The Australasian Federation of Tamil Associations (AFTA), the umbrella organisation of peak Tamil Associations in Australia and New Zealand in its media release yesterday said that it condemns in the strongest terms, the manner in which Mr. Selvarasas Pathmanathan has been seized in Malaysia and taken to Sri Lanka for interrogation by the Sri Lankan security agents.AFTA considers the abduction and transfer of Mr. Pathmanathan to Colombo as an act of Extraordinary Rendition. Tamil Diaspora is gravely concerned that if this dastardly act goes unchecked, no Tamil would be safe in any part of the world.
According to international news agencies Mr. Pathmanathan spearheaded a move to direct the Liberation Tigers of Tamil Eelam (LTTE) movement, to continue its struggle for self-determination of Tamils through democratic and diplomatic means. His recent efforts in taking steps to form a Provisional Transnational Government of Tamil Eelam (PTGTE), through a democratic process amongst the Tamil Diaspora were welcomed by AFTA.
The Thai government spokesman has stated that Mr. Pathmanathan is married to a Thai national and lived in the north of the country. Mr. Pathmanathan is believed to be a Thai national as well. Although Sri Lankan authorities initially claimed that Mr. Pathmanathan was arrested in Thailand and taken to Sri Lanka for interrogation, Thailand's prime minister said on Friday 7th August that he had been seized but denied that it happened in Thailand. All the independent media reports indicate that Mr. Pathmanathan was seized in Malaysia in an illegal manner by the Sri Lankan military intelligence with possible support of some sections of the Malaysian law enforcement agencies.
Extraordinary Rendition is illegal and should be challenged by people who believe in democracy and rule of law and signatories to the relevant Geneva Conventions. Even states which are not a party to conventions against Torture are bound by international norms to stamp out torture and not facilitate such acts. Article 3 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits Extraordinary Rendition. Article 3(1) prohibits parties from returning, extraditing or refouling any person to a state where there are substantial grounds for believing that he would be in danger of being subjected to torture. The Committee against Torture has held that this danger must be assessed not just for the initial receiving state, but also to states to which the person may be subsequently expelled, returned or extradited. It further states that for the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights.
It is alarming to note that such an act could be permitted despite the International Community including Malaysia and Thailand being fully aware of the abductions, torture and indiscriminate killing of Tamils are common place in Sri Lanka.
Reuters news agency quoted Sri Lankan defence spokesman Keheliya Rambukwella as saying, "We are quite capable of demolishing LTTE activities anywhere in the world. We have the capacity and assistance". Reuters quoting three senior military sources has said that, three senior Sri Lankan military sources speaking on condition of anonymity, told Reuters that three teams were deployed to Malaysia, Thailand, Singapore and Indonesia to hunt down and kill Pathmanathan, not capture him. "We didn't want him to be brought down here. But the circumstances didn't allow us to do that," one military intelligence officer told Reuters on condition of anonymity.
AFTA is of the opinion that if these statements by Sri Lankan military sources are true no Tamils from Sri Lanka, irrespective of their current nationality are safe on the streets of the country of residence.
AFTA feels that Sri Lanka has abducted Mr. Pathmanathan to deny a source of evidence of “war crimes” committed by Sri Lankan government officials, including the former DFAT official Dr. Palitha Kohona, who was involved in the surrender arrangements of the LTTE political wing leaders. These leaders were shot and killed by the Sri Lankan army while surrendering unarmed and carrying a white flag on the order of Government officials. Mr. Pathmanathan only negotiated the modalities for the surrender and he had played recently some of the recordings of these conversations to the international media.
AFTA appeals to
- the ICRC to demand immediate access to Mr. Pathmanathan to ensure his safety and his well being including supply of essential medication. ICRC also should facilitate the availability of a lawyer to represent him to assist in the investigation by the Sri Lankan authorities and protect this key witness who is vital for future independent international “war crimes” investigations.
- all the States who are against Extraordinary Rendition, including Australia and New Zealand, to condemn the illegal seizure of Mr. Pathmanathan, irrespective of any crime if committed by him, and the subsequent transfer of him to Colombo.
- the Malaysian government to break its silence about the alleged involvement of any of its law enforcement agencies in this matter.
- Thai Government to secure the release of its national; and
- The human rights organisations such as Amnesty International, Human Rights Watch to seek a just resolution to this matter.
AFTA also appeals to the independent media to use investigative journalism to expose blatant disregard displayed by the parties involved in violating international norms.