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Navy’s prized catch snatched away by SLMM
A Sri Lanka Navy patrol craft
deployed for port security near the Dockyard in Trincomalee, home
for Eastern Naval Area headquarters, had an unusual encounter on
May 8. After noticing the suspicious movement of a fibre glass dinghy
within the restricted high security zone, meant to protect the Port
and the Naval installation, they gave chase. Some 20 minutes later,
they apprehended the boat which was trying to evade detection, some
1.6 nautical miles off the Flag Staff Point.
LTTE Political Wing leader S. P. Tamilselvan greets Norwegian
Foreign Minister, Jan Peterson, on arrival in Kilinochchi by
a Sri Lanka Air Force helicopter for talks with LTTE leader,
Velupillai Prabhakaran. Also with him is Deputy Foreign Minister,
Vidar Helgesson. - LTTE photo. |
It was a Sea
Tiger boat. On board were Ranjan, described as a Tiger guerrilla
expert on radar equipment. His two colleagues were Ramanan and Wan
Mukilan. There was one 40 litre explosive can, three bicycles and
a communications set. The detection came in a week when Tiger guerrilla
recruitment and training in the Trincomalee district were apace.
It was only last Saturday the latest batch of recruits "passed
out" at a ceremony in Mutur.
It was just
days ahead of Norwegian Foreign Minister Jan Peterson's meeting
with Tiger guerrilla leader, Velupillai Prabhakaran, to invite him
to return to the peace talks and the aid donor meeting in Tokyo.
It transpired that the Sea Tiger boat with warlike material had
intruded into the restricted zone encompassing the Port - a violation
of the Ceasefire Agreement of February 22, 2001. That is besides
a violation of the laws of the land.
Last
Saturday’s LTTE ‘Passing out parade’: Trincomalee
LTTE leader, Paduman and “newly passed out” Tiger
guerrilla cadres take “oaths” after “the parade’
in Ralkuli, Mutur. Pix by Sinniah Gurunathan |
Navy's Deputy
Commander for Eastern Naval Area, Commodore S.R. Samaratunga, has
said in a report to the Commander of the Navy, Vice Admiral Daya
Sandagiri, that his men who intercepted the boat had performed their
legitimate task of safeguarding the sovereignty and territorial
integrity by arresting the boat. See box story on this
page for the full report.
But the hours
that followed the Navy detection appears to have changed fact into
fiction. Telephones at the Political Offices of the Liberation Tigers
of Tamil Eelam (LTTE) were busy. They were moving heaven and earth
with the Sri Lanka Monitoring Mission (SLMM) to get the issue sorted
out. The SLMM, in turn, were busy contacting the Secretariat for
Co-ordinating the Peace Process (in the Prime Minister's office)
and the Navy.
It soon became
clear that the LTTE did not want their top man, the radar expert,
to fall into the hands of the authorities together with the two
colleagues. They moved tooth and nail to prevent the Navy from handing
him over to the Police with the other two, the explosives, communications
equipment and the boat. That was for legal action in accordance
with the laws of the land. Did they fear the man would reveal secrets
of LTTE radar points?
The
Sunday Times learnt that the Navy resisted several
insidious pressure moves, some from top bureaucrats in the Ministry
of Defence, to suppress the matter. They wanted the Navy not to
proceed with any further action. Among other players in this exercise,
to bend forwards and backwards to please the LTTE, were some top
personalities in the UNF Government and a highly influential non
Sri Lankan.
In their determination
to uphold the territorial integrity, sovereignty and the normal
laws of the land, the Navy continued to resist. But, alas they were
told they would have to heed an SLMM determination that was being
issued later that day (May 8). The determination came from retired
Norwegian Major General Tryggve Tellefsen, Head of the SLMM. In
his one page report, he declared "This morning the SL Navy
intercepted a fishing boat manned by three (3) LTTE cadres. SLMM
Naval Monitoring Team in Trincomalee was informed by the Navy, and
brought to the scene around 1245 pm." See box story
on this page for Maj. Gen. (retd.) Tellefsen's full report.
