abducted and have simply disappeared, as documented in the State Department’s Human Rights Report. It is sad to say, but it is almost a certainty that these attacks have been carried out by elements of the Government. Impunity seems total. No one has been prosecuted for any of these incidents, and no member of the security forces has been prosecuted for any abuses.” Id.

13.24 “It is for all of these reasons that we are now so upset by developments in Sri Lanka, the most recent of which was the murder of Sunday Leader editor Lasantha Wickrematunga. We fear that, even as Sri  12 Lanka is enjoying military progress against the LTTE, the foundations of democracy in the country are under assault. The killing of Mr. Wickrematunga has prompted this letter, but there have been many previous incidents in which the rights of individuals and the media have been violated.” Ambassador Marion Creekmore, Ambassador Teresita Schaffer, Ambassador A. Peter Burleigh, Ambassador Shaun Donnelly, Ambassador Ashley Wills, Ambassador Jeffrey Lunstead,             Letter to President Mahinda Rajapaksa, January 19, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf (last visited March 28, 2009)

13.25 “Some have suggested that these events have been carried out not by
elements of the Government, but by other forces hoping to embarrass
the Government. We do not find such arguments credible.” Id.

13.26 “I went to Colombo because Sri Lankan journalists are under intensive
assault. The government has failed to carry out effective and credible
investigations into the killing and attacks on journalists who question
its conduct of a war against Tamil separatists, or criticize the military
establishment. Three attacks in January targeting the mainstream
media drew the world’s attention to the problem, but top journalists
have been killed, attacked, threatened, and harassed since the
government began to pursue an all-out military victory over the
Liberation Tigers of Tamil Eelam (LTTE) in late 2006. Many local and
foreign journalists and members of the diplomatic community believe
the government is complicit in the attacks.” Robert Dietz, Testimony
before the Senate Foreign Relations Subcommittee on the Middle East
and South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/dietztestimony090224p1.pdf (last
visited March 28, 2009), 1.

13.27 “On January 8, Lasantha Wickramatunga, the editor-in-chief of the
independent newspaper The Sunday Leader was killed while driving to
work. He was attacked by eight men riding four motorcycles. The
attack came about 200 yards from a large Sri Lanka Air Force base,
and after the attack the hooded men rode off in that direction.
Although the report from the judicial medical officer—Sri Lanka’s
equivalent of a coroner—was to be released on February 6, it has not
been made public. The next hearing in Wikramatunga’s case is on
March 19.” Id, 2.13

13.28 “The lack of reliable investigation into these crimes is in keeping with
a long history of impunity for those who attack journalists in Sri
Lanka. CPJ counts 10 journalists killed by premeditated murder since
1999, with no prosecutions or convictions. The Rajapaksa government
and its predecessors must at least be held responsible for the impunity
that surrounds attacks on journalists.” Id, 2.

13.29 “According to CPJ’s records, during [Rajapaksa’s] time in high office in
Sri Lanka, eight journalists have died of what CPJ considers to be
premeditated murder. No one has been brought to trial in any of these
cases…The people we are talking about were intentionally killed.” Id,2.

13.30 “The Government of Sri Lanka is carrying out military operations in
areas with a civilian population. The aerial and artillery bombardment
has reportedly led to civilian deaths, injuries, the destruction of
property and mass displacement.” Amnesty International, “Sri Lanka:
Government and Tamil Tigers Violating Laws of War,” January 28,
2009, available at http://www.amnesty.org/en/for-media/pressreleases/
sri-lanka-government-and-tamil-tigers-violating-laws-war-
20090128 (last visited March 28, 2009).

13.31 “The government had declared “safe zones” to allow civilians to seek
shelter, but information made available to Amnesty International
indicates that several civilians in the so-called safe zone have been
killed or sustained injuries as a result of artillery bombardment.” Id.

13.32 Lasantha Wickramatunga, final editorial to Sri Lankan President
Mahinda Rajapaksa: “…we have consistently espoused the view that
while separatist terrorism must be eradicated, it is more important to
address the root causes of terrorism, and urged government to view Sri
Lanka’s ethnic strife in the context of history and not through the
telescope of terrorism. We have also agitated against state terrorism in
the so-called war against terror, and made no secret of our horror that
Sri Lanka is the only country in the world routinely to bomb its own
citizens……For truth be told, we both know who will be behind my
death, but dare not call his name. Not just my life, but yours too,
depends on it.” SBS Dateline, “Hunting the Tigers,” March 15, 2009,
available at
14
http://www.sbs.com.au/dateline/story/about/id/600020/n/Hunting-the-
Tigers (last visited March 29, 2009).
14.War Crimes in Violation of the Hague and Geneva Conventions: Shelling
and Bombarding Civilians.

14.1 Between about January 1, 2009 and January 13, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells and aerially bombarded, or
systematically murdered by gunfire, 213 Hindu-Christian North-East
Sri Lankan Tamil civilians in the ethnically homogeneous, densely
populated, Hindu-Christian North- East Sri Lankan Tamil areas east
of the A-9 land route in the Vanni region, which by this date were
densely populated with approximately 350,000 Hindu-Christian
North-East Sri Lankan Tamil internally displaced persons (IDPs)
who had fled to this area from other areas of the Vanni region as a
result of systematic attacks by Sri Lankan military personnel or
government-sponsored paramilitaries targeting Hindu-Christian
North-East Sri Lankan Tamils before January 1, 2009. The areas
targeted in the attacks between January1, 2009 and January 13,
2009, included territories in the Kilinochchi and Mullaithivu
districts, including the villages of Vaddakkacchci,Kanakaambikaikku’lam, and Murasumoaddai.

14.2 On or about January 16, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries closed all land routes out of
the ethnically homogeneous, densely populated, Hindu-Christian
North-East Sri Lankan Tamil civilian areas of Puthukkudiyiruppu
town and surrounding territories in Mullaithivu district, and then
launched a campaign of heavy, continuous, indiscriminate artillery
shelling or Multi-Barrel Rocket Launcher shelling and aerial
bombardment targeting civilian settlements, makeshift hospitals,
and temples in these areas, including but not limited to areas of
Puthukkudiyiruppu town and surrounding territories, Visuvamadu
including the Athisaya Vinayakar temple and surrounding
territories, Kaiveali, and Koampaavil. The land routes closed directly 15 by Sri Lankan military personnel or government-sponsored
paramilitaries or indirectly through artillery shelling and aerial
bombardment, to block civilians fleeing from the area included, but was not limited to Mullaiththeevu-Puthukkudiyiruppu land route,
the land access route connecting Vanni mainland to Vadamaraadchi
East, and northern and southern segments of the Paranthan-
Mullaithteevu A-35 road running vertically through the targeted
territory.

14.3 As relevant to Paragraph 14.2, names of the dead include but are not
limited to:
 Yogeswaran Gajendiny, 14
 Mohandas, 25
 Ramanathan Kumaran, 30
 Thambiah Yogeswaran, 50

14.4 As relevant to Paragraph 14.2, names of the severely injured include
but are not limited to:
 Yogeswaran Prasath, 8
 Gnanarooban Vasanthakumar, 30
 Nanthakumar Thabothini, 30
 Babukaran Jeyanthini, 33

14.5 Between about January 16, 2009 and January 18, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically and indiscriminately fired artillery shells or fired
Multi-Barrel Rocket Launcher shells or aerially bombarded
ethnically homogeneous, densely populated, Hindu-Christian North-
East Sri Lankan Tamil villages in the areas of Mullaithivu district
and Kilinochci district east of the A-9 land route, including the
territories of Puthukkuiyiruppu and Visuvamadu, killing 18 Hindu-
Christian North-East Sri Lankan Tamils and seriously injuring 53
Hindu-Christian North-East Sri Lankan Tamils.

14.6 On or about January 18, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically andindiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells or aerially bombarded ethnically homogeneous,
densely populated, Hindu-Christian North-East Sri Lankan Tamil
civilian settlements in Kilinochchi district, targeting all areas near or
surrounding the Punnaineeraavi school and Ki’linochchi Hospital.

14.7 Between about January 19, 2009 and January 20, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells or aerially bombarded ethnically
homogeneous, densely populated, Hindu-Christian North- East Sri
Lankan Tamil civilian and IDP settlements in the Vanni region
including the Mullaithhivu district, targeting the villages and
surrounding territories of Visuvamadu, Udaiyaarkaddu including
Kuravil, Chuthanthirapuram including Pillayaar Kovil,
Maanikkapuram, killing 23 Hindu-Christian North-East Sri Lankan
Tamils including women and children, and severely injuring 47
Hindu-Christian North-East Sri Lankan Tamils.

14.8 The chronology of the campaign of artillery shelling on all civilian
territories specified in Paragraph 14.7, included but was not limited
to the following acts of artillery shelling:

 On January 19, 2009, Tamil civilian IDP settlements in
Chuthanthirapuram were targeted by around 12:30 pm, and
around 3:00 p.m.
 On January 20, 2009, Tamil civilian and IDP settlements
Chuthanthirapuram and Theavipuram were targeted by Sri
Lankan military artillery shells attacks from 11:00 a.m. – 12:30
p.m.
 On January 20, 2009, Tamil civilian IDP settlements behind
Pillayaar Kovil in Chuthanthirapuram junction were targeted by
Sri Lankan military artillery shells attacks around 1:45 p.m.
 On January 20, 2009, Tamil civilian and IDP settlements in
Cithanthirapuram East were targeted by Sri Lankan military
artillery shell attacks around 4:45 p.m.

14.9 As relevant to Paragraph 14.7, names of the dead include, but are not
limited to:
 Alagan Pirasanthan, 12, Chuthanthirapuram
 Manickavasagar Sivayogam, age unknown, Chuthanthirapuram
 Sinnathurai Mathanakumar, 33, Chithanthirapuram East
 V.Kirupakaran, 40, Maangkulam
 Nanthakumar, 30, Madduvil

14.10 As relevant to Paragraph 14.7, names of the injured or seriously
injured include, but are not limited to:
 Mariyathas, 52, Udaiyaarkaddu
 Akamathi, 11, Udaiyaarkaddu
 Manonmani, 68, Udaiyaarkaddu
 Kavitha, 30, Udaiyaarkaddu
 Jeyarooban, 14, Udaiyaarkaddu
 Anbarasan, 7, Udaiyaarkaddu
 Kirubakaran, 18, Udaiyaarkaddu
 Pathmanathan, 44, Udaiyaarkaddu
 Raveenthiran, 36, Udaiyaarkaddu
 Kalyani, 34, Udaiyaarkaddu
 Ravichelvan, 33, Udaiyaarkaddu
 Arulanantham, 53, Udaiyaarkaddu
 Kankamma, 63, Udaiyaarkaddu
 Ravichandran, 39, Udaiyaarkaddu
 Paramalingam, 40, Udaiyaarkaddu
 Vaksala, 17, Udaiyaarkaddu
 Chandiraraj, 14, Udaiyaarkaddu

 Sasitharan, 30, Udaiyaarkaddu
 Thineshkumar, 30, Udaiyaarkaddu
 Rathinakumar, 28, Udaiyaarkaddu
 Y. Suresh, 32, Udaiyaarkaddu
 S. Rejitha, 15, Udaiyaarkaddu
 Niroshini, 37, Udaiyaarkaddu
 Lyon, 47, Udaiyaarkaddu
 Sivakumar Ratha, 36, Udaiyaarkaddu
 Seeralakan, 23, Udaiyaarkaddu
 S. Pirabu, 32, Udaiyaarkaddu
 Nagarasa, 50, Udaiyaarkaddu
 Sutharsini, 52, Udaiyaarkaddu
 S. Kalyani, age unknown, Udaiyaarkaddu
 Kannan, 25, Chithanthirapuram East
 Karuna, 38, Chithanthirapuram East
 Kugathas, 30, Chithanthirapuram East
 Saithanya, 18, Chithanthirapuram East
 Thevan, 22, Chithanthirapuram East
 Vasantha, 42, Chithanthirapuram East
 Kanesan, 36, Chithanthirapuram East
 Velautham, 52, Chithanthirapuram East
 Yogalingan, 46, Chithanthirapuram East
 K. Chanthirasekaran, 38, Theavipuram
 Saraswathy, 59, Theavipuram
 Vekananthan, 35, Theavipuram
 R. THurairasa, 75, Chuthanthirapuram

 M.Sivakamy, 55, Chuthanthirapuram
 Chudaravan, 4, Chuthanthirapuram
 Kanimozhi, 8, Chuthanthirapuram
 Chinthuja, 7, Chuthanthirapuram
 Ponnambalam, 74, Chuthanthirapuram

14.11. As a direct consequence of the systematic and widespread campaigns
of indiscriminate artillery shelling and aerial bombardments or
otherwise genocidal acts, which preceded the progressive Sri Lankan
military force occupations and ethnic cleansings of Hindu-Christian
North-East Sri Lankan Tamil civilian territories in the Kilinochchi
and Mullaithivu Districts in the Vanni Region during all times
relevant to this complaint, and during all times in all relevant
territories of the Vanni Region between January 1, 2009 and January
21, 2009, an exodus of more than 350,000 Hindu-Christian North-
East Sri Lankan Tamil civilian IDPs flowed into village enclaves of
the Mullaithivu district. One such enclave to which North-East Sri
Lankan Tamil civilian IDPs fled was a 14 sq. mile area of the
Udayaarkaddu village in Mullaithivu district, including village
territories of Irrudamadu and Vallipunam. On January 21, 2009, the
Government of Sri Lanka declared the contiguous territory as a
“Safety Zone” or Safe Area. Before the attack on the Safe Area by Sri
Lankan military personnel or government-sponsored paramilitaries,
the estimated Hindu-Christian North-East Sri Lankan Tamil
population in the territory and surrounding territories of the Safe
Area of Udayaarkaddu was approximately between 200,000-350,000.

14.12. On or about January 22, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells or aerially bombarded ethnically homogeneous,
densely populated, Hindu-Christian North-East Sri Lankan Tamil
civilian area, in the Safe Area, of Vallipunam, targeting and
destroying the ‘Sweet Life Home’ (Iniya Vaazhvuillam) disabled
children’s institution, killing an unknown number and severely
injuring more than 100 Hindu-Christian North-East Sri Lankan
Tamil civilians.

14.13. On or about January 22, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells or aerially bombarded ethnically homogeneous,
20
densely populated, Hindu-Christian North-East Sri Lankan Tamil
civilian area, in the Safe Area, of Puthukkudiyiruppu town and
surrounding territories, which by this date was densely populated
with Hindu-Christian North-East Sri Lankan Tamil IDPs. Due to the
government-sponsored media black out of the area, casualty and
injury figures are unknown.

14.14. Between about January 19, 2009 and January 22, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells or aerially bombarded ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil civilian areas in the Safe Area, killing 66 Hindu-
Christian North-East Sri Lankan Tamil civilians, and seriously
injuring over 200 Hindu-Christian North-East Sri Lankan Tamil
civilians.

14.15. On or about or after 6:30 p.m. of January 21, 2009, and on or about
12:20 p.m. of January 22, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells or aerially bombarded the Intensive Care Unit (ICU)
of Mullaitheevu Hospital and the surgical facility of the
Mullaiththeevu Hospital relocated to Va’l’lipunam school, and
surrounding ethnically homogeneous, densely populated, Hindu-
Christian North-East Sri Lankan Tamil civilian areas, killing more
than 5 Hindu-Christian North-East Sri Lankan Tamil civilians, and
severely injuring more than 15 Hindu-Christian North-East Sri
Lankan Tamil civilians.

14.16. On January 23, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically and indiscriminately fired
artillery shells or Multi-Barrel Rocket Launcher shells targeting
ethnically homogeneous, densely populated, Hindu-Christian North-
East Sri Lankan Tamil civilian areas inside the Safe Area , including
but not limited to Iruddumadu in Udaiyaarkaddu and Vallipunam,
killing 5 Hindu-Christian North-East Sri Lankan Tamil civilians and
severely injuring more than 83 Hindu-Christian North-East Sri
Lankan Tamil civilians.

