Situation Report : By Iqbal Athas

Sea showdown at sundown
A full, clear picture of the dusk to dawn drama

The Naval arm of the Liberation Tigers of Tamil Eelam (LTTE), the Sea Tigers, marked its tenth anniversary early this week. Leader Velupillai Prabhakaran and Sea Tiger leader, Soosai,(on his left) are seen at a parade of newly "passed out" female Sea Tiger cadres somewhere in Puthukudiyiruppu. They carry AK 47 Kalashnikov assault rifles.

Tiger leader Prabhakaran and his Sea Tiger "Commander" Soosai walk past the female cadres closely followed by a bodyguard with his hands on the trigger of a modified AK-47 Kalashnikov assault rifle.

The waters of Palk Straits, north west of the Sri Lankan coast, were unusually choppy on the Saturday evening of July 13. There were strong winds and rising waves as two Dvora fast attack craft (P-465 and P-490) of the Sri Lanka Navy set out on patrol, far north of the seaboard town of Mannar.

It was almost an hour before dusk when they spotted two trawlers, 48 feet long, seemingly heavily laden. They were moving in a northerly direction, one almost hugging the coast and the other in deeper waters. They were both ahead of the island of Iranativu.

Failing to persuade them to stop, men on the two Dvoras fired warning shots across the bows from the 23 mm guns mounted on board. One trawler gained speed and beached on the shores of Devil's Point, the promontory jutting into sea at the end of a bay originating near Pooneryn. The second, also speeding, came to a halt some three nautical miles north east of Iranativu island.

Men aboard the two Dvoras had already alerted the Commander of the Northern Naval Area, Rear Admiral Sarath Weerasekera, at Kankesanthurai (KKS) of the sighting and follow up action. Re-inforcements rushed out of KKS.

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Moving close to the trawler at sea, Navy personnel found it bore registration number RMS 512. Navy officials say RMS stood for the South Indian port city of Rameshwaram. It was the registration number of the trawler, like many others they had checked in the Palk Straits. There were six youth on board. All of them owned up they were members of the Liberation Tigers of Tamil Eelam (LTTE). They bore a guerrilla hallmark - cords holding cyanide capsules around their necks.

As the Navy saw it
Navy Commander Vice Admiral Daya Sandagiri, last Monday briefed Prime Minister Ranil Wickremesinghe, on the Navy's stand off with Sea Tigers in the north-western seas off Mannar.

The Navy believes RMS 512, the trawler detected off the Iranativu island, appeared "laden, probably with a false bottom." Since the trawler was found to be of Indian origin, carrying Tiger guerrilla cadres, it was decided to apprehend it and bring it to their Northern Naval Area Headquarters in Kankesanthurai for further investigation.

Vice Admiral Sandagiri's briefing followed a detailed report he received from Rear Admiral Sarath Weerasekera, Commander, Northern Naval Area. Here are excerpts:

"When the Navy attempted to arrest the trawler and bring it to KKS, the crew threatened to commit suicide by swallowing cyanide capsules. This message was again conveyed to Deputy HOM (or Head of Mission, as SLMM members on board could not communicate with him) and it was then decided to leave the men and arrest only the trawler. However, the LTTE still refused to release the trawler.

"The SLMM member in the boat then wanted the political leaders in Kilinochchi be informed to instruct the LTTE to release the boat. The Deputy HOM was informed to convey the message and after a few minutes he confirmed that the messages has been conveyed.

"Whilst the Navy awaited for further instructions suddenly the LTTE boat started moving directly ashore, at approximately 2300 hrs (11 p.m.) obviously under instructions of their leaders ashore. At that time the two SLMM members and three Navy personnel have asked the LTTE to stop the engines but they refused and continued, showing scant respect to SLMM.

The fast attack craft then manoeuvred cautiously and under difficult conditions to rescue the trapped personnel. After several attempts, with greatest difficulty, Navy managed to rescue the Navy personnel from the moving trawler but could not rescue the SLMM members as the LTTE were manhandling and preventing them from boarding the Navy vessel.

" The FAC crew have witnessed that on certain occasions when the FACs were coming closer, the LTTE were pinning down the SLMM members to the deck. The Navy tried her best until the Navy craft could proceed up to the maximum limit from ashore and then returned.