Maj. Gen.(retd.)
Tellefsen asserts in this report that "SLMM negotiated a workable
and fair solution" based on facts. In his four point determination
he says:
1. Two of
the LTTE crew- members will be detained by SLN and handed over
to the GOSL Police.
2. The explosives will be confiscated by SLN.
3. The third LTTE crew-member along with the"fishing boat"
will be handed over to the SLMM at the scene.
4. SLMM is willing to witness in the court of law that the LTTE
boat was carrying explosives, and to provide evidence to support
any investigation of this incident.
It is not clear how Maj. Gen. (retd.) Tellefsen's "workable
and fair solution" determine that the boat apprehended
by the Navy patrol was a "fishing boat."
There is no evidence whatsoever from the Navy, the SLMM monitors
who came on board later or from any other quarter to confirm this
assertion. It is common sense that the Sea Tigers do not engage
in fishing, Moreover, besides the explosive can and the communications
set, there were no fishing nets or other equipment to suggest that
it was a "fishing boat." It was, quite clearly, a boat
used by Sea Tigers for their illegal operations at sea.
By his own
admission, Maj. Gen. (retd.) Tellefsen's offer that the SLMM is
"willing to witness in court of law that the LTTE boat was
carrying explosives, and to provide evidence to support any investigation
of this incident" is indeed interesting. The question arises
whether such evidence in a court of law would speak of the fact
that the boat used was a "fishing boat ?" One need hardly
consult any dictionary. Even to the most dim witted, it is clear
that a "fishing boat" is one used for fishing. Is one
to believe that the Sea Tiger craft intruded into the restricted
zone whilst the guerrilla cadres went fishing ?
Little wonder
Navy Chief, Vice Admiral Daya Sandagiri, was angry about Maj. Gen.
(retd.) Tellefsen's "workable and fair solution."
In falling in line with the SLMM's determination, he had made clear
that he was compelled to accept it under protest. Pointing out that
the SLMM act exceeds "the mandate of the SLMM" Vice Admiral
Sandagiri has warned in a letter to Defence Secretary, Austin Fernando,
that "determinations of this nature by SLMM would not be any
longer acceptable to the members of the SLN and to the country in
view of their gross contradiction and disregard for the real situation."
In the letter
Vice Admiral Sandagiri did not hide his feelings when he said "it
is respectfully observed that the Government of Sri Lanka maintains
the status quo without prejudicing national security, territorial
integrity and sovereignty of the nation."
Like all other
concerns expressed by Security Forces top brass, whether this will
also fall on the deaf ears of the Defence Ministry’s increasingly
insensitive bureaucracy remains the crucial question. It is no secret
that they have been voicing deep concern over mounting fears that
the nation's vital security interests are being compromised. For
obvious reasons one cannot elaborate.
Vice Admiral
Sandagiri has charged that when "the HOM (head
of mission) of the SLMM, stated in his report that the SLN intercepted
a fishing boat manned by LTTE, it was a deliberate attempt at establishing
misleading information. The reason being that the members of the
SLMM themselves witnessed that the boat had neither fishing gear
nor fish on board."
He has said that the Navy was "compelled to accept the determination
of the SLMM" over the incident under protest despite the following:
"i.
The boat with three LTTE cadres was intercepted within the restricted
zone in Trincomalee. It was carrying explosives, thus contravening
article 1.7 of the MOU.
"ii. The boat was carrying communication equipment onboard
which was also a contravention of MOU article 1.7.
"iii. When attempts were made to check the boat, the LTTE cadres,
threatened to commit suicide. The article 1.2 (a) of the MOU relevant."
This is what
article 1.7 in the Ceasefire Agreement quoted by Vice Admiral Sandagiri
says:
"1.7
The Parties shall not move munitions, explosives or military equipment
into the area controlled by the other Party."