14.17. As relevant to Multi-Barrel Rocket Launcher attacks referred to in
Paragraph 14.16, on January 23, 2009, the individual Multi-Barrel
Rocket Launcher attacks include but are not limited to attacks on the
Safe Area targeting Hindu-Christian North-East Sri Lankan Tamil
IDP settlements or temporary shelters in the villages of Thearaavil,
21
Mayilvaakanapuram, Iruddumadu, Va’l’lipunam and Theavipuram
at or around 10:45 a.m., 11:00 a.m., 2:30 p.m., and 6:00 p.m.

14.18. As relevant to Paragraph 14.16, the names of the dead include, but
are not limited to:
 Sivam Kurukkal, 56, Mayilvaakanapuram
 Sivam Kukaran, 17, Mayilvaakanapuram
 Panugopan, 21, Udayaarkaddu
 Rajeev Thamilini, 23, Udayaarkaddu

14.19. As relevant to Paragraph 14.16, the names of the injured or seriously
injured include, but are not limited to:
 Lembert, 46, Mayilvaakanapuram
 R. Ravichandran, 46, Mayilvaakanapuram
 Mariyamma, 36, Mayilvaakanapuram
 Village Officer P. Sabaratnam, 48, Mayilvaakanapuram
 Ketheeswaran, 51, Mayilvaakanapuram
 Prasath, 14, Mayilvaakanapuram
 K. Thevi, 50, Mayilvaakanapuram
 Isayarasi, 11, Mayilvaakanapuram
 Isaivaa’ni, 10, Mayilvaakanapuram
 Isaiyarasan, 7, Mayilvaakanapuram
 Pushpavathy, 65, IDP settlement in Safe Area
 Perumal Kurukkal, 71, IDP settlement in Safe Area
 K. Kowsitha, 20, IDP settlement in Safe Area
 K. Balabaskaran, 42, IDP settlement in Safe Area
 Kangampikai, 30, IDP settlement in Safe Area
 Vijay, 12, IDP settlement in Safe Area
 Visihithira, 10, IDP settlement in Safe Area

 Vithusan, 04, IDP settlement in Safe Area
 T. Piriyarasa, 30, IDP settlement in Safe Area
 S. Vikinarasa, 52, IDP settlement in Safe Area
 V. Senamitha, 17, IDP settlement in Safe Area
 Kowthami, 17, IDP settlement in Safe Area
 Kamalampikai, 45, IDP settlement in Safe Area
 Yarlnilavan, 09, IDP settlement in Safe Area
 Laxsumy, 60, IDP settlement in Safe Area
 Neyanathan, 24, IDP settlement in Safe Area
 Kiri, 35, IDP settlement in Safe Area
 Vadivalakan, 21, IDP settlement in Safe Area
 Mathivanan, 28, IDP settlement in Safe Area
 Thayalini, 19, IDP settlement in Safe Area
 Pushpathevi, 65, IDP settlement in Safe Area
 Yogalingam, 42, IDP settlement in Safe Area
 Uthamani, 50, IDP settlement in Safe Area
 Yarlinpan, 19, IDP settlement in Safe Area
 Kiritharan, 26, IDP settlement in Safe Area
 Yarlanpan, 26, IDP settlement in Safe Area
 Latheepan, 20, IDP settlement in Safe Area
 Sathiyasoroopan, 29, IDP settlement in Safe Area
 Eelavan, 19, IDP settlement in Safe Area
 Kiruban, 12, IDP settlement in Safe Area
 Mathiyalakan, 22, IDP settlement in Safe Area
 Thambirasa, 30, IDP settlement in Safe Area
 Piratheepan, 23, IDP settlement in Safe Area

 Alexan, 13, IDP settlement in Safe Area
 Veerabahu Kanapathipillai, 72, Va’lipunam-Theavipuram
 Nakuleswaran Jeyakumari, 40, Va’lipunam-Theavipuram
 Baskaran Shanthakumari, 40, Va’lipunam-Theavipuram
 Veeratheeran Thanusalini, 03, Va’lipunam-Theavipuram
 Asaipillai Deluxi, 11, Va’lipunam-Theavipuram
 R. Pirabathevi, 50, Va’lipunam-Theavipuram
 V. Pirasath, 16, Va’lipunam-Theavipuram
 Nirusan, 12, Va’lipunam-Theavipuram
 Arunthathi, 42, Va’lipunam-Theavipuram
 Anusa, 03, Va’lipunam-Theavipuram
 Jeyakumari, 40, Va’lipunam-Theavipuram
 Thanabalan, 32, Va’lipunam-Theavipuram
 P. Shanthakumari, 37, Va’lipunam-Theavipuram
 T. Sobana, 28, Va’lipunam-Theavipuram
 T. Thamilventhan, 24, Va’lipunam-Theavipuram
 K. Jeyakumari, 30, Va’lipunam-Theavipuram
 P. Rathi, 42, Va’lipunam-Theavipuram
 Jenifet, 32, Va’lipunam-Theavipuram
 S. Selvaroopan, 28, Va’lipunam-Theavipuram
 K. Jegatheeswaran, 42, Va’lipunam-Theavipuram
 Nadarasa Narenthiran, 22, Va’lipunam-Theavipuram
 Jeganathan Sarswathy, 47, Va’lipunam-Theavipuram
 Paramalingam Losini, 40, , Va’lipunam-Theavipuram
 Kanagalingam Mathusa, 14, , Va’lipunam-Theavipuram
 Nallathamby Parameswaran, 30, Va’lipunam-Theavipuram

 Sasikumar, 30, Va’lipunam-Theavipuram
 Nitharsan, 19, Va’lipunam-Theavipuram
 K. Visuvalingam, 52, Va’lipunam-Theavipuram
 Nagalingam Nadarasa, 56, Va’lipunam-Theavipuram
 Nadarasa Nagendran, 22, Va’lipunam-Theavipuram
 Nallamma, 71, Va’lipunam-Theavipuram
 Ulageswari, 50, Va’lipunam-Theavipuram
 P. Kularany, 50, Va’lipunam-Theavipuram

14.20. On about January 24, 2009 until around 5:25 p.m., Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil civilian areas, in the Safe Area, of Udaiyaarkaddu
inside the Safe Area, and targeted the Udaiyaarkaddu Hospital
relocated to Udaiyaarkaddu school around 3:45 p.m., killing 11
Hindu-Christian North-East Sri Lankan Tamil civilians, and
seriously injuring 87 Hindu-Christian North-East Sri Lankan Tamil
civilians.

14.21. On about January 25, 2009 between 2:45 a.m. and 9:15 p.m., Sri
Lankan military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil civilian areas in the Safe Area in or near the
territories of Chuthanthirapuram, Udaiyaarkaddu, and Thearaavil
in Visuvamadu in Mullaithihvu district, killing over 22 Hindu-
Christian North-East Sri Lankan Tamil civilians and seriously
injuring over 85 Hindu-Christian North-East Sri Lankan Tamil
civilians.

14.22. On about January 25, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas in the Safe
Area, in Visuvamadu, in or near Thirukkangkaadu or Thearaavil,
killing 3 Hindu- Christian North-East Sri Lankan Tamil civilians,
25
and seriously injuring 9 Hindu-Christian North-East Sri Lankan
Tamil civilians.

14.23. On January 25, 2009 at or around 12:00 p.m., Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas in
the Safe Area, in or near the 100-houses-scheme settlement in
Chunthanthirapuram, killing 6 Hindu-Christian North-East Sri
Lankan Tamils, and seriously injuring 12 Hindu-Christian North-
East Sri Lankan Tamils.

14.24. On about January 25, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside the Safe
Area, including but not limited to territories in the villages of
Suthanthirapuram, Udaiyaarkaddu, and Vallipuram in Mullaithivu
district, killing more than 300 Hindu-Christian North-East Sri
Lankan Tamils, and seriously injuring more than 1000 Hindu-
Christian North-East Sri Lankan Tamils.

14.25. On about January 27, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on the ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside the Safe
Area, targeting the Udaiyaarkaddu Hospital and surrounding
territories, killing 2 Hindu-Christian North-East Sri Lankan Tamils,
and seriously injuring 8 Hindu-Christian North-East Sri Lankan
Tamils.

14.26. On about January 28, 2009 by about 12:00 p.m., Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside the Safe Area, killing 23 Hindu-Christian North-East Sri
Lankan Tamils.

14.27. On about January 29, 2009 starting after about 12:00 p.m., Sri
Lankan military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically

homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
the areas of Chuthanthirapuram 100-Housing Scheme and St.
Antony’s Church in Chuthanthirapuram, killing 44 Hindu-Christian
North- East Sri Lankan Tamils, and seriously injuring 178 Hindu-
Christian North-East Sri Lankan Tamils.

14.28. On about January 31, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas inside
Chuthanthirapuram, severely injuring 8 Hindu-Christian North-East
Sri Lankan Tamils, and destroying humanitarian supplies, fuel
reserves, and documents of the local NGO HUDEC Cartias, the only
local NGO other than the Tamil Rehabilitation Organization (TRO)
operating in the area.

14.29. On about January 31, 2009, the Sri Lankan Air Force systematically,
continuously, and indiscriminately aerially bombarded and the Sri
Lankan military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
areas inside Moongkillaa’ru and Chuthanthirapuram, killing 39
Hindu-Christian North-East Sri Lankan Tamils, severely injuring 8
Hindu-Christian North-East Sri Lankan Tamils, and destroying
humanitarian supplies, fuel reserves, and documents of the local
NGO HUDEC Cartias, the only local NGO other than the Tamil
Rehabilitation Organization (TRO) operating in the area.

14.30. On January 31, 2009, and on or about February 1, 2009 around 10:00
p.m., the Sri Lankan Air Force systematically, continuously, and
indiscriminately aerially bombarded ethnically homogeneous,
densely populated, Hindu-Christian North-East Sri Lankan Tamil
areas inside and surrounding the Safe Area, including areas inside
Moongkillaa’ru in Udayaarkaddu, and areas near
Chuthanthirapuram school, killing at least 37 Hindu-Christian
North-East Sri Lankan Tamils, and severely injuring at least 13
Hindu-Christian North-East Sri Lankan Tamil civilians.
14.31. On or about February 2, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas inside or near
Puthukkudiyiruppu (PTK) hospital, killing at least 9 Hindu-
Christian North-East Sri Lankan Tamils, and severely injuring at
least 15 Hindu-Christian North-East Sri Lankan Tamils.

14.32. On or about February 2, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired over 5000 artillery shells or Multi-Barrel
Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, including areas inside or near
Puthukkudiyiruppu (PTK) hospital, Udayaarkaddu, Vallipunam,
Theavipuram, and Chuthanthirapuram,

14.33. On or about February 2, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas inside or near Kilinochchi
hospital, killing one Hindu-Christian North-East Sri Lankan Tamil
civilian nurse, and severely injuring at least 10 Hindu-Christian
North-East Sri Lankan Tamils, including including ICRC/SLRC staff
stationed in the vicinity of Puthukkudiyiruppu.

14.34. On or about February 5, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, killing at least 7 Hindu-Christian North-
East Sri Lankan Tamils, severely injuring at least 27 Hindu-
Christian North-East Sri Lankan Tamils, destroying 2 ambulances
and medical buildings in the area.

14.35. On February 5, 2009, the Sri Lankan military personnel or
government-sponsored paramilitaries systematically, continuously,
and indiscriminately fired over 6000 artillery shells or Multi-Barrel
Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, including areas inside or near
bunkers and temporary IDP shelters in Chuthanithrapuram and
Iruddumadu, , killing at least 100 Hindu-Christian North-East Sri
Lankan Tamils.

14.36. On February 7, 2009, the Sri Lankan Air Force systematically,
continuously, and indiscriminately aerially bombarded ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
areas near or inside the Ponnampalam Memorial Hospital in
Puthukkudiyiruppu, killing at least 61 Hindu-Christian North-East
Sri Lankan Tamil civilian patients

.
14.37. On February 8, 2009, around or near the border area of the Safe Area
near Chuthanthirpuram, Sri Lankan military personnel
indiscriminately fired upon approximately 4000 Hindu-Christian
North-East Sri Lankan Tamil civilians fleeing the systematic,
continuous, and artillery or Multi-Barrel Rocket Launcher attacks
fired by Sri Lankan military personnel or government-sponsored
paramilitaries.

14.38. Between February 6, 2009 and February 7, 2009, the Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
in Chuthanthirapuram, Iruddumadu, Udaiyaarkaddu and
Theavipuramkilling, killing at least 120 Hindu-Christian North-East
Sri Lankan Tamils, severely injuring at least 59 Hindu-Christian
North-East Sri Lankan Tamils on February 6, 2009, and killing at
least 61 Hindu-Christian North-East Sri Lankan Tamils and
destroying a makeshift hospital in Chuthanthirapuram on February
7, 2009.

14.39. On February 8, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including bunkers and temporary IDP
shelters in or near the areas of Vallipunum, killing at least 80 Hindu-
Christian North-East Sri Lankan Tamils, severely injuring at least
200 Hindu-Christian North-East Sri Lankan Tamils, and damaging
approximately 500 homes.
14.40. By February 9, 2009, the Sri Lankan military personnel’s or
government-sponsored paramilitaries’ systematic, continuous, and
indiscriminate firing of artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, had killed at least 15 Hindu-Christian
North-East Sri Lankan Tamils in the areas in or near
Chuthanthirapuram.

14.41. On February 9, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including the hospital in Putumattalan,
killing 16 Hindu-Christian North-East Sri Lankan Tamil patients.

14.42. On or about February 10, 2009, the Sri Lankan Air Force
systematically, continuously, and indiscriminately aerially
bombarded and the Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas inside Vallipunam,
Maaththalan, and Chuthanthirapuram, killing at least 36 Hindu-
Christian North-East Sri Lankan Tamils, severely injuring at least
76 Hindu-Christian North-East Sri Lankan Tamils, and destroying
the entire 100-houses-scheme located in Chuthanthirapuram.

14.43. Between February 10, 2009 and February 12, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
areas in or near Theavipuram to Puthukkudiyiruppu, killing at least
240 Hindu-Christian North-East Sri Lankan Tamils.

14.44. Between January 1, 2009 and February 14, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries had
murdered 190 Tamil civilian males and sexually abused or raped or
gang-raped 130 Tamil civilian females inside the “IDP Rescue
Centers’ in Vavuniya district.

14.45. Between February 13, 2009 and February 14, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
areas in or near Iranaippaalai, Vallipunam, and Theavipuram,
killing at least 69 Hindu-Christian North-East Sri Lankan Tamils,
and severely injuring at least 85 Hindu-Christian North-East Sri
Lankan Tamils.

14.46. On or about February 18, 2009, the Sri Lankan Air Force
systematically, continuously, and indiscriminately aerially
bombarded and the Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas in or near Theavipuram,
Vallipunam, Maaththa’lan, Pokka’nai, Mu’l’livaaykkaal, and
Ira’naippalai, killing at least 108 Hindu-Christian North-East Sri
Lankan Tamils, and severely injuring at least 200 Hindu-Christian
North-East Sri Lankan Tamils.

14.47. On February 18, 2009 around 12:50 p.m., the Sri Lankan Air Force
systematically, continuously, and indiscriminately aerially
bombarded ethnically homogeneous, densely populated, Hindu-
Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas near or inside
Aananthapuram in Ira’naippaalai, killing at least 10 Hindu-
Christian North-East Sri Lankan Tamils, and severely injuring at
least 70 Hindu-Christian North-East Sri Lankan Tamils.

14.48. On February 18, 2009 between 11:00 a.m. and 10:00 p.m., Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside Mullaithivu district, killing
approximately 160 Hindu-Christian North-East Sri Lankan Tamils.