"The following facts are considered relevant in this issue: (a) SLN is the legitimate force out at sea and she was not engaging in any offensive operations against LTTE. As per MOU 1:3, on this day, she was performing her legitimate task of safeguarding the sovereignty and territorial integrity of Sri Lanka.

"(b) The first trawler which landed off Devil's Point appeared to be fully laden as confirmed by MSIS pictures (Note: MSIS is a piece of Israeli built equipment that takes pictures. It is mounted alongside a gun). ( C ) The decision to arrest the trawler was taken as (i) The trawler was an Indian trawler bearing number RMS 512 and the occupants could not show any legal documents to prove ownership (ii) The crew of the trawler declared that they were LTTE but the Navy was never notified of any LTTE movements at sea (iii) The trawler looked suspicious (iv) In keeping with the ROE (Rules of Engagement) promulgated by JOH (Joint Operations Headquarters).

(d) The decision to arrest the trawler was taken with the concurrence of the SLMM, where the Deputy HOM agreed to it as 'perfectly OK'. MOU 3.2 states that HOM shall be the final authority regarding the interpretation of the Agreement. Hence by refusing to obey orders of SLMM the LTTE has grossly violated the MOU. (e) As per MOU 3.10, the Navy made arrangements for SLMM to have immediate access to the area where the alleged offence was taking place. The Navy could have easily made the trawler non-operational by firing into the engine room or by smashing on to the hull of the trawler. Navy did not do so but was very careful to ensure safety and protection of the SLMM members mentioned in MOU 3.9.

(f) By committing a high handed act such as taking SLMM members hostage on board and dashing towards ashore whilst the Navy boats were trying to rescue the team, and manhandling and preventing the SLMM members (including a lady) from getting in to the Navy craft, the LTTE has totally disregarded MOU 3.9 (g) The entire episode took place on the night of 13th July off Iranativu, where the LTTE very clearly disobeyed the SLMM orders and managed to escape in a most cowardly manner with SLMM members kept as hostages. The LTTE had obviously made a mockery of the entire MOU.

"I also consider it prudent to apprise the command the detrimental effects, incidents of this nature would have, on the morale and fighting spirit of the men at sea.

If the LTTE is able to engage in any nefarious activities out at sea and get away by just showing the cyanide capsule, the deployment of Navy at sea, done at enormous cost, men and material, would become a total farce. In addition it affects the morale of the men for obvious reasons.

"The existing MOU has provisions for amendment and modification. If the LTTE is allowed to continue the violations and if these violations are only "noted" and "filed" without the LTTE having to "pay" for them, it is indeed detrimental to national security. Cyanide culture should not be tolerated and this was a typical example of how cyanide can be used as a weapon."

The youth refused to let Navy personnel on board. Communication sets in the Navy vessels and those carried by the guerrillas then began to crackle. At the Northern Naval Area Headquarters, officials spoke to the Sri Lanka Monitoring Mission (SLMM) branch in Jaffna. A Sea Tiger base in the area received a message from the guerrillas.

At 8 p.m. (Saturday night), three hours after trawler RMS 512 was intercepted, two SLMM representatives and a guerrilla leader, arrived at the scene separately, but by co-incidence, at the same time. Ms Majken Heilman (Dutch) and Paul Erik Bjeree (Norway), Naval Monitors, reached there by a Navy fast attack craft carrying the SLMM flag. It had come from the island of Mandativu near Jaffna. "Lieutenant Colonel" Sudhaharan, said to be Sea Tiger leader for Mannar, had come in a dinghy with six other cadres from the Sea Tiger base.

Lieutenant Kiriella, officer-in-charge of the Dvora (P-483) that carried the two monitors, boarded the trawler with two sailors. Also on board were Ms. Heilman and Mr. Bjeree. The Navy said it found eight pieces of soap, 20 packets of noodles, eight pen torch batteries, mega soft drink bottles and other consumer items. However, the Navy was not happy with that search conducted in the night.

Prime Minister Ranil Wickremesinghe, who is devoting almost all his time to ensure the peace process is on track, learnt of the reasons after he summoned the Commander of the Navy Vice Admiral Daya Sandagiri, for a briefing on the incident at "Temple Trees," last Monday. The Navy suspected the two fishing trawlers had false bottoms and were engaged in weapons smuggling. That was why the Navy wanted it taken to its northern headquarters in Kankesanthurai for a thorough check, he explained to Premier Wickremesinghe. Vice Admiral Sandagiri had received a detailed report on the incident from Rear Admiral Sarath Weerasekera, Commander, Northern Naval Area.

The guerrillas not only prevented the trawler from being taken to Kankesanthurai but also threatened to bite the cyanide capsules and commit suicide. (The Navy's account of the incident appears in the box story on this page).

The Navy account tallied with that of the two monitors - Ms. Majken Heilman and Paul Erik Bjeree. The Sri Lanka Monitoring Mission Headquarters in Colombo, The Sunday Times learnt, made a thorough study of the duo's report before its head, Major General Trond Furuhovde, declared in a public statement last Sunday that "this is a serious violation of the Ceasefire Agreement and a major blow to the trust of SLMM in the LTTE…."

What the SLMM Headquarters learnt from Ms. Heilman and Mr. Bjeree about their own experience is striking. According to details The Sunday Times has learnt, they had started negotiations between the Navy and Tiger guerrillas soon after the trawler was inspected. It was during a time when the waves were so high that boarding the Naval craft (from the trawler) would have been a risk, they explained. They said negotiations had ended by 11 p.m. that Saturday night. The Navy men were waiting for the LTTE cadres to vacate the trawler when they suddenly started moving. This was without the consent of the Navy. The Navy officer-in-charge had asked "Mr. Sudaroli" (Note: a mistaken reference to "Lt. Col." Sudhaharan) to stop the trawler. He had ignored the message, they have pointed out. When this did not happen, a Navy vessel ahead of the trawler stopped it from moving. The SLMM Headquarters received a detailed report from the duo. Excerpts:

"At this moment SLMM made it very clear for Mr. Sudaroli that from the SLMM's point of view, this was a serious breach towards SOMA and CFA. We informed him that we considered this to be an act of kidnapping two SLMM officials and three SLN (Sri Lanka Navy) members. We made it very clear that it was our (SLMM's) intention to vacate the LTTE vessel…

"At port side the second SLN vessel rammed into LTTE vessel making it possible for the SLN Commander and his assistants to come on board the SLN vessel. The second SLN assistant vacated the LTTE vessel on the second run of the SLN vessel at port side.

"At that time LTTE cadres started to physically hold SLMM monitor Majiken. Paul asked in a very strict manner to free Majiken. The response was that also Paul was physically held. Both were thrown to the rear deck and held there until the SLN vessels were on a "safe distance." LTTE vessel turned towards the coast and darkened the vessel.

"SLN vessels followed on distance. At approximately 2345 (11.45 p.m.) SLN vessel came in from stern and rammed LTTE vessel. By 2400 (midnight) SLN vessel came in front port side and rammed LTTE vessel in a very hard manner. Majken and Paul was held on the deck by three LTTE cadres as the SLN vessel tried to hold physical contact to the LTTE vessel. By hand signs we tried to signal the SLN Commander that he should pull away. After this collision the SLN vessels withdrew and followed on a distance for some 30 minutes. At 0100 (1 am) LTTE vessel went on ground and we were stranded on an atoll for two hours before we were picked up by a boat at 0310 (3.10 am).

The drama ended for the two SLMM monitors when they were produced before Sea Tiger leader, Soosai. This is what they said "They took us to shore and presented us to Soosai. Soosai followed us to Pulee and Hans. They took us to Kilinochchi arriving at 0520 (5.20 am) on Sunday." (Note: Pulee is Mr. Pulithevan, deputy leader of the LTTE Political Wing and Hans is a member of the SLMM stationed in Kilinochchi).