14.49. On February 19, 2009, the Sri Lankan Air Force systematically,
continuously, and indiscriminately aerially dropped approximately
cluster or bunker buster bombs, and the Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired over 200 artillery shells or
Multi-Barrel Rocket Launcher shells, on ethnically homogeneous,
densely populated, Hindu-Christian North-East Sri Lankan Tamil
areas inside and surrounding the Safe Area, including areas in or
near Ira’naippaalai, Aananthapuram, Puthukkudiyiruppu, and
Valaignarmadam villages, killing 30 Hindu-Christian North-East Sri
Lankan Tamil families, killing 34 Hindu-Christian North-East Sri
Lankan Tamils, and destroying 180 homes

.
14.50. On February 21, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside or
surrounding the Safe Area, including the areas of Maaththa’lan,
Pokka’nai, Valaignanmadam and Ira’naippaalai in Mullaiththeevu
district, killing at least 13 Hindu-Christian North-East Sri Lankan
Tamils, and severely injuring at least 57 Hindu-Christian North-East
Sri Lankan Tamils. Between February 21, 2009 and February 22, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside the Safe Area, including areas in or near
Valaignarmadam, Mu’l’livaaykkaal, and Pokka’ani, killing at least 33
Hindu-Christian North-East Sri Lankan Tamils, and severely
injuring at least 73 Hindu-Christian North-East Sri Lankan Tamils.

14.52. On February 24, 2009 around 5:00 a.m., Sri Lankan military
personnel or government-sponsored paramilitaries fired one artillery
shell at the makeshift hospital in Puthumaaththalan, the only
functioning hospital inside the Safe Area, killing 6 Hindu-Christian
North-East Sri Lankan Tamils, 2 of which were children.

14.53. Between February 28, 2009 and March 2, 2009, the Sri Lankan Air
Force systematically, continuously, and indiscriminately aerially
bombarded and the Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas in or near
Mu’l’livaaykkaal, Valaignarmadam, Pokka’nai, Maaththa’lan, and
Ira’naippaalai, killing at least 122 Hindu-Christian North-East Sri
Lankan Tamils.

14.54. On March 3, 2009 between 5:00 a.m. and 11:30 a.m., Sri Lankan
military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside the Safe Area, including areas in or near
the Maaththalan hospital, and including an IDP settlement located
within 200 meters of Maaththalan hospital, Mu’l’livaaykkaal, and
Pokka’ani, killing at least 13 Hindu-Christian North-East Sri
Lankan Tamils including 4 children, and severely injuring at least
Hindu-Christian North-East Sri Lankan Tamils.

14.55. On March 3, 2009, the Sri Lankan Air Force aerially bombarded
ethnically homogeneous, densely populated, Hindu-Christian North-
East Sri Lankan Tamil areas inside the Safe Area, at least 2 times.

14.56. Between March 1, 2009 and March 4, 2009, the Sri Lankan Air Force
systematically, continuously, and indiscriminately aerially
bombarded and the Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells, including at least 35 cluster-fitted artillery shells,
on ethnically homogeneous, densely populated, Hindu-Christian
North-East Sri Lankan Tamil areas inside and surrounding the Safe
Area in Mullaithivu district, killing at least 84 Hindu-Christian
North-East Sri Lankan Tamils, and severely injuring at least 160
Hindu-Christian North-East Sri Lankan Tamils.

14.57. On March 4, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas in Pokkanai and
Maaththalan, killing at least 78 Hindu-Christian North-East Sri
Lankan Tamils including 21 children, and severely injuring at least
182 Hindu-Christian North-East Sri Lankan Tamils.

14.58. On March 5, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside the Safe
Area, including areas in or near Maaththalan hospital, severely
injuring at least 126 Hindu-Christian North-East Sri Lankan Tamils.
14.59. Between March 5, 2009 and March 7, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or clusterfitted
artillery shells or Multi-Barrel Rocket Launcher shells on
ethnically homogeneous, densely populated, Hindu-Christian North-
East Sri Lankan Tamil areas inside and surrounding the Safe Area,
including areas in or near multiple bunkers or IDP settlements, and
including areas in Ampalavanpokka’ani, Maaththa’lan,
Mu’l’livaaykkaal, Iraddaivaaykkaal, Ira’naippaalai, killing at least
208 Hindu-Christian North-East Sri Lankan Tamils, and severely
injuring at least 330 Hindu-Christian North-East Sri Lankan Tamils

.
14.60. Between March 8, 2009 and March 9, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, killing at least 139 Hindu-
Christian North-East Sri Lankan Tamils.

14.61. Between March 9, 2009 and March 10, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, including areas in
Ampalavanpokka’nai, Pachchaip-pulmoaddai, Valaignarmadam,
Maaththa’lan, Iraddaivaaykkaal, and Mu’l’livaaykkaal, killing at
least 130 Hindu-Christian North-East Sri Lankan Tamils including
43 children.

14.62. Between March 10, 2009 and March 11, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, killing at least 180 Hindu-
Christian North-East Sri Lankan Tamils including 49 children, and
severely injuring at least 226 Hindu-Christian North-East Sri
Lankan Tamils.

14.63. On March 11, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas and civilian settlements
in or near Mullivaaykkaal and Valaignarmadam, killing at least 82
Hindu-Christian North-East Sri Lankan Tamils, and severely
injuring at least 130 Hindu-Christian North-East Sri Lankan Tamils.

14.64. On March 13, 2009, supported by Sri Lankan Air Force aerial
surveillance, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or Multi-Barrel Rocket
Launcher shells on ethnically homogeneous, densely populated,
Hindu-Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, including areas in or near Maaththalan,
Mu’l’livaaykkaal, and Valaignarmadam killing at least 62 Hindu-
Christian North-East Sri Lankan Tamils, and severely injuring at
least 129 Hindu-Christian North-East Sri Lankan Tamils.

14.65. On March 14, 2009, the Sri Lankan Air Force systematically,
continuously, and indiscriminately aerially bombarded and the Sri
Lankan military personnel or government-sponsored paramilitaries
systematically, continuously, and indiscriminately fired artillery
shells or Multi-Barrel Rocket Launcher shells on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area in
Mullaithivu district, including areas in or near Maaththalan and
Maaththalan hospital, Mullivaaykaal, and Iraddaivaaykkaal, killing
at least 98 Hindu-Christian North-East Sri Lankan Tamils including
19 children.

14.66. On March 17, 2009, in the coastal waters between
Puthumaaththalan in Mullaithivu district and Vadamaraadchi in
Jaffna district, Sri Lankan military personnel murdered by gunfire a
Tamil father, mother, and their 9-year old Tamil male child, fleeing
from the Sri Lankan Armed Forces systematic, continuous, and
indiscriminate shelling and aerial bombardment of the area.

14.67. Between March 19, 2009 and March 21, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, including temporary IDP
shelters and other areas in Maaththalan, Pokk’anai,
Mu’l’livaaykkaal, Iraddaivaaykkaal, and Valaignarmadam, killing at
least 128 Hindu-Christian North-East Sri Lankan Tamils including
at least 11 children.

14.68. By March 21, 2009, the Sri Lankan Health Ministry had refused or
otherwise not met repeated requests by the Jaffna Teaching Hospital
(JTH) administration for urgently needed medical equipment
required to treat the seriously injured.

14.69. Between March 21, 2009 and March 22, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or Multi-
Barrel Rocket Launcher shells on ethnically homogeneous, densely
populated, Hindu-Christian North-East Sri Lankan Tamil areas
inside and surrounding the Safe Area, killing at least 42 Hindu-
Christian North-East Sri Lankan Tamils, and severely injuring at
least 80 Hindu-Christian North-East Sri Lankan Tamils.
14.70. On March 22, 2009, the Sri Lankan Air Force systematically,
continuously, and indiscriminately aerially bombarded ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, includingareas in or near Puthukkudiyiruppu and Iranaippaalai, killing 7Hindu-Christian North-East Sri Lankan Tamils.

14.71. On March 23, 2009, Sri Lankan military personnel or government sponsored
paramilitaries systematically, continuously, and
indiscriminately fired Rocket Propelled Grenade attacks on
ethnically homogeneous, densely populated, Hindu-Christian North-
East Sri Lankan Tamil areas inside and surrounding the Safe Area,
including areas in or near Puthumaaththalan, Pokkanai, and
Maaththalan, Mullivaaykkaal and Valaignarmadam, killing at least
121 Hindu-Christian North-East Sri Lankan Tamils including 19
children.

14.72. On March 24, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries systematically, continuously, and
indiscriminately fired artillery shells or cluster-fitted artillery shells
or Multi-Barrel Rocket Launcher shells or mortars on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas inside and surrounding the Safe Area, including
areas in Valaignarmadam, Pokka’nai, Ampalavanpokka’nai,
Mu’l’livaaykkaal, and Maaththa’lan, killing at least 83 Hindu-
Christian North-East Sri Lankan Tamils, and severely injuring at
least 229 Hindu-Christian North-East Sri Lankan Tamils.

14.73. Between March 25, 2009 and March 29, 2009, Sri Lankan military
personnel or government-sponsored paramilitaries systematically,
continuously, and indiscriminately fired artillery shells or clusterfitted
artillery shells or Multi-Barrel Rocket Launcher shells or
mortars on ethnically homogeneous, densely populated, Hindu-
Christian North-East Sri Lankan Tamil areas inside and
surrounding the Safe Area, killing at least 179 Hindu-Christian
North-East Sri Lankan Tamils including at least 76 children under
the age of 15 and at least 16 pregnant women, and severely injuring
at least 109 Hindu-Christian North-East Sri Lankan Tamil children
under the age of 15.

14.74. The following transcript is from a February 2, 2009 report and
interview with Sri Lankan Secretary of Defense Gotabaya Rajapaksa
aired on SKY News:
[Alex Crawford reporting] “The casualties are mounting on both
sides. The aid agencies say a hospital packed with wounded has been
repeatedly shelled. Killing some patients and injuring many more.
The Defense Secretary told us right now everything is a legitimate
target if it is not within the safe zone the government’s created, and
the only hospital is outside that zone.”
[Interview: Gotabaya Rajapaksa] “Nothing should existed beyond the
no fire zone, nothing should…”
[Interview: Alex Crawford] “So just to be clear, if this hospital is
operating, if it’s outside of the safe zone, it is a legitimate target?”
[Interview: Gotabaya Rajapaksa] “Yes. No hospital should operate in the area…nothing should operate. That is why we clearly gave these
no fire zones.” Alex Crawford, “Sri Lanka: 12 Killed At Hospital,”
SKY News, available at
http://news.sky.com/skynews/Home/video/Sri-Lanka-12-Killed-In-
Artillery-Fire-Report-From-Tamil-Tiger-Stronghold-Jaffna-And-
Capital-
Colombo/Video/200902115215509?lpos=World%2BNews_2&lid=VIDE
O_1785202_Fighting%2BIn%2BSri%2BLanka&videoCategory=World
%2BNews (last visited March 29, 2009).

14.75. “As you may be aware, the current humanitarian situation in the
Vanni is dire. Since early January 2009, civilian casualties in the
fighting between government forces and the separatist Liberation
Tigers of Tamil Eelam (LTTE) have skyrocketed. More than 2,800
civilians are believed to have been killed and another 7,000 wounded
in the past two months alone. Approximately a quarter of a million
people have been displaced by the recent fighting, of which some
35,000 are now at government centers.” Brad Adams, “Letter to IMF
on Sri Lanka’s Emergency Support Loan Request,” Human Rights
Watch, March 23, 2009, available at
http://www.hrw.org/en/news/2009/03/23/letter-internationalmonetary-
fund-imf-sri-lankas-emergency-support-loan-request (last
visited March 27, 2009).

14.76. “Government forces continue to fire artillery indiscriminately into
areas they have declared to be safe zones. Both sides have resisted
calls from intergovernmental bodies and states to permit a
humanitarian evacuation of the population.” Id.

14.77. “We have also raised concerns regarding the treatment of internally
displaced persons, which has direct relevance to the post-conflict
resettlement for which the government is seeking funding. The plight
of internally displaced persons has been exacerbated by the Sri
Lankan government’s decision in September 2008 to order most
humanitarian agencies out of the Vanni.” Id.

14.78. “Internally displaced persons who escape LTTE territory to what
they hope is safety within government-controlled areas have been
placed in “welfare centers” that are effectively detention camps. All
internally displaced persons who cross to the government side,
including entire families, are sent to internment centers, which are
military-controlled, barbed-wire camps where there are no rights to
liberty and freedom of movement. Humanitarian agencies have
tenuous access, but do so at the risk of supporting a long-term
detention program for civilians fleeing a war.” Id.

14.79. “Unfortunately, the government’s current policies and practices are
counterproductive to the intended goal of the IMF loan. First, the
government’s continuing disregard for the rights and well-being of
civilians in the Vanni, who are almost entirely ethnic Tamil, erodes
the trust of the Tamil population generally, making post-conflict
stability and a lasting political settlement less likely. Manifestations
of this disregard can be found in the government’s preventing
humanitarian access to the Vanni, continuing indiscriminate shelling
of civilians trapped by the LTTE, and the indefinite detention
civilians in camps.” Id.

14.80. “Total minimum number of documented civilian casualties since 20
January 2009, as of 7 March 2009 in the conflict area of Mullaithivu
District: 9,924 people including 2,683 deaths and 7,241 injuries. The
number of people killed each day has doubled in one month.” United
Nations Office of the Resident Coordinator and Humanitarian
Coordinator, “Civilian Casualties in the Vanni,” United Nations,
March 2009.

14.81. “Only partial figures were accumulated due to the difficulty of
obtaining a constant breakdown. Nevertheless, there are at least 135
[child] deaths, and 707 [child] injuries since 20 January. However,
like the basic casualty figure itself, this is thought to be a gross under
estimate. Based on a population assumption the figure is likely to be
closer to 400 deaths, and 1,100 injured.” Id.

14.82. “As the combat area reduces the daily average shows an increase in
the number of people killed (from 33 to 63) and a slight decrease in
the number of injured (from 184 to 145). This is due to increased
density, the use of heavy weapons which continue to strike the NFZ,
and inadequate medical treatment.” Id.

14.83. “Two thirds of the documented casualties occurred in the NFZ.” Id.

14.84. “Although there is a Government-designated ‘no-fire’ zone for
civilians in the Vanni region, repeated shelling has continued inside
these areas, according to information made available to the Office of
the High Commissioner for Human Rights (OHCHR). UN News
Centre, “Sri Lanka: actions by Government forces, rebels possible
war crimes – UN rights chief,” March 13, 2009, available at
http://www.un.org/apps/news/story.asp?NewsID=30175&Cr=sri+lank
a&Cr1= (last visited March 28, 2009).

14.85. “Other areas where civilians are sheltering have been hit, and
OHCHR noted reports that over 2,800 people may have been killed
and 7,000 others injured – many in the no-fire zones – since 20
January. Many children are believed to be among the casualties, with
hundreds having lost their lives and over 1,000 hurt.” Id.

14.86. [Quoting UN High Commissioner for Human Rights Navi Pillay]
“Certain actions being undertaken by the Sri Lankan military and by
the LTTE may constitute violations of international human rights
and humanitarian law.” “We need to know more about what is going
on, but we know enough to be sure that the situation is absolutely
desperate. The world today is ever sensitive about such acts that
could amount to war crimes and crimes against humanity.” Office of
the High Commissioner for Human Rights, “Press Release: Serious
violations of international law committed in Sri Lanka conflict: UN
human rights chief,” United Nations Human Rights, March 13, 2009,
available at
http://www.unhchr.ch/huricane/huricane.nsf/0/FFDE961C9D0236C5
C1257578004B8E4B?opendocument (last visited March 28, 2009).

14.87. “Despite the Government’s designation of safe – or “no-fire” – zones
for civilians, repeated shelling has continued inside those zones,
according to information made available to OHCHR. Other areas
holding civilians have also been shelled.” Id.
14.88. “Even after the Government’s announcement on 24 February that
heavy weapons would no longer be fired into the no-fire zones, close
to 500 people were reportedly killed and more than a thousand
injured in these zones. Of these deaths, the great majority have been
attributed to the use of heavy weapons. Overall, since 20 January,
more than two thirds of the reported deaths and injuries have
occurred in the no-fire zones.” Id.

14.89. [Quoting UN High Commissioner for Human Rights Navi Pillay]
“The current level of civilian casualties is truly shocking, and there
are legitimate fears that the loss of life may reach catastrophic levels,
if the fighting continues in this way.” Id.

14.90. “Yet, the Sri Lankan government has acted no more responsibly. Not
only does it refuse to grant humanitarian aid workers access to the
conflict zone, there are reports that it also shells civilians and
hospitals in the so-called “safe zone” for Tamil citizens. Descriptions
of government camps for civilians fortunate enough to leave the
conflict zone reminded us of detention centers, rather than safe
havens for refugees. Senator Robert P. Casey, Jr., “Casey Expresses
Alarm Over Humanitarian Crisis in Sri Lanka: Takes Lead in Senate
Letter to Secretary Clinton,” Robert P. Casey, Jr. United States
Senator for Pennsylvania, March 11, 2009, available at
http://casey.senate.gov/newsroom/press/release/?id=df2c7709-389a-
4320-bb33-d244f065f1a9 (last visited March 28, 2009).

14.91. “US Secretary of State Hillary Clinton told Sri Lanka’s President,
Mahinda Rajapaksa, by telephone that Washington was deeply
concerned about deteriorating conditions and increasing loss of life in
government-designated safe areas.” BBC News, “UN fears Sri Lanka
‘war crimes’”, March 13, 2009, available at
http://news.bbc.co.uk/2/hi/south_asia/7942051.stm (last visited March
28, 2009).
14.92. “Both the military and the Tigers have been regularly accused of
gross abuses of human rights by organizations such as Amnesty
International and Human Rights Watch.” Id.
14.93. “On March 13, Secretary of State Hillary Rodham Clinton called Sri
Lankan President Rajapaksa to express the United States’ deep
concern over the deteriorating conditions and increasing loss of life
occurring in the Government of Sri Lanka – designated “safe zone” in
northern Sri Lanka. Secretary Clinton stated that the Sri Lankan
Army should not fire into the civilian areas of the conflict zone.”
Gordon Duguid, Bureau of Public Affairs, “Humanitarian Situation
in Sri Lanka,” U.S. Department of State, March 13, 2009, available
at http://www.state.gov/r/pa/prs/ps/2009/03/120341.htm (last visited
March 28, 2009).

14.94. “While in the country, however, we managed to collect credible
information about egregious violations by the parties to the conflict,
both of which appear to be engaged in a perverse competition to
demonstrate the greatest disregard for the civilian population.” Dr.
Anna Neistat, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,

2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009), 1.

14.95. “The Sri Lankan forces have committed numerous indiscriminate
and perhaps disproportionate attacks consisting of artillery
bombardment and aerial bombing. These include attacks on the
government-proclaimed “safe zones” and on clearly marked hospitals.
Statements by senior officials indicating that civilians who do not
leave LTTE-controlled areas are subject to attack are indicative of an
intent to commit war crimes.” Id, 2.

14.96. “Sri Lankan forces have repeatedly and indiscriminately shelled
areas packed with displaced persons, causing numerous civilian
casualties. This includes numerous reported bombardments of a
government declared “safe zone” and of the remaining hospitals in
the region.” Id, 4.

14.97. “Concerns of indiscriminate attacks by SLA forces are heightened by
reports that they are using multi-barrel rocket launchers. Rockets
fired from multi-barrel launchers cannot be targeted with sufficient
precision to be accurate against military targets, and their broad
area effect makes their use incompatible with the laws of war in
areas where civilians or civilian objects (such as schools or hospitals)
are located. The use of such weapons in populated areas is
indiscriminate in violation of international humanitarian law.” Id, 4

.
14.98. “Many of the civilian deaths reported in the past month have
occurred in an area that the Sri Lankan government has declared to
be a “safe zone.” On January 21, the Sri Lankan armed forces
unilaterally declared a 35 square kilometer “safe zone” for civilians
north of the A35 road between the Udayarkattu junction and the
Manjal Palam (Yellow Bridge) in Mullativu district. The Sri Lankan
Air Force dropped leaflets appealing to civilians to move into the safe
zone as soon as possible.” Id, 4.

14.99. “During the next days, several thousand people gathered in a large
playground located just north of the A35 in the safe zone. The
playground also functioned as a food distribution center for the local
government agent (GA) and international organizations. Several
people located in or around the GA food distribution center told
42
Human Rights Watch that, despite the army declaration of a safe
zone in the area, the area was subjected to heavy shelling from SLA
positions in the period January 22-29, which killed and injured
hundreds of people.” Id, 4.
14.100. “At the same time, having declared the area a safe zone for civilians,
the SLA encouraged civilians to go to the area, increasing the
vulnerability of civilians in the event of an attack. By creating the
zone, government forces took on a greater obligation to ensure that
they spared civilians from the effects of attacks. Given this civilian
presence, attacks on valid military targets in the safe zone should
only have been carried out after issuing an effective advance warning
that the area was no longer a zone protected from attack.” Id, 5.

14.101. “Human Rights Watch also documented several SLA attacks outside
of the safe zone which seemed to have been indiscriminate and led to
civilian casualties.” Id, 5.

14.102. “The delivery of humanitarian assistance had been further
complicated because both side used humanitarian convoys to advance
their military positions, in clear violation of international law.” Id, 9.
14.103. “The situation of civilians who manage to escape from areas of active
hostilities into government-controlled territory is dire. Instead of
providing the internally displaced with the assistance and protection
they are entitled to under international law, the Sri Lankan
government continues to violate their fundamental rights.” Id, 9.

14.104. “The government has arbitrarily detained people during screening
procedures; subjected all internally displaced persons, including
entire families, to indefinite confinement in military-controlled
camps; and failed to provide adequate medical and other assistance
to displaced persons. The government has directly restricted the
efforts of relief agencies seeking to meet emergency needs, and has
deterred agencies from offering greater support through policies that
the agencies rightly perceive as unlawful.” Id, 9

.
14.105. “Displaced persons confined in the camps enjoy no freedom of
movement and are not allowed any contact with the outside world…
The displaced persons in Vavuniya camps are never allowed to leave
the sites on their own.” Id, 11.

14.106. “Both the LTTE and the Government have shown a callous disregard
for civilians. There is a desperate need for food and medical care.
Both sides have fired into civilian areas.” Ambassador Jeffrey
Lunstead, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009).

14.107. “More than 150,000 people are being shelled daily and are running
short of water and medicine in a Sri Lankan-government declared
“No Fire Zone”, according to witness reports and United Nations
briefing documents obtained by the Guardian.” Randeep Ramesh,
“Sri Lankans face humanitarian crisis trapped in ‘no fire zone’, warns
UN,” The Guardian Newspaper, March 23, 2009.

14.108. “The UN warns that if people stay they risk being killed by
government shells and if they try to leave they will be in danger of
being shot by the Tigers.” Id.
14.109. “Reports emerging from Sri Lanka suggest that government forces

and the Liberation Tigers of Tamil Eelam (LTTE) are violating the
laws of war by targeting civilians and preventing them from escaping
to safety.” Amnesty International, “Sri Lanka: Government and
Tamil Tigers Violating Laws of War,” January 28, 2009, available at
http://www.amnesty.org/en/for-media/press-releases/sri-lankagovernment-
and-tamil-tigers-violating-laws-war-20090128 (last
visited March 28, 2009).

14.110. “The Government of Sri Lanka is carrying out military operations in
areas with a civilian population. The aerial and artillery
bombardment has reportedly led to civilian deaths, injuries, the
destruction of property and mass displacement.” Id.
14.111. “The government had declared “safe zones” to allow civilians to seek
shelter, but information made available to Amnesty International
indicates that several civilians in the so-called safe zone have been
killed or sustained injuries as a result of artillery bombardment.” Id.

14.112. “A doctor working in a hospital in a “safe zone” says that about 1,000
shells fell around the hospital.” Id.

15. Rape
 Between about December 16, 2005 and December 17, 2005, Sri
Lankan military personnel or government-sponsored paramilitaries
sexually abused by inflicting severe fingernail and bite marks to
several areas of the body including her breasts, and then gang-raped
to death 20-year old Ilayathamby Tharshini in the areas of
Punguduthivu in the Jaffna islets.
 On or about January 28, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries detained between 50-200 or
more Hindu-Christian North-East Sri Lankan Tamils in the areas of
Vadamaraadchi East in Jaffna district and from Murasumoaddai in
Ki’linochchi district, confined them to detention camps administered
by the Sri Lankan military, stripped multiple male and female
Hindu-Christian North-East Sri Lankan Tamils naked, and sexually
assaulted or sexually abused or raped or gang-raped multiple female
Hindu-Christian North- East Sri Lankan Tamils.
 Between January 1, 2009 and February 14, 2009, Sri Lankan
military personnel or government-sponsored paramilitaries had
murdered 190 Tamil civilian males and sexually abused or raped or
gang-raped 130 Tamil civilian females inside the “IDP Rescue
Centers’ in Vavuniya district.
 On March 1, 2009, during a cordon and search operation in the areas
of Vallaaveli of Batticaloa district, Sri Lankan military personnel in
the Special Task Force (STF) in Vellaaveli Police Division in
Batticaloa district sexually abused a 14-year old Tamil girl in front of
her mother.
16 Cruel, inhumane, or degrading treatment.
16.1 “After several weeks of reports of food shortages, it’s highly predicted
that mortality could set in as a significant number of the IDP
population is reportedly weakened and the likelihood of malnutrition
across the same population group could translate into a rapid
increase of nutritional and health deterioration. A recent report from
Mullaitivu also stressed the seriousness of the food situation in
Mullaitivu that people’s nutritional condition shows significant
deterioration.” United Nations Office of the Resident Coordinator and

Humanitarian Coordinator, “Food Delivery to IDPs in the Vanni,”
March 2009.

16.2 “The government has arbitrarily detained people during screening
procedures; subjected all internally displaced persons, including
entire families, to indefinite confinement in military-controlled
camps; and failed to provide adequate medical and other assistance
to displaced persons. The government has directly restricted the
efforts of relief agencies seeking to meet emergency needs, and has
deterred agencies from offering greater support through policies that
the agencies rightly perceive as unlawful.” Dr. Anna Neistat,
Testimony before the Senate Foreign Relations Subcommittee on the
Middle East and South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009), 9.
17 Prolonged detention without charges.
 On or about January 28, 2009, Sri Lankan military personnel or
government-sponsored paramilitaries detained between 50-200 or
more Hindu-Christian North-East Sri Lankan Tamils in the areas of
Vadamaraadchi East in Jaffna district and from Murasumoaddai in
Ki’linochchi district, confined them to detention camps administered
by the Sri Lankan military, stripped multiple male and female
Hindu-Christian North-East Sri Lankan Tamils naked, and sexually
assaulted or sexually abused or raped or gang-raped multiple female
Hindu-Christian North- East Sri Lankan Tamils.
 On or about January 30, 2009, Sri Lanka military personnel in
Vavuniyaa district separated 122 immediate Tamil civilian family
members accompanying the seriously injured 226 Tamil civilians
transported by the International Committee of Red Cross (ICRC),
including Tamil mothers of several injured Tamil children between
ages 8 and 10 years, and arbitrarily and indefinitely detained them
in internment camps located in the territory of Nelukku’lam inside
Vavuniyaa district.
 Between January 31, 2009 and February 6, 2009, Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries arbitrarily and indefinitely detained around 120
North-East or Hill-Country Tamil civilians in the areas of Colombo
and its suburbs
 On February 9, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries arbitrarily and
indefinitely detained 8 Tamil civilians in 2 cordon and search
operations conducted in Chilaapam (Chilaw) in the northwestern
province and in Dehiwala in the western province.
 By February 11, 2009, due to severe food shortages, Jaffna
Government Agent (GA) made an urgent appeal Tuesday to local and
international non-government organizations in Jaffna to provide food
materials to the 2400 Hindu-Christian North-East Sri Lankan Tamil
civilian detainees held indefinitely and without charges in three Sri
Lanka Army camps in Kurunakar, Koaappay, and Mirusuvil.
 On February 11, 2009, the Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries arbitrarily and
indefinitely detained 9 Tamil civilians in cordon and search
operations in 10 police divisions in the Gampaha district.
 On February 16, 2009, the Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in the suburbs of Colombo including the areas
of Pettah, Kotahena, Grandpass, Wellawatte, Dehiwala, Nugegoda,
and Borella, and arbitrarily and indefinitely detained approximately
100 Tamil civilians.
 On February 18, 2009, the Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in Gampaha town, arbitrarily and indefinitely
arresting approximately 38 Hindu-Christian North-East Sri Lankan
Tamils.
 On February 22, 2009, the Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in areas in or near Colombo, including
Moratuwa, Panadura, and Kalutura, interrogating hundreds of Tamil
civilians, and arbitrarily and indefinitely detaining 12 Tamil civilian
youth.
 On February 23, 2009, the Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in areas in Kuchchave’li in Trincomalee
district, arbitrarily and indefinitely detaining 23 Tamil civilian
youth.
 On February 27, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon and search operations in the areas of Hatton, Bogawanthalawa,
Kottagala, and Nuwereliya areas, arbitrarily and indefinitely
detaining 12 Tamil civilian youth.
 On March 2, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operaitons in the suburbs of Colombo, including the areas
of Kalubovilla and Kohuwella, and arbitrarily and indefinitely
detained 8 Tamil civilians in Dehiwala Police station.
 On March 3, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in or near the areas of Gampaha, and
arbitrarily and indefinitely detained approximately 13 Tamil civilian
youth.
 On March 3, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in or near the areas of Chilaw town, and
arbitrarily and indefinitely detained approximately 10 Tamil civilian
youth.
 On March 10, 2009, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries conducted cordon
and search operations in areas of Colombo, including areas in
Panadura, Pandura Nalloor, Kalutura, and Minuwangoda, and
arbitrarily and indefinitely detained 18 Tamil civilians.
 By March 12, 2009 in areas in or near the Safe Area, Sri Lankan
military personnel or government-sponsored paramilitaries have
detained at least 1313 Tamil IDPs in the Mirusuvil Catholic Church,
706 Tamil IDPs in Kodikaamam Governmentt Tamil Mixed School,
647 Tamil IDPs in Chiththa Aayurveatha College hostel, and 183
Tamil IDPs in the Saiva Children Home.
 By March 19, 2009, Sri Lankan military personnel or governmentsponsored
paramilitaries forcibly transported and indefinitely
detained 707 Hindu-Christian North-East Sri Lankan Tamil civilians
who arrived in Vadamaraadchi East and Point Pedro Munai to
detention camps in Thenmaraadchi, of which 450 are held in Jaffna
University Ciththa medical faculty hostel camp in Kaithadi, and of
which 227 are held in Kodikaamam Government Tamil Mixed School
detention camp.
 On March 25, 2009, the Sri Lankan police or Sri Lankan military
personnel in Deniyaya town in Matara district, conducted cordon and
48
search operations and arbitrarily and indefinitely detained 19 Hindu-
Christian North-East Sri Lankan Tamil civilians.
 “We also have serious doubts that the government will honor its
pledge to allow the vast majority of internally displaced persons to
return to their homes by the end of the year, or to resettle in other
areas of their choosing. Long-term displacement of civilians has been
a major problem throughout the 25-year-long civil conflict in Sri
Lanka. Besides the thousands who have remained refugees abroad,
many internally displaced persons have simply not been permitted to
return home or resettle; for instance, many Muslims forced to flee
their homes to escape fighting in 1990 remain in “welfare centers” to
this very day.” Brad Adams, “Letter to IMF on Sri Lanka’s
Emergency Support Loan Request,” Human Rights Watch, March 23,
2009, available at http://www.hrw.org/en/news/2009/03/23/letterinternational-
monetary-fund-imf-sri-lankas-emergency-support-loanrequest
(last visited March 27, 2009).
 “Unfortunately, the government’s current policies and practices are
counterproductive to the intended goal of the IMF loan. First, the
government’s continuing disregard for the rights and well-being of
civilians in the Vanni, who are almost entirely ethnic Tamil, erodes
the trust of the Tamil population generally, making post-conflict
stability and a lasting political settlement less likely. Manifestations
of this disregard can be found in the government’s preventing
humanitarian access to the Vanni, continuing indiscriminate shelling
of civilians trapped by the LTTE, and the indefinite detention
civilians in camps.” Id.
 “The Sri Lankan government is conducting a cynical campaign to
prevent all independent public coverage of its military operations and
the plight of civilians caught up in the war. While decrying LTTE
abuses, it has kept out the media and human rights organizations
that could report on them – and on government abuses. It has kept
displaced persons locked up in camps and hospitals. It has traded the
well-being of tens of thousands of Sri Lankan citizens for evading
international scrutiny. It has been trying its best to bury the abuses.”
Dr. Anna Neistat, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009),
 “The government has arbitrarily detained people during screening
procedures; subjected all internally displaced persons, including
entire families, to indefinite confinement in military-controlled
camps; and failed to provide adequate medical and other assistance
to displaced persons. The government has directly restricted the
efforts of relief agencies seeking to meet emergency needs, and has
deterred agencies from offering greater support through policies that
the agencies rightly perceive as unlawful.” Id, 9.
 “…dozens of individuals, perhaps many more, have been detained
during the screening process. The fate of such detainees remains
unknown, raising fears of possible enforced disappearances and
extrajudicial killings.” Id, 10.
 “Upon arrival in Vavuniya, all displaced persons, without exception,
are subjected to indefinite confinement in de facto internment camps,
which the government calls transit sites, “welfare centers,” or
“welfare villages.”” Id, 11.
 “The Sri Lankan government’s past record with regard to the
resettlement of persons displaced by armed conflict does not give
cause for optimism that resettlement will happen quickly. On the
contrary, it gives reason to be concerned that the government will
end up interning those placed there indefinitely.” Id, 13.
 “Tamil civilians who managed to flee the conflict area have been
forced into camps by the Government.” Ambassador Jeffrey
Lunstead, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009).
 “While the government has an obligation to protect internally
displaced persons (IDPs), it cannot do so at the expense of their
lawful rights to liberty and freedom of movement, Human Rights
Watch said. The security rationale is also undermined by the
government’s practice in the last two months of also detaining at the
Kalimoddai center at least 10 refugees who have returned from
India. The Sri Lankan army has publicly indicated that Kalimoddai
is just the first of more proposed sites in Vavuniya district to detain
50
persons fleeing fighting in the LTTE-held Vanni.” Human Rights
Watch, “Sri Lanka: End Internment of Displaced Persons –
Government Illegally Holding Civilians Fleeing Fighting in the
North,” July 1, 2008, available at
http://www.hrw.org/en/news/2008/07/01/sri-lanka-end-internmentdisplaced-
persons (last visited March 28, 2009).
 “On May 10 and 11, local authorities conducted a survey in
Kalimoddai camp to assess the wishes of displaced persons on their
preferred place of residence. Out of the then camp population of 257,
only five families indicated a wish to remain in Kalimoddai. The
large majority indicated that they wished to leave and had
alternative places to stay, including with nearby host families. To
date, unconfirmed information indicates only 28 people have been
released.” Id.
 The UN Guiding Principles on Internal Displacement, an
authoritative framework for the protection of IDPs, provides that,
consistent with the right to liberty, internally displaced persons
“shall not be interned in or confined to a camp.” The principles
recognize that “exceptional circumstances” may permit confinement
only for so long as it is “absolutely necessary,” but the Sri Lankan
government has not demonstrated that such circumstances exist.” Id.
 “The [Representative of the United Nations Secretary-General for the
human rights of internally displaced persons] also raised the
situation of civilians who have crossed from the Vanni into cleared
areas and are now being held in camps at Kalimoddai and
Sirukandal…Internally displaced persons, who are civilians and who
retain their right to freedom of movement, must not be detained in
camps.” United Nations Office at Geneva, “UN Expert Calls on
Parties to the Sri Lankan Conflict to Better Protect the Displaced,”
December 23, 2008, available at
http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/EC6
032097D104441C1257528004DE072? Open Document (last visited
March 28, 2009). 18 Arbitrary arrests and national identity cards and limits of freedom of
movement.