The detailed account of the SLMM monitors contrasted sharply with the LTTE's own story. In a letter to Maj. Gen. Furuhovde, (sent on Sunday) and publicised in the widely accessed Tamilnet website last Monday, LTTE Political Wing leader, S.P. Tamilchelvan said the Navy's interception of the trawler was a "serious violation" of the February 22 Ceasefire Agreement. Warning that it "may result in jeopardising the efforts" put into the maintenance of the Ceasefire Agreement, Mr. Tamilchelvan said "SLMM monitors and three SLN officers checked our trawler for about an hour and declared that there was nothing they consider as unlawful."

He claimed the SLMM "monitors said that the trawler can proceed and the SLN personnel too concurred. All of a sudden one of the SLN officers said that he has HQ instructions to take the trawler off to KKS."

He added: "The Sea Tiger commander had refused, pointing out the terms of the Ceasefire Agreement had not been breached by the trawler. Whilst this was going on the SLN Dvoras kept circling our trawler. The three SLN personnel, who were in the trawler jumped into the sea and swam across to reach their boats.

"Since the SLN boats were hitting continuously on our trawler, our regional commander decided to sail back to the shore.. ."

SLMM head, Maj. Gen. Furuhovde's angry response, where he referred to "irresponsible behaviour" that is "extremely counter productive," did change the mood of the LTTE later. If he expressed hope the SLMM will be able to find ways to keep walking "towards peace," Tiger guerrillas responded with a re-assuring response.

Whilst deeply regretting any inconvenience caused to the two SLMM members, a statement last Tuesday (July 16) said "the LTTE Political Office has also complimented the SLMM for its dedication, courage and commitment in executing their duties impartially to promote the cause of peace in Tamil homeland." However, the statement denied holding the two SLMM members hostage against their wishes and blamed the Sri Lanka Navy for what it called "deliberately causing hostile incidents."

The statement claimed "the Sea Tiger cadres brought the Sri Lanka Monitoring Mission members ashore in their fishing trawler to prevent any harm being done to them and to ensure their safety." It also asserted that "the Ceasefire Agreement recognises the existence of the naval unit of the LTTE and strictly prohibits the Sri Lanka armed forces from engaging in hostile naval operations. The Sea Tigers should be allowed, without hindrance, to perform their activities along the coastal belt of the northeastern territories under their control. We have also requested the Head of the Sri Lanka Monitoring Mission to work out an agreement on the issue between the LTTE and the Sri Lanka Navy."

The saga involving the Sea Tigers and the trawler came in a week in which the LTTE observed the tenth anniversary of its naval arm. LTTE leader Velupillai Prabhakaran, was out in public to "take the salute" from newly "passed out" women Sea Tiger cadres early this week. For the first time, they had been given uniforms similar to the ones used by the Navy.

But a more significant change in mood was elsewhere, in the Norwegian facilitation. A secret known to only a few were the unsuccessful efforts by Norwegian facilitators for a meeting with LTTE Chief Negotiator, Dr. Anton Balasingham, in London in the past few weeks.

This had been despite many phone calls and e-mail messages to Dr. Balasingham.

But, barely 48 hours after the trawler incident, Norwegian Deputy Foreign Minister Vidar Helgesson and negotiator Erik Solheim, met Dr. Balasingham. The meeting in London last Monday focused on the elusive peace talks in Thailand, originally billed for May, put off for June, later, July and then August. With the resumption of the Norwegian dialogue with Dr. Balasingham, UNF leaders are now expressing fresh optimism that the talks could be held in September.

But a crucial question still remains. The LTTE insists in the Government fulfilling "all provisions" of the Ceasefire Agreement, including what the guerrillas call the "freedom of movement" for Sea Tigers in the north-eastern seas. They have made it clear they would come to the negotiating table only when this is done. How would the UNF Government, which is still very anxious to get them to the Thailand talks respond ? The answer will have to come in the next few weeks.

The month of August, which is just ten days away, will be the period for stocktaking by both Government and the Tiger guerrillas. The very last time frame in the Ceasefire Agreement ends on August 2. That is the provision (2.3) which says "Beginning on the date on which this Agreement enters into force, school buildings occupied by either party shall be vacated and returned to their intended use. This activity shall be completed by D-day + 160 at the latest."

What follows when both sides blame each other for non-fulfilment of outstanding issues in the Ceasefire Agreement, or arising out of it, remains to be seen. So is the follow up action by each side not to mention the Norwegian facilitator.

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