18.1 “Internally displaced persons who escape LTTE territory to what
they hope is safety within government-controlled areas have been placed in “welfare centers” that are effectively detention camps. All internally displaced persons who cross to the government side,
including entire families, are sent to internment centers, which are
military-controlled, barbed-wire camps where there are no rights to
liberty and freedom of movement. Humanitarian agencies have
tenuous access, but do so at the risk of supporting a long-term
detention program for civilians fleeing a war.” Brad Adams, “Letter
to IMF on Sri Lanka’s Emergency Support Loan Request,” Human
Rights Watch, March 23, 2009, available at
http://www.hrw.org/en/news/2009/03/23/letter-internationalmonetary-
fund-imf-sri-lankas-emergency-support-loan-request (last
visited March 27, 2009).
18.2 “The Sri Lankan government is conducting a cynical campaign to prevent all independent public coverage of its military operations and the plight of civilians caught up in the war. While decrying LTTE abuses, it has kept out the media and human rights
organizations that could report on them – and on government
abuses. It has kept displaced persons locked up in camps and
hospitals. It has traded the well-being of tens of thousands of Sri
Lankan citizens for evading international scrutiny. It has been
trying its best to bury the abuses.” Dr. Anna Neistat, Testimony
before the Senate Foreign Relations Subcommittee on the Middle
East and South Asia, February 24, 2009, available at http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009), 1.

18.3 “Tamils have a real, and legitimate, fear that those taken off by
Government forces will be abused and may never be seen again.”
Ambassador Jeffrey Lunstead, Testimony before the Senate Foreign
Relations Subcommittee on the Middle East and South Asia,
February 24, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf (last visited March 28, 2009).

18.4 “The Sri Lankan government should end the arbitrary detention of more than 400 civilians displaced by recent fighting at a newly established camp in northern Sri Lanka, Human Rights Watch said 52 today.” Human Rights Watch, “Sri Lanka: End Internment of
Displaced Persons – Government Illegally Holding Civilians Fleeing
Fighting in the North,” July 1, 2008, available at
http://www.hrw.org/en/news/2008/07/01/sri-lanka-end-internmentdisplaced-
persons (last visited March 28, 2009).

18.5 “Since March 2008, the government of Sri Lanka has detained
civilians fleeing areas controlled by the rebel Liberation Tigers of
Tamil Eelam (LTTE) at a so-called welfare center in Kalimoddai,
Mannar district. The Sri Lankan armed forces have imposed severe
restrictions on freedom of movement, instituting a daily pass system that limits to 30 the number of people who can leave the camp each day, and only if a family member remains behind to guarantee the detainees return in the evening. No court has authorized their detention and no charges have been filed against any of the camp’s
occupants, in violation of international human rights law.” Id.

18.6 “On May 10 and 11, local authorities conducted a survey in
Kalimoddai camp to assess the wishes of displaced persons on their preferred place of residence. Out of the then camp population of 257, only five families indicated a wish to remain in Kalimoddai. The large majority indicated that they wished to leave and had alternative places to stay, including with nearby host families. To date, unconfirmed information indicates only 28 people have been released.” Id.

18.7 “The UN Guiding Principles on Internal Displacement, an
authoritative framework for the protection of IDPs, provides that,
consistent with the right to liberty, internally displaced persons
“shall not be interned in or confined to a camp.” The principles
recognize that “exceptional circumstances” may permit confinement only for so long as it is “absolutely necessary,” but the Sri Lankan
government has not demonstrated that such circumstances exist.”Id.

18.8 “In addition to concerns about those who fled to governmentcontrolled
areas, many of the displaced who remain in LTTE areas
are in need of humanitarian assistance. The Sri Lankan government
has severely restricted humanitarian access to LTTE-controlled
areas, leaving an estimated 107,000 displaced persons with
inadequate relief, including water and sanitation facilities.
Meanwhile, the LTTE continues to prevent civilians from leaving
areas under its control, thereby impeding their ability to seek safety
in other parts of the country.” Id.

18.9 “The [Representative of the United Nations Secretary-General for the
human rights of internally displaced persons] also raised the
situation of civilians who have crossed from the Vanni into cleared
areas and are now being held in camps at Kalimoddai and
Sirukandal…Internally displaced persons, who are civilians and who
retain their right to freedom of movement, must not be detained incamps.” United Nations Office at Geneva, “UN Expert Calls on
Parties to the Sri Lankan Conflict to Better Protect the Displaced,”
December 23, 2008, available at
http://www.unog.ch/80256EDD006B9C2E/(httpNewsByYear_en)/EC6
032097D104441C1257528004DE072?OpenDocument (last visited
March 28, 2009).
19 Starvation and denial of medical care.
 As relevant to Paragraph 14.1, as a direct consequence of the de facto
or de jure blockade enforced during all times relevant to this blocking of medical supplies and doctors between January 1, 2009 and January 13, 2009, the major district hospitals of Maangkulam,
Mallavi, Poonakari, Akkarayan, and Kilinochchi were crippled in
their capacity to treat injured or severely injured Hindu-Christian
North-East Sri Lankan Tamil civilians caused by the heavy,
continuous, and indiscriminate artillery shelling or Multi-Barrel
Rocket Launcher shelling and aerial bombardments. The injured
were impeded in access to the hospitals because of the shelling and aerial bombardments. Their purpose was to create conditions of life intended to physically destroy in whole or in substantial part the Hindu-Christian North-East Sri Lankan Tamil group, as such.
 As relevant to Paragraph

14.7, the severe shortage of medical supplies and doctors in the area, and the heavy, continuous, and
indiscriminate artillery shelling or Multi-Barrel Rocket Launcher
shelling and aerial bombardments which would block or otherwise
impede transport of the injured civilians to hospitals, as in the case
between January 19, 2009 and January 20, 2009, created conditions
of life intended to physically destroy in whole or in substantial part
the Hindu-Christian North-East Sri Lankan Tamil group, as such.
 As relevant to the more than 1000 seriously injured Hindu-Christian North-East Sri Lankan Tamils referred to in Paragraph 14.24, the
Government of Sri Lanka created severe shortage of medical supplies
and doctors in the area, which, in combination with the heavy,
continuous, and indiscriminate artillery shelling or Multi-Barrel
Rocket Launcher shelling or aerial bombardments created conditions
of life intended to physically destroy in whole or in substantial part
the Hindu-Christian North-East Sri Lankan Tamil group, as such.

 As relevant to the more than 1000 seriously injured Hindu-Christian
North-East Sri Lankan Tamils referred to Paragraph 14.24, the
Government of Sri Lanka did not send or attempt to send medical
teams or supplies the area as requested by the hospitals in the area
to treat the seriously injured after the attack.
 By February 11, 2009, due to severe food shortages threatening starvation, Jaffna Government Agent (GA) made an urgent appeal Tuesday to local and international non-government organizations in Jaffna to provide food to the 2400 Hindu-Christian North-East Sri Lankan Tamil civilian detainees held in three Sri Lanka Army camps
in Kurunakar, Koaappay, and Mirusuvil.
 On February 14, 2009, Tamil journalist Puniyamoorthy
Sathiyamoorthy sustained serious injuries inflicted by a systematic,
continuous, and indiscriminate artillery shell or Multi-Barrel Rocket
Launcher shell attack by Sri Lankan military personnel or
government-sponsored paramilitaries on ethnically homogeneous,
densely populated, Hindu-Christian North-East Sri Lankan Tamil
areas inside and surrounding the Safe Area, and later died due to
lack of access to medical care.
 By March 3, 2009, 5 Hindu-Christian North-East Sri Lankan Tamil
civilians in the areas of Mullaitheevu district had died due to
starvation. Names of the dead are:
 S. Jeyanthini, 17 (female)
 Ponniah Tharmalingam, 65 (male)
 Ponnuchamy Ratneswary, 65 (female)
 Santhanam Visaludchumy, 72 (female)
 Arumugam Irasiah, 66 (male)
 Between February 28, 2009 and March 5, 2009, 13 Tamil civilians
including one child died of diarrhea inside the Safe Area due to lack
of access to medicines or medical care.
 “We have also raised concerns regarding the treatment of internally
displaced persons, which has direct relevance to the post-conflict
resettlement for which the government is seeking funding. The plight
of internally displaced persons has been exacerbated by the Sri
Lankan government’s decision in September 2008 to order most
humanitarian agencies out of the Vanni.” Brad Adams, “Letter to
IMF on Sri Lanka’s Emergency Support Loan Request,” Human
Rights Watch, March 23, 2009, available at
http://www.hrw.org/en/news/2009/03/23/letter-internationalmonetary-
fund-imf-sri-lankas-emergency-support-loan-request (last
visited March 27, 2009).
 “Unfortunately, the government’s current policies and practices are
counterproductive to the intended goal of the IMF loan. First, the
government’s continuing disregard for the rights and well-being of
civilians in the Vanni, who are almost entirely ethnic Tamil, erodes
the trust of the Tamil population generally, making post-conflict
stability and a lasting political settlement less likely. Manifestations
of this disregard can be found in the government’s preventing
humanitarian access to the Vanni, continuing indiscriminate shelling
of civilians trapped by the LTTE, and the indefinite detention
civilians in camps.” Id.
 “As the combat area reduces the daily average shows an increase in
the number of people killed (from 33 to 63) and a slight decrease in
the number of injured (from 184 to 145). This is due to increased
density, the use of heavy weapons which continue to strike the NFZ,
and inadequate medical treatment.” United Nations Office of the
Resident Coordinator and Humanitarian Coordinator, “Civilian
Casualties in the Vanni,” United Nations, March 2009.
 “After several weeks of reports of food shortages, it’s highly predicted
that mortality could set in as a significant number of the IDP
population is reportedly weakened and the likelihood of malnutrition
across the same population group could translate into a rapid
increase of nutritional and health deterioration. A recent report from
Mullaitivu also stressed the seriousness of the food situation in
Mullaitivu that people’s nutritional condition shows significant
deterioration.” United Nations Office of the Resident Coordinator and
Humanitarian Coordinator, “Food Delivery to IDPs in the Vanni,”
March 2009.
 “There is very limited food – and reports and severe malnutrition –
and key medical supplies, such as sutures, painkillers and antibiotics
for treating victims, are virtually unavailable, even in the one
makeshift medical facility” Office of the High Commissioner for
Human Rights, “Press Release: Serious violations of international
law committed in Sri Lanka conflict: UN human rights chief,” March
13, 2009, available at
http://www.unhchr.ch/huricane/huricane.nsf/0/FFDE961C9D0236C5
C1257578004B8E4B?opendocument (last visited March 28, 2009).
56
 “Yet, the Sri Lankan government has acted no more responsibly. Not
only does it refuse to grant humanitarian aid workers access to the
conflict zone, there are reports that it also shells civilians and
hospitals in the so-called “safe zone” for Tamil citizens. Descriptions
of government camps for civilians fortunate enough to leave the
conflict zone reminded us of detention centers, rather than safe
havens for refugees.” Senator Robert P. Casey, Jr., “Casey Expresses
Alarm Over Humanitarian Crisis in Sri Lanka: Takes Lead in Senate
Letter to Secretary Clinton,” Robert P. Casey, Jr. United States
Senator for Pennsylvania, March 11, 2009, available at
http://casey.senate.gov/newsroom/press/release/?id=df2c7709-389a-
4320-bb33-d244f065f1a9 (last visited March 28, 2009).
 “The Secretary urged the President to give international
humanitarian relief organizations full access to the conflict area and
displaced persons camps, including screening centers.” Gordon
Duguid, Bureau of Public Affairs, “Humanitarian Situation in Sri
Lanka,” U.S. Department of State, March 13, 2009, available at
http://www.state.gov/r/pa/prs/ps/2009/03/120341.htm
 “The plight of civilians in Vanni has been exacerbated by the
government’s decision in September 2008 to order most
humanitarian agencies out of the region. The government’s own
efforts to bring in assistance with a minimal UN role have been
insufficient. Fighting, lack of oversight, and the manipulation of the
delivery of aid by government forces and the LTTE have all
contributed to the continuing humanitarian crisis. Scarce
information that comes out of Vanni through phone calls or text
messages suggests that the situation gets worse by day, with
civilians lacking water, food, medical supplies and other necessities.”

Dr. Anna Neistat, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009), 8.
 “The government has arbitrarily detained people during screening
procedures; subjected all internally displaced persons, including
entire families, to indefinite confinement in military-controlled
camps; and failed to provide adequate medical and other assistance
to displaced persons. The government has directly restricted the
efforts of relief agencies seeking to meet emergency needs, and has
deterred agencies from offering greater support through policies that
the agencies rightly perceive as unlawful.” Id, 9.
 “Both the LTTE and the Government have shown a callous disregard
for civilians. There is a desperate need for food and medical care.
Both sides have fired into civilian areas.” Ambassador Jeffrey
Lunstead, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009).
 “In addition to concerns about those who fled to governmentcontrolled
areas, many of the displaced who remain in LTTE areas
are in need of humanitarian assistance. The Sri Lankan government
has severely restricted humanitarian access to LTTE-controlled
areas, leaving an estimated 107,000 displaced persons with
inadequate relief, including water and sanitation facilities.
Meanwhile, the LTTE continues to prevent civilians from leaving
areas under its control, thereby impeding their ability to seek safety
in other parts of the country.” Human Rights Watch, “Sri Lanka: End
Internment of Displaced Persons – Government Illegally Holding
Civilians Fleeing Fighting in the North,” July 1, 2008, available at
http://www.hrw.org/en/news/2008/07/01/sri-lanka-end-internmentdisplaced-
persons (last visited March 28, 2009).
 “More than 150,000 people are being shelled daily and are running short of water and medicine in a Sri Lankan-government declared “No Fire Zone”, according to witness reports and United Nations briefing documents obtained by the Guardian.” Randeep Ramesh, “Sri Lankans face humanitarian crisis trapped in ‘no fire zone’, warns UN,” The Guardian Newspaper, March 23, 2009.
 “The government-ordered withdrawal of all United Nations and international humanitarian staff in September 2008 (detailed below) has had a severe impact on the humanitarian situation in the Vanni.”

Human Rights Watch, “Besieged, Displaced, and Detained: IV.
Humanitarian Needs in the Vanni and the Forced Departure of the
United Nations and Humanitarian Agencies,” December 23, 2008,
available at http://www.hrw.org/en/node/78844/section/7 (last visited
March 28, 2009)

 “The government of Sri Lanka has repeatedly asserted that the
humanitarian needs of the population in the Vanni are being met,
claiming that its own efforts are filling the gap left by the
humanitarian departure…However, these government statements
have not been backed up by convincing statistics that show the level
of assistance provided by the government, nor are the distribution
mechanisms explained. Most significantly, the rosy picture the
government seeks to paint of the humanitarian situation in the
Vanni is directly contradicted by the reports of their government
officials on the ground and by the assessments of the United Nations
and humanitarian organizations, as discussed below.” Id.
20 Denial of free speech and press.
 On or about November 14, 2005 around 11:30 p.m., Sri Lankan
military personnel or government-sponsored paramilitaries launched
a grenade attack on the residence of ITN television correspondent
and Tamil-medium Thinakaran newspaper employee, I.H. A. Wahab,
in the areas of Akkareipattu in Amparai district.
 On or about December 16, 2005 around 6:30 a.m. in the areas of
Navalar road in Jaffna district, Sri Lankan military personnel
cordoned the offices of Tamil-medium newspaper Namathu
Eelannadu and interrogated and intimidated several Tamil
employees.
 On or about December 18, 2005 around 11:30 p.m., Sri Lankan police
in the areas of Kirulapana, arrested, detained for 12 hours,
interrogated, and then released senior Tamil journalist B.
Parththipan of Tamil-medium newspaper Thinakural.
 On or about December 22, 2005, Sri Lankan military personnel or government-sponsored paramilitaries murdered by gunfire Tamilmedium
Yal Thinakkural newspaper delivery employee.
 On or about November 14, 2005 around 11:30 p.m., Sri Lankan
military personnel or government-sponsored paramilitaries launched
a grenade attack on the residence of ITN television correspondent
and Tamil-medium Thinakaran newspaper employee, I.H. A. Wahab,
in the areas of Akkareipattu in Amparai district.
 On or about December 16, 2005 around 6:30 a.m. in the areas of
Navalar road in Jaffna district, Sri Lankan military personnel
cordoned the offices of Tamil-medium newspaper Namathu
Eelannadu and interrogated and intimidated several Tamil
employees.
 On or about December 18, 2005 around 11:30 p.m., Sri Lankan police
in the areas of Kirulapana, arrested, detained for 12 hours,
interrogated, and then released senior Tamil journalist B.
Parththipan of Tamil-medium newspaper Thinakural.
 On or about December 22, 2005, Sri Lankan military personnel or government-sponsored paramilitaries murdered by gunfire Tamilmedium Yal Thinakkural newspaper delivery employee.  On or about June 16, 2006 in the areas of Mannar district, after the Sri Lankan Armed Forces through allegedly retaliatory attacks had murdered by gunfire 7 Tamils, severely injured 40 Tamils, burned more than 100 fishing huts, and damaged more than 40 fishing boats, Sri Lankan military personnel denied an investigative journalism team from the British Broadcasting Corporation (BBC) access to the area, including Andrew Harding (Correspondent),
Chang Chun Yuen (Cameraman), Shelley Thakral (Producer),
Dushiyanthini Kanagasabapathipillai (Producer), Rajeew Bernard
(Producer), and Dumeetha Luthra (Correspondent).
 On or about June 23, 2006 around 10:00 a.m. in the areas of
Moratuwa near a sentry point on Galle road, Sri Lankan police
arrested, detained for 10 hours in Mt. Lavania police station,
interrogated, and then released Tamil-medium Uthayan newspaper
editor K.Kumarathas.
 On or about July 2, 2006 in the areas of Dehiwala, Colombo district,
near his residence, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries murdered by
60
gunfire defense correspondent and journalist Sampath Lakmal de
Silva, an employee of several Sri Lankan television channels, a
freelance journalist for the weekly publication Sathdina, and who
wrote for the following newspaper publications: Irudina, Lakbima,
Sathdina, TNL.
 On August 8, 2006, the Deputy Inspector of Police of Trincomalee
district physically threatened with assault media personnel waiting
in areas at or near Trincomalee hospital to cover the postmortem
inquiry of the 15 NGO workers of Action Contre La Faim (ACF)
killed in Muttur, otherwise known as the ACF-17 massacre.
 On August 16, 2006 around 11:00 a.m., Sri Lankan military
personnel murdered by gunfire Tamil-medium Uthuyan newspaper
delivery employee Sathasivam Baskaran in the areas of Puthur
junction near Atchchuveli in Jaffna district.
 On the night of August 18, 2006, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries burned
down and completely damaged 2 warehouses of Tamil-medium
Uthayan newspaper.
 On the night of August 20, 2006, Sri Lankan military personnel or
government-sponsored paramilitaries murdered by gunfire managing
director of the Tamil-language newspaper Namathu Eelanadu,
Sinnathamby Sivamaharajah, at his residence in Tellippalai, Jaffna
district.
 By about August 29, 2006 around 4:30 a.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted in the areas of Pinthali Road in Dehiwale in COlombo
district, and then disappeared Nadarajah Kuruparan, News Manager
of Sooriyan FM Radio broadcast from Colombo and the program
leader of a popular weekly program, Viluthukal, in Sooriyan FM.
 On September 1, 2006 around 7:30 a.m., 6 Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
arriving in a white van abducted, blindfolded, and disappeared
Thavarajah Thavamni, niece of Colombo district UNP MP
T.Maheswaran, 300 meters away from her residence on Vivekananda
Road in Wellawatta, Colombo district.
 On October 23, 2006 around 3:50 a.m., 15 government-sponsored
paramilitary Karanu Group cadres stopped a bus and van
transporting from Colombo to Batticaloa and Amparai the Tamilmedium
daily newspapers, the Virakesari and Metro News, and set
fire to the newspapers in a compound opposite the Kiran Regional
Secretariat.
 On November 6, 2006, the army commander of the Sri Lankan
Army’s 512 Brigade in Jaffna district summoned editors of the Tamilmedium
newspapers, the Uthayan, the Walampuri, and the Yal
Thinankkural, and warned them against publishing content related
news critical of the Sri Lankan military in the Jaffna peninsula.
 On November 24, 2006, Sri Lankan police arbitrarily arrested and
detained freelance journalist, Parameswaree, who at the time, wrote for Sinhala-medium weekly newspaper, Mawbima.
 On November 28, 2006, Sri Lankan police in the areas of
Maharagama assaulted and arrested English-medium Sunday
Leader photographer Ashoka Fernando, and released him the
following day.
 On or about February 6, 2007 around 9:30 p.m., 5-7 Sri Lankan
police or Sri Lankan military personnel or government-sponsored
paramilitaries abducted former journalist of Sinhala-medium Hiru
newspaper, Lalith Senavirathna, in the areas of Aturugiriya.
 On or about February 15, 2007, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries abducted
and disappeared Subramaniam Ramachandran, a correspondent for
Tamil-medium daily newspapers, Thinakural and Valampuri.
 On or about February 26, 2007 around 10:00 p.m., ordered by
Defense Secretary Gotabaya Rajapaksa, Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
arrested Dushyantha Basnayake, a Director of Standard Newspapers
(Pvt.) Limited, and the Publisher of ‘Maubima’ and ‘Sunday
Standard’ newspapers.
 By March 23, 2007, following a Sri Lankan police chief’s recent
admission that the security forces have been involved in abductions,

a Paris-based media watchdog, Reporters Without Borders, on this
date in a statement said it affirmed that the Sri Lankan military had
participated in the arrest of journalist Subramaniam Ramachandran
on February 15, 2007 in the Jaffna district.
 On or about April 29, 2007 around 10:00 a.m., Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries murdered by gunfire Tamil-medium Uthayan
journalist, Selvarajah Rajivarman, in the areas of Naavalar Road
near Rasaavin Thoaddam junction in the areas of Jaffna town in
Jaffna district.
 On or about June 14, 2007, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries assaulted Tamil
female journalist Mounasamy Parameswary in the areas of Borella
and forcibly took her passport and National Identity Card (NIC).
 On or about June 27, 2007, Sri Lankan Air Force personnel harassed
Tamil-medium Thinakuraldefense correspondent, K. P. Mohan, at a
security check point in the areas of Colombo district.

 On or about August 1, 2007 around 4:00 a.m., Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries on motorcycle murdered by gunfire journalist and
student of Jaffna Media Resource Training Center (MRTC),
Sahathevan Nilakshan.

 On August 15, 2007, following the publication on August 12, 2007 of
his column in the English-medium Sunday Times newspaper, the
Situation Report, the Sri Lankan Defense Ministry withdrew the
personal security detail of senior defense analyst and correspondent,
Iqbal Athas. The personal security detail had been provided for Iqbal
Athas by the Sri Lankan government since February 1998.

 On August 15, 2007 around 1:30 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
attacked Tamil-medium Thinakkural journalist K. P. Mohan with
acid.

 On September 7, 2007 around 2:30 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
in a white van attempted to ambush Sinhala-medium Mawbima
newspaper journalist Munusami Paramshwari in the areas of
Nawala and Borella.

 On September 15, 2007, Sri Lankan police summoned and
interrogated Indika Sakalasooryia, a journalist for English-medium
Colombo-based newspaper The Nation, regarding a recently
published story concerning the son of a senior ruling party official.

 On November 21, 2007 in the areas of Katukurunduwatta Road,
Rathmalana, Sri Lankan police or Sri Lankan military personnel or
government-sponsored paramilitaries burned down and completely
destroyed the printing press of the Leader Publications, which
publishes the following weekly or mid-weekly newspapers: English-
Medium The Sunday Leader, English-medium Morning Leader, and
Sinhala-medium Irudina.

 On November 27, 2007 around 4:30 p.m., the Sri Lanka Air Force
(SLAF) bombed the civilian media broadcast station, the Voice of
Tigers (VoT), located at 55th Mile Post, 3.5 km south of Ki’linochchi.
The air strike destroyed the broadcast station, killed 5 editorial staff
workers, and killed 4 civilians including a 14-year old girl.

 On January 2, 2008, in an interview given to state-sponsored
Sinhala-medium daily newspaper, Dinamina, Sri Lankan Armed
Forces Lt. General Sarath Fonseka named sections of the media and
journalists, traitors.

 On January 27, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries severely injured
by knife TV journalist Lal Hemantha Athula Mawalage, in the areas
of Shanthalokagama, Annasiwatte. The attack followed Lal
Hemantha Athula Mawalage criticism of Minister of Parliament
(MP) Mervyn Silva’s recent intrusion and abuse of a colleague at the
national television network Rupavahini.

 On or about January 29, 2008, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries in the
areas of Colombo, forcibly entered the home of, and hacked to death
Suhaib M. Kasim, the Associate Editor of the Sri Lankan stateowned
Tamil-medium newspaper Thinakaran.

 On March 8, 2008, Sri Lankan police or Sri Lankan military
personnel arrested, detained, harassed, intimidated, interrogated,
and assaulted Tamiljournalist J.S. Tissanayagam.

 On March 14, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries beat, assaulted,
and severely injured with an iron rod Rupavahini employee
Anurasiri Hettige

.
 On March 14, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries forcefully entered
the home of, harassed, intimidated, and assaulted the Tamil father
and Tamil sister of Tamil journalist Munusami Parameshwari.

 On or about April 16, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries murdered by
gunfire Subash Chandraboas , editor of the Tamil-medium monthly
publication, Nilam, at his residence in Vavuniya district. The murder
of Subash Chandraboas followed reports of death threats issued to
him by Defense Secretary Gotabaya Rajapaksa.

 On or about May 20, 2008, government-sponsored paramilitaries or
armed individuals in support of Minister of Parliament (MP) Mervyn
Silva, attacked a Sirisa TV crew in the areas of Kiribathgoda Police
division.

 On or about May 23, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries abducted, beat,
assaulted, and severely injured Keith Noyahr, the Deputy Editor and
Defense analyst of the English weekly The Nation.

 On or about May 28, 2009 around or by 4:00 p.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries abducted in the areas of Vaddukkoaddai, and hacked
to death in the areas of Kaakaitheevu, Jaffna correspondent of
Sakthi TV station, Paranirupasingam Thevakumar.

 On or about June 22, 2008 around 8:45 a.m., 5 Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries in a white van abducted and disappeared
Thiruchelvam Thirukumaran, a former Tamil journalist of Tamilmedium
daily newspaper Thinakkural.

 On or about June 30, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries in a white van
assaulted and severely injured defence journalist and Course
Coordinator of the Sri Lanka Press Institute, Namal Perera, as well
as local official staff of Mahendra Ratnaweera British High
Commission, in the areas of Narahenpita in Colombo district.

 On or about August 15, 2008, a government-sponsored Karuna Group
Thamil Makkal Viduthulai Pullikal (TMVP) member threatened
Sandeshaya-BBC Sinhala Service journalist Thakshila Jayasena
when she was covering a political protest campaign held by the
United National Party (UNP).

 On or about September 9, 2008 around 8:00 p.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries severely injured by gunfire Batticaloa-based freelance
Tamil journalist Radhika Devakumar inside her residence in the
areas of Kaladi in Batticaloa district. Radhika Devakumar was at the
time, a freelance journalist and the Batticaloa correspondent for
Shakthi FM, Veerakesari, and Inter News Agency before she was
appointed as the Media Coordinator of Eastern Chief Minister
Shivanesathurai Chandrakanthan.

 On or about November 28, 2008, Sri Lankan police in the areas of
Eravur in Batticaloa district, beat and assaulted with batons
journalist Mohamed Hussein, Kalmunei media house run by Inter
News, for covering the dawn to dusk curfew imposed in Batticaloa

.
 On or about January 6, 2008 around 2:30 a.m., 15-20 Sri Lankan
police or Sri Lankan military personnel or government-sponsored
paramilitaries attacked with hand grenades, set on fire, and
otherwise damaged the MTV/MBC (Sirasa) studio complex at
Depanama Pannipitiya.

 On January 8, 2009 around 10:30 a.m., 4 Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
assaulted with an iron rod and murdered by gunfire editor in chief of the Sunday Leader, Lasantha Wickremetunge, in the areas of
Dehiwale in Colombo district.
 On or about January 22, 2009, Sri Lankan police or Sri Lankan military personnel or government-sponsored paramilitaries assaulted with iron rods and injured Rivira newspaper editor, Upali Tennakoon, in the areas of Ihala Imbulgoda in Kadawatha.

 On or about February 12, 2009, Sri Lankan military personnel or government-sponsored paramilitaries systematically and indiscriminately fired artillery shells or Multi-Barrel Rocket Launcher shells and aerially bombarded, or systematically murdered by gunfire, 213 Hindu-Christian North-East Sri Lankan Tamil
civilians in the ethnically homogeneous, densely populated, Hindu-
Christian North- East Sri Lankan Tamil areas inside the Safe Area,
including Theavipuram, severely injuring, and due to lack of
medicines ultimately killing, Tamil journalist Puniyamoorthy
Sathiyamoorthy.
 On or about February 26, 2009 around 9:45 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries in 3 white vans arbitrarily abducted and indefinitely
detained Nadesapillai Vithyatharan, a prominent editor of Jaffnabased
Tamil-medium Uthayan daily newspaper and Colombo-based
Tamil-medium newspaper Sudaroli. Nadesapillai Vithyatharan was
abducted in the areas of Mahinda Parlour in Galkissa (Mount
Lavinia) on Galle Road. On or about February 20, 2009, the
Terrorism Investigation Department (TID) had questioned
Nadesapillai Vithyatharan for 6-hours on the recent content and
editorial policies of his papers on Sri Lanka Army (SLA) attacks on
Tamil civilians in Vanni Region. The abduction was in retaliation for
the journalist’s exercise of free speech and press. Sri Lankan
military personnel or government-sponsored paramilitaries beat
Nadesapillai Vithyatharan inside the white van, and since February
26, 2009, Nadespillai Vithyatharan remains in detention in the
Crime Division of the Sri Lankan Police in Demattagoda

 The following transcript is from a February 2, 2009 report and interview with Sri Lankan Secretary of Defense Gotabaya Rajapaksaaired on SKY News:
“[Alex Crawford reporting]…the government has warned foreign
broadcasters against using them [videos from TamilNet showing
civilians being shelled in camps].”
“[Interview: Gotabaya Rajapaksa] We have take certain measures for them not to send them out of the country. That had happened
previously. That had happened in other countries. It’s not a new
thing. If you are a threat to the national security, than of course the government has to take action.”
“And do you think broadcasting the TamilNet footage is a threat to
national security.”
“Of course, because that’s wrong.”
lex Crawford, “Sri Lanka: 12 Killed At Hospital,” SKY News,
available at http://news.sky.com/skynews/Home/video/Sri-Lanka-12-
Killed-In-Artillery-Fire-Report-From-Tamil-Tiger-Stronghold-Jaffna-
And-Capital-
Colombo/Video/200902115215509?lpos=World%2BNews_2&lid=VIDE
O_1785202_Fighting%2BIn%2BSri%2BLanka&videoCategory=World
%2BNews (last visited March 29, 2009).

 On or about March 25, 2009 around 11:00 p.m., Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries launched a grenade attack on the headquarters of the
Tamil-medium newspaper Uthayan in the northern city of Jaffna in
the Jaffna district, seriously damaging the headquarters.

 In reference to Paragraph [20.57] Reporters Without Borders (RF), a
Paris-based media watchdog inferred that the government attack
may have been a response to Uthuyan’s editorial policy on conflictrelated
reporting, which had in recent issues of the Uthuyan
newspaper violated informal media censorship policies in the North-
East province enforced by the Sri Lanka Government which suppress
publication of civilian casualties and photos of Tamil children killed
in the Vanni Region by the Sri Lankan Armed Forces’ systematic
artillery shelling and aerial bombardments on ethnically
homogeneous, densely populated, Hindu-Christian North-East Sri
Lankan Tamil areas in all times relevant to this complaint.

 A February 3, 2009 transcript excerpt of an interview between BBC
Christopher Morris and Defense Secretary Gotabaya Rajapaksa
discussing the recent assassination of newspaper editor and
journalist Lasantha Wickremetunge, which aired on the Englandbased
British Broadcasting Corporation:
[Interview: Gotabaya Rajapaksa] “Who is Lasantha Wickremetunge?
He is just another person. There are so many murders in the world.
In the whole world there are murders. Why are you asking me about
Lasantha? Who is Lasantha? He is somebody who was writing for a
tabloid? Who is he? I am not concerned about that. Why are you
people so worried about one man? LTTE killed so many people. Why
aren’t you asking about them? Who is Lasantha? Tell me. What’s
important of him?”
[Interview: Christopher Morris] “People think he was killed for what
he wrote, and I guess for a lot of people that’s important.”
[Interview: Gotabaya Rajapaksa] “What did he write? There are,
there are other people; if you are saying that he was criticizing the
government, he was criticizing all the past presidents, all the past
prime ministers, everybody he was criticizing. So anybody can kill
him. That is the argument that anybody can kill him. Because,
because he was criticizing those people and the present government.
That was his type, it was his tabloid. Now he criticized me, I went
courts. I went to Courts. That is the correct thing to do. Isn’t it the
correct thing to do?”
[Interview: Christopher Morris] “You have obviously seen the
allegations suggestions…Let me just say there are death squads in
the Ministry of Defense, that sort of thing. There are serious
allegations and you’re the secretary of Defense. I want to know what
you say about it.”
[Interview: Gotabaya Rajapaksa] “What about? What? Nobody says it
is the Ministry of Defense. I haven’t seen. But there is no way..Why
should they say ministry of defense? But if they say because he has
criticized me, then I have taken legal action. Why should I harm
anybody else? I have done the correct thing. Similarly in all these
cases they were blaming that the that the red white van was going
round and lifting people.”
[Interview: Christopher Morris] “Abducting them.”
[Interview: Gotabaya Rajapaksa] “Abducting them. But then we
have captured all these people who are doing these things. And there
were two people from the opposition you know parliamentarians’
body guards.”
[Interview: Christopher Morris] “Let me put this to you very frankly.
People seem to be scared of you. Should they be?”
[Interview: Gotabaya Rajapaksa] “What should..I don’t know These
are again, you know, the wrong…propaganda. Only thing I have
done was fighting the terrorism. I have only two groups. That is the
people who wants to fight terrorism, and the terrorists. Two groups.
Either you are a terrorist. Or a a or you are a person fighting the
terrorist.”
[Interview: Christopher Morris] “As George Bush said either you are
with us, or against us.”
[Interview: Gotabaya Rajapaksa] “Exactly. That’s it. Because
remember. For some people when they talk about terrorism its only a
car bomb or a suicide attack., or some action as what happened in
other countries. Remember in Sri Lanka it has gone far beyond that.”
[Interview: Christopher Morris] “Let me ask you one more thing
then. You said you are either with the terrorists, or fighting the
terrorists. Does that mean you think that dissent or criticism during
the time of war is treason?”
[Interview: Gotabaya Rajapaksa] “Yes. Because it is not like
somebody is going and fighting in somebody else’s country. This is
your own country. This is you are fighting with a terrorist group who
are trying to divide this country. Our army is not going into another
country and fighting. We trying…we fighting to save our country, the
sovereignty of our country.”
Christopher Morris, “Sri Lankan government on journalist murder,”
BBC News, February 3, 2009, available at
http://news.bbc.co.uk/2/hi/south_asia/7868080.stm (last visited March
29, 2009).

 A March 15, 2009 transcript excerpt of an interview between
journalist Amos Roberts and Defense Secretary Gotabaya Rajapaksa
(GR) discussing the recent abduction or arrest and subsequent
detention of newspaper editor and journalist Nadesapillai
Vithyatharan, which aired on the Australia-based Special
Broadcasting Services (SBS) Dateline Program:
[Interview: Amos Roberts] “Mentioning the editors name to Gotabaya
Rajapaksa provoked a surprising response…Is Mr. Vidyadaran the
editor of Sudar Oli…”
[Interview: Gotabaya Rajapaksa] “He is involved in the recent air
attacks. I am telling you if you try to give a cover up for that person
you have the blood in your hands. We have definite information on
that, if somebody tells he is arrested because of media that
person also has blood for innocent civilians died in Colombo.”
[Interview: Amos Roberts] “I just heard on my to this interview that
he was arrested this morning.”
[[Interview: Gotabaya Rajapaksa] “Good thing you asked for that. I
am telling you with responsibility that he was a terrorist. He was in
charge of..he is responsible for things co-ordinating air attacks in
Colombo. I will arrest. We have arrested him, and it is the right thing
to do. And we will take legal action against.” Amos Roberts, “Hunting
the Tigers,” SBS: Dateline, March 15, 2009, available at
http://www.sbs.com.au/dateline/story/about/id/600020/n/Hunting-the-
Tigers (last visited March 29, 2009).

 A March 15, 2009 transcript excerpt of an interview between
journalist Amos Roberts and Defense Secretary Gotabaya Rajapaksa
discussing the topic of media freedom in Sri Lanka , which aired on
the Australia-based Special Broadcasting Services (SBS) Dateline
Program:
[Interview: Amos Roberts] “Let me ask you sir, what do you consider
the proper role for a journalist in a time of war? “
[Interview: Gotabaya Rajapaksa] “Do the correct thing. Act
responsibly as a citizen of this country. Look, if you take two words
“media freedom” That is very beautiful Very nice Who can object
that. I love it. The President loves it. We will support it. Free Media.
Take two words. Nice two words. But, remember, when you act, you
have to think of the situation that we are facing. In that situation
when you take media, they have a different role to play. They should
act responsibly. They must take the country first, not this two words,
Free Media.” Id.

 “In addition to the violence and dismal humanitarian situation, we
are also concerned about the state of Sri Lankan democracy. Since
fighting intensified over the past year, President Rajapaksa’s
government has been waging a war against the media. Journalists
have been murdered and imprisoned; their cases have gone
uninvestigated and their perpetrators unpunished.” Senator Robert
P. Casey, Jr., “Casey Expresses Alarm Over Humanitarian Crisis in
Sri Lanka: Takes Lead in Senate Letter to Secretary Clinton,” Robert
P. Casey, Jr. United States Senator for Pennsylvania, March 11,
2009, available at
http://casey.senate.gov/newsroom/press/release/?id=df2c7709-389a-
4320-bb33-d244f065f1a9 (last visited March 28, 2009).

 “Finally, we urge you to instruct our Embassy in Colombo to explore
the possibility of providing temporary refuge to Sri Lankan
journalists who legitimately fear for their safety and well-being and
to encourage other government to take similar measures.” Id.
 “The second long-term issue is wider than the ethnic conflict. It is the
growing assault on dissent, which takes place in a culture of
complete impunity…The recent murder of prominent newspaper
editor Lasantha Wickematunga was but the latest in a series of
incidents. Tamils and Sinhalese suffer alike from these attacks on
basic freedoms. Many Tamils have been abducted and have simply
disappeared, as documented in the State Department’s Human
Rights Report. It is sad to say, but it is almost a certainty that these
attacks have been carried out by elements of the Government.
Impunity seems total. No one has been prosecuted for any of these
incidents, and no member of the security forces has been prosecuted
for any abuses.” Ambassador Jeffrey Lunstead, Testimony before the
Senate Foreign Relations Subcommittee on the Middle East and
South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009).

 “It is for all of these reasons that we are now so upset by
developments in Sri Lanka, the most recent of which was the murder
of Sunday Leader editor Lasantha Wickrematunga. We fear that,
even as Sri Lanka is enjoying military progress against the LTTE,
the foundations of democracy in the country are under assault. The
killing of Mr. Wickrematunga has prompted this letter, but there
have been many previous incidents in which the rights of individuals
and the media have been violated.” Ambassador Marion Creekmore,
Ambassador Teresita Schaffer, Ambassador A. Peter Burleigh,
Ambassador Shaun Donnelly, Ambassador Ashley Wills, Ambassador
Jeffrey Lunstead, Letter to President Mahinda Rajapaksa, January
19, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009)
 “Some have suggested that these events have been carried out not by
elements of the Government, but by other forces hoping to embarrass
the Government. We do not find such arguments credible.” Id.
 “I went to Colombo because Sri Lankan journalists are under
intensive assault. The government has failed to carry out effective
and credible investigations into the killing and attacks on journalists
who question its conduct of a war against Tamil separatists, or
criticize the military establishment. Three attacks in January
targeting the mainstream media drew the world’s attention to the
problem, but top journalists have been killed, attacked, threatened,
and harassed since the government began to pursue an all-out
military victory over the Liberation Tigers of Tamil Eelam (LTTE) in
late 2006. Many local and foreign journalists and members of the
diplomatic community believe the government is complicit in the
attacks.” Robert Dietz, Testimony before the Senate Foreign
Relations Subcommittee on the Middle East and South Asia,
February 24, 2009, available at
http://omiusajpic.org/files/2009/02/dietztestimony090224p1.pdf (last
visited March 28, 2009), 1.

 “On January 6, the main control room of Sirasa TV, Sri Lanka’s
largest independent broadcaster, was destroyed when an explosive
device, most likely a claymore mine, was detonated at 2:35 a.m.
during a raid by 15 to 20 men.” Robert Dietz, Testimony before the
Senate Foreign Relations Subcommittee on the Middle East and
South Asia, February 24, 2009, available at
http://omiusajpic.org/files/2009/02/dietztestimony090224p1.pdf (last
visited March 28, 2009), 2.

 “On January 8, Lasantha Wickramatunga, the editor-in-chief of the
independent newspaper The Sunday Leader was killed while driving to work. He was attacked by eight men riding four motorcycles. The attack came about 200 yards from a large Sri Lanka Air Force base, and after the attack the hooded men rode off in that direction.
Although the report from the judicial medical officer—Sri Lanka’s
equivalent of a coroner—was to be released on February 6, it has not
been made public. The next hearing in Wikramatunga’s case is on
March 19.” Id, 2.
 “On January 23, Upali Tennakoon, an editor at the Sinhalese
newspaper Rivira, and his wife, were attacked in a manner similar to the attack on Wickramatunga. In this case there were four men on
motorcycles. The couple left Sri Lanka soon after Tennakoon was
released from hospital.” Id, 2.

 “The lack of reliable investigation into these crimes is in keeping
with a long history of impunity for those who attack journalists in Sri
Lanka. CPJ counts 10 journalists killed by premeditated murder
since 1999, with no prosecutions or convictions. The Rajapaksa
government and its predecessors must at least be held responsible for
the impunity that surrounds attacks on journalists.” Id, 2.
 “According to CPJ’s records, during [Rajapaksa’s] time in high office
in Sri Lanka, eight journalists have died of what CPJ considers to be
premeditated murder. No one has been brought to trial in any of
these cases…The people we are talking about were intentionally
killed.” Id, 2.

 “Surprisingly, many of the journalists I spoke with also did not want
to be quoted, for fear of retribution from the government…to have
journalists tell me they did not want to be named was an indicator of
just how intimidated Sri Lanka’s media have become.” Id, 2-3.

 “I have spoken at length about the attacks on Sri Lankan journalists,
but I must address one other issue: No foreign or Sri Lankan
74
reporters have recently been allowed to travel independently to the
frontlines of the conflict with the LTTE.” Id, 2-3.

 “To the international community: – Engage with the Sri Lankan
government, particularly the president’s office, to address what has
become a protracted assault on journalists and media houses.” Id, 3.

 “Several of us including myself, who should have spoken out much
earlier, have not done so, simply because of a lack of information
about the war. So while the killing continues, while tens of thousands
of people are being barricaded into concentration camps, while more
than 200,000 face starvation, and a genocide waits to happen, there
is dead silence from this great country [India]. It’s a colossal
humanitarian tragedy. The world must step in. Now. Before it’s too
late.” Indian novelist, activist, and winner of Brooker prize (1997)
and Lannan Cultural Freedom Prize (2002), Arundhati Roy, “The
Silent Horror of the War in Sri Lanka”, published in The Times of
India on March 30, 2009.
21 Denial of Investigations by International Organizations: Media Blackout.

 “The Sri Lankan government is conducting a cynical campaign to
prevent all independent public coverage of its military operations and
the plight of civilians caught up in the war. While decrying LTTE
abuses, it has kept out the media and human rights organizations
that could report on them – and on government abuses. It has kept
displaced persons locked up in camps and hospitals. It has traded the
well-being of tens of thousands of Sri Lankan citizens for evading
international scrutiny. It has been trying its best to bury the abuses.”
Dr. Anna Neistat, Testimony before the Senate Foreign Relations
Subcommittee on the Middle East and South Asia, February 24,
2009, available at
http://omiusajpic.org/files/2009/02/neistattestimony090224p1.pdf
(last visited March 28, 2009), 1.

 “The plight of civilians in Vanni has been exacerbated by the
government’s decision in September 2008 to order most
humanitarian agencies out of the region. The government’s own
efforts to bring in assistance with a minimal UN role have been
insufficient. Fighting, lack of oversight, and the manipulation of the
delivery of aid by government forces and the LTTE have all
contributed to the continuing humanitarian crisis. Scarce
information that comes out of Vanni through phone calls or text
messages suggests that the situation gets worse by day, with
civilians lacking water, food, medical supplies and other necessities.”
Id, 8.

 “Investigations have been promised before but have been futile. At
times Government officials have not appeared diligent, as happened
in the investigation of the killing of NGO workers assisted by the
International Eminent Persons Group.” Ambassador Marion
Creekmore, Ambassador Teresita Schaffer, Ambassador A. Peter
Burleigh, Ambassador Shaun Donnelly, Ambassador Ashley Wills,
Ambassador Jeffrey Lunstead, Letter to President Mahinda
Rajapaksa, January 19, 2009, available at
http://omiusajpic.org/files/2009/02/lunsteadtestimony090224p1.pdf
(last visited March 28, 2009)

 “I went to Colombo because Sri Lankan journalists are under
intensive assault. The government has failed to carry out effective
and credible investigations into the killing and attacks on journalists
who question its conduct of a war against Tamil separatists, or
criticize the military establishment. Three attacks in January
targeting the mainstream media drew the world’s attention to the
problem, but top journalists have been killed, attacked, threatened,
and harassed since the government began to pursue an all-out
military victory over the Liberation Tigers of Tamil Eelam (LTTE) in
late 2006. Many local and foreign journalists and members of the
diplomatic community believe the government is complicit in the
attacks.” Robert Dietz, Testimony before the Senate Foreign
Relations Subcommittee on the Middle East and South Asia,
February 24, 2009, available at
http://omiusajpic.org/files/2009/02/dietztestimony090224p1.pdf (last
visited March 28, 2009).

 “The lack of reliable investigation into these crimes is in keeping
with a long history of impunity for those who attack journalists in Sri
Lanka. CPJ counts 10 journalists killed by premeditated murder
since 1999, with no prosecutions or convictions. The Rajapaksa
government and its predecessors must at least be held responsible for
the impunity that surrounds attacks on journalists.” Id.
 “According to CPJ’s records, during [Rajapaksa’s] time in high office
in Sri Lanka, eight journalists have died of what CPJ considers to be
premeditated murder. No one has been brought to trial in any of
these cases…The people we are talking about were intentionally
killed.” Id.
 There has been no prosecution of a Sinhalese Buddhist for a
violating an internationally recognized human right against a Tamil
in Sri Lanka at since the current GOSL assumed power in
November 2005.
23.Political Repression

23.1 On or about December 24, 2005 around 1:20 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries murdered by gunfire Batticaloa district Member of
Parliament (MP) of the Tamil National Alliance (TNA) Joseph
Pararajasingam in St-Mary’s co-cathedral in Batticaloa town,
Batticaloa district.

23.2 On or about December 24, 2005 around 1:20 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries severely injured by gunfire Mrs. Sugunam
Pararajasingam, the wife of Batticaloa district Member of Parliament
(MP) of the Tamil National Alliance (TNA) Mr. Joseph
Pararajasingam in St-Mary’s co-cathedral in Batticaloa town,
Batticaloa district.

23.3 On or about April 7, 2006 around 9:30 a.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
murdered by gunfire Vanniasingham Vigneswaran, President of the
political organization Trincomalee District Tamil Peoples’ Forum
(TDTPF), inside the High Security Zone between two Sri Lanka
Army (SLA) checkpoints, opposite to the Trincomalee Harbour, near
the SLN Command in Trincomalee district, near the main branch of
the Bank of Ceylon (BoC) located along Inner Harbor Road between
the building of the Senior Superintendent of Police and Trincomalee
Harbor Police. Vanniasingham Vigneswaran had been recently
nominated by the Tamil National Alliance (TNA) to replace TNA
Batticaloa district Member of Parliament (MP) Mr. Joseph
Pararajasingam who was murdered on or about December 24, 2005.

23.4 On or about September 24, 2006 around 10:40 a.m., Sri Lankan
police or Sri Lankan military personnel or government-sponsored
paramilitaries in a white van murdered by gunfire Kunchithamby
Kuvendran, the security official of Amparai district Member of
Parliament (MP) of the Tamil National Alliance (TNA) K.
Pathmanathan, in the areas of Vinayagapuram in Thirukkovil,
Amparai District, within 100 meters of a Special Task Force (STF)
check post.

23.5 On or about November 10, 2006 around 8:30 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries on motorcycle murdered by gunfire Jaffna district
Member of Parliament (MP) of the Tamil National Alliance (TNA)
Nadarajah Raviraj in areas near the residence of Nadarajah Raviraj
in Manning Town in Narahenpitiya, Colombo district.

23.6 On or about January 26, 2007 around 10:30 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries on motorcycle murdered by gunfire Trincomalee
district Member of Parliament (MP) of the Tamil National Alliance
(TNA) and Ilankai Thamil Arasu Kadchi (ITAK) member
Thangarajah Ithayarajah in the areas of Kinniya in Trincomalee
district.

23.7 On or about January 1, 2008 around 10:00 a.m., Sri Lankan police
or Sri Lankan military personnel or government-sponsored
paramilitaries murdered by gunfire Jaffna district Member of
Parliament (MP) of the Tamil National Alliance (TNA) Thiyagarajah
Maheswaran inside the Hindu Ponnambala Vaneasvarar temple at
Kochchikkadai in Colombo district.

23.8 On or about March 6, 2008 around 1:20 p.m., a Sri Lankan Army
Deep Penetration Unit (SLA DPU) murdered by claymore mine
explosive device Jaffna district Member of Parliament (MP) of the
Tamil National Alliance (TNA) K. Sivanesan in the areas of the A-9
road near Oamanthai/Pu’liyangku’lam entry point into the Vavuniya
district in the Vanni Region.

23.9 On or about June 27, 2008 around 1:40 a.m., Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries murdered by knife Kanthasamy Pirapakaran, an
associate of murdered Member of Parliament (MP) of the Tamil
National Alliance (TNA) Parliamentarian T. Maheswaram, in the
areas near the residence of Kanthasamy Pirapakaran, near Arasadi
Junction in Jaffna district, within 200 meters of a Sri Lankan Army
(SLA) sentry post.

23.10 On or about July 30, 2008, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries severely injured
by gunfire Kanthasamy Thivakar, the body guard of Batticaloa
district Member of Parliament (MP) of the Tamil National Alliance
(TNA) T. Kanagasabai, in the areas of Eruvil in Kaluvangchchikudi
Police Division in Batticaloa district

24.Torture

24.1.1 On or about January 10, 2007 in the areas of Kokuvil in Jaffna
district, Sri Lankan police or Sri Lankan military personnel or
government-sponsored paramilitaries abducted, severely tortured,
and cut deeply with knives in the body and face, Arunakirinathan
Niruparaj.

24.2 Between April 3, 2008 and April 9, 2008, Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
arrested, harassed, assaulted, and severely tortured
Balasubramaniam Mayooran in the areas of Koanamalay,
Koandaavil in Jaffna district.

24.3 On or about April 4, 2007 around 5:40 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted, bound at the hands, stabbed by knife multiple times,
tortured, killed Kathiramali Kanthasamy and dumped the body in a
well in the areas of Eruvil in Kalavunchikudy Police Division in
Batticaloa district.

24.4 Between about April 9, 2007 and April 11, 2007, Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries abducted in a white van, and severely tortured
Jagenthiram Rajaluxman in the areas of Jaffna district.

24.5 Between April 13, 2007 and April 16, 2007, Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted in a white van and tortured Vijayaraja Vijayarooban in the
areas near the Sri Lankan Army (SLA) High Security Zone (HSZ) in
Chavakachcheri town, Jaffna district.
24.6 On or about May 14, 2007, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries detained,
harassed, beaten, and severely tortured Subramaniam Sivatharsan
in the areas of Kaithadi in Jaffna district.

24.7 On or about July 17, 2007, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries abducted and
tortured Shanmugam Sanjeevan in the areas of Kaithaddy South in
Jaffna district.

24.8 On or about July 17, 2007, Sri Lankan police or Sri Lankan military
personnel or government-sponsored paramilitaries abducted and
tortured Shanmugam Sanjeevan in the areas of Kaithaddy South in
Jaffna district.

24.9 On or about February 6, 2008 around 2:30 p.m., Sri Lankan police or
Sri Lankan military personnel or government-sponsored
paramilitaries abducted, blindfolded, and severely tortured
Sathananthan Siriloganatham in the areas of Jaffna peninsula.

24.10 On or about May 16, 2008 around 2:30 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted, stripped naked, subjected to inhuman treatment, and
severely tortured Sathananthan Siriloganatham in the areas of
Colombo Magazine Prison in Colombo district.

24.11 On or about May 16, 2008 around 2:30 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted, stripped naked, subjected to inhuman treatment, and
severely tortured Sellathura Varatharajan in the areas of Colombo
Magazine Prison in Colombo district.

24.12 On or about May 16, 2008 around 2:30 p.m., Sri Lankan police or Sri
Lankan military personnel or government-sponsored paramilitaries
abducted, stripped naked, subjected to inhuman treatment, and
severely tortured Sakthivel Ilankeswaran in the areas of Colombo
Magazine Prison in Colombo district.

24.13 On or about October 8, 2008, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries arrested,
detained, severely injured, and severely tortured Nagarasa Nadarasa
in the areas of Cheerani Amman Temple in Jaffna district.

24.14 On or about October 8, 2008, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries arrested,
detained, severely injured, and severely tortured Thambiah
Paramsothy in the areas of Cheerani Amman Temple in Jaffna
district.

24.15 On or about October 8, 2008, Sri Lankan police or Sri Lankan
military personnel or government-sponsored paramilitaries arrested,
detained, severely injured, and severely tortured Kanthaiah
Satkunarasa in the areas of Cheerani Amman Temple in Jaffna
district.
STATUTORY DUTY OF THE DEFENDANTS TO VOTE AGAINST IMF
LOANS TO COUNTRIES LIKE SRI LANKA WITH A PATTERN OF GROSS
VIOLATIONS OF INTERNATIONALLY RECOGNIZED HUMAN RIGHTS
25.Defendants, sitting on the Board of Governors and Executive Committee of
the IMF, respectively, are obliged by statute, 22 U.S.C. 262d, to vote against
any loan application submitted by a member country with a pattern of gross
violations of internationally recognized human rights. In relevant part, the
statute provides, “(a) Policy goals The United States Government, in
connection with its voice and vote in the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the African Development Fund, the Asian Development
Bank, the African Development Bank, the European Bank for Reconstruction
and Development, and the International Monetary Fund, shall advance the
cause of human rights, including by seeking to channel assistance toward
countries other than those whose governments engage in – (1) a pattern of
gross violations of internationally recognized human rights, such as torture
or cruel, inhumane, or degrading treatment or punishment, prolonged
detention without charges, or other flagrant denial to life, liberty, and the
security of person….”
26.If Defendants use their influence and vote against Sri Lanka’s $1.9 billion
IMF loan request, there is a reasonable probability that it will be defeated by
the IMF’s Executive Committee.

27.Plaintiff has no means of ascertaining in advance whether Defendants will
comply with the voting mandate of section 262d.
28.Plaintiff reasonably apprehends that Defendants might for non-statutory
reasons decide not to oppose Sri Lanka’s request for a $1.9 billion balance of
payments IMF loan in violation of section 262d.

29.If Plaintiff waited to sue Defendants for allegedly violating section 262d in
failing to oppose Sri Lanka’s $1.9 billion IMF loan application until after the
loan had been granted, there would then be no practical legal remedy for the
violation.

30.Six of Plaintiff’s members have intimate relatives in Sri Lanka whose lives
and limbs will be threatened if the GOSL continues its pattern of gross
violations of internationally recognized human rights as testified by the
affidavits attached to this Complaint. Exhibits 1-6.

31. The intended beneficiaries of section 262d are would-be targets of a pattern
of gross violations of internationally recognized human rights by the
offending government seeking an IMF loan, including the persons (relatives
of Plaintiff’s members) identified in the affidavits attached as Exhibits 1-6.
32.If Sri Lanka is denied its $1.9 billion loan request by the IMF, it is
reasonably likely that its pattern of gross violations of internationally
recognized human rights will diminish or end in order to qualify for IMF
funding under section 262d; or, the GOSL would be financially disabled from
continuing its pattern of gross violations of internationally recognized human
rights. The GOSL is especially vulnerable to economic sanctions at present
because its economy is pinched.

33.The Republic of South Africa renounced apartheid in substantial part
because of economic sanctions. Nelson Mandela in 1990 urged the retention
of sanctions against the Government of South Africa because he believed
their lapse would risk aborting the anti-apartheid process.
COUNT I-PRIVATE RIGHT OF ACTION TO ENFORCE VIOLATION OF 22
U.S.C. 262d

34. Plaintiff incorporates by reference into this Count all of the foregoing
allegations appearing in this Complaint as if they were alleged anew.

35.There is a live controversy between Plaintiff and Defendants as to whether
section 262d would permit Defendants to decline to oppose the Sri Lanka’s
pending $1.9 billion IMF loan request.
36.Defendants’ opposition to the aforesaid loan request would probably assure its
defeat by the IMF Executive Committee.
37.If the aforesaid loan were defeated, Sri Lanka would diminish or end its
ongoing pattern of gross violations of internationally recognized human rights
in order to qualify for IMF funding under section 262d and avoid harming the
relatives of Plaintiff’s members identified in Exhibits 1-6. In the alternative,
the defeat of the IMF loan application would disable the GOSL for lack of funds
from continuing its pattern of gross violations of internationally recognized
human rights against the relatives of one or more of Plaintiff’s members in Sri
Lanka identified in Exhibits 1-6.

38.Defendants would be abusing their discretion and violating a mandatory duty
under 22 U.S.C. 262d if they neglected to oppose Sri Lanka’s pending $1.9
billion loan request from the IMF.
39.Section 262d creates a private cause of action in favor of its intended
beneficiaries (i.e., would-be victims of a pattern of gross violations of
internationally recognized human rights by IMF member nations) or their best
representatives in the United States. Absent a private cause of action, there
would be no practical method to subject the actions of the Secretary of
Treasury or Executive Director under 22 U.S.C. 262d to judicial review.

40.Congress has declined in express or implied language to withhold judicial
review of claimed violations of 22 U.S.C. 262d by the Secretary of Treasury or
the United States Executive Director.
PRAYER FOR RELIEF

41. Plaintiff requests a declaratory judgment that the Defendants would be in
violation of 22 U.S.C. 262d by failing to oppose the pending $1.9 billion IMF
loan application from the GOSL in the IMF’s Executive Committee or other
IMF decision-making body, and such other and further relief as this Court finds
just and equitable.
Respectfully submitted,

Bruce Fein
DC BAR #446615
1025 Connecticut Avenue, N.W.
Suite 1000
Washington, D.C. 20036
Mobile: 703-963-4968
Office: 202-370-1399
Facsimile: 202-448-1664
Email: bruce@thelichfieldgroup.com

 

 

 

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