Dealing with
the threat by guerrillas to commit suicide, Vice Admiral Sandagiri
quotes provision 1.2 (a) of the Ceasefire Agreement. This is what
it says:
"(a)
The firing of direct and indirect weapons, armed raids, ambushes,
assassinations, abductions, destruction of civilian or military
property, sabotage, suicide missions and activities by deep penetration
units." See box story on this page for the full text of Vice
Admiral Sandagiri's letter to Defence Secretary Austin Fernando.
It was the
same retired Norwegian Major General Tryggve Tellefsen, who ruled
that (Situation
Report - April 6) that "armed elements -
not recognised by any of the Parties - operating in LTTE or GOSL
controlled areas, represent a serious threat to the peace process.
Hence, the SLMM urges the Parties to find, disarm and arrest such
elements."
This SLMM determination
came after the sinking of the Chinese fishing trawler on March 3.
More than two months after the incident, neither the LTTE nor the
Government of Sri Lanka have so far identified this so-called third
element.
It was the
same Maj. Gen. (retd.) Tellefsen, who proposed in an Initial
Discussion Paper to prevent incidents at sea between the Navy and
LTTE (dated April 3) that the Government of Sri Lanka recognize
the LTTE Sea Tigers as a de facto naval unit and exclude
them from the laws concerning limitations on outboard motors. He
also recommended that specific and marked exercise and training
areas at sea be provided to them. (Situation
Report - April 20).
It was the
same Maj. Gen. (retd.) Tellefsen who, in a subsequent "SLMM
ADJUSTED PROPOSALS" carved out areas in a map
of Sri Lanka for training and live firing exercise areas for the
LTTE in the western and eastern territorial waters of Sri Lanka.
(Situation
Report - May 4). He also called for the recognition
of Sea Tigers as a de facto naval unit.
It was the
same Maj. Gen. (retd.) Tellefsen who last week forwarded to the
LTTE the proposals by retired Indian Lieutenant General Satish Nambiar
in respect of High Security Zones (HSZ) in the Jaffna peninsula
(and not Special Envoy Erik Solheim as inadvertently reported last
week).
And now, it
is the same Maj. Gen. (retd.) Tryggve Tellefsen, who has issued
what he calls a "workable and fair solution"
to the incident involving the intrusion of a Sea Tiger boat into
a restricted zone off the Trincomalee Port carrying war like material.
Whilst last
minute international efforts are being made to urge the LTTE to
return to peace talks and take part in the aid donor meeting in
Tokyo next month, the biggest question that looms large is whether
the proposals and determinations brought out by the Head of Mission
of the SLMM is both workable and fair. More so with the past track
record he has created.
SLMM
chief’s ruling on the incident
Here is the full text of SLMM's controversial determination
on the detection of a Sea Tiger boat on May 8. See full story
on this page:
Sri Lanka
Monitoring Mission SLMM URGENT
Mr Austin Fernando
Defence Secretary/GOSL
SLMM DETERMINATION OF INCIDENT AT SEA OFF TRINCOMALEE MAY
08
Background
This morning the SL Navy intercepted a fishing boat manned
by three (3) LTTE cadres. SLMM Naval Monitoring Team in Trincomalee
was informed by the Navy, and brought to the scene around
1245 PM.
The LTTE
cadres refused any inspection by the Navy, and threatened
to commit suicide by detonating several kilograms of explosives
stored in a barrel, if the Navy should make any attempt to
inspect or arrest them.
During
the negotiations between the SLMM monitors and the LTTE crew,
the LTTE was willing to surrender two (2) of the cadres to
the Navy, provided that the fishing boat and the third member
of the crew was released immediately. However, the SL Navy
did not accept this and demanded the detention of the boat
along with the LTTE crew. After further negotiations, and
after discussion with the LTTE leadership in Killinochchi,
SLMM suggested the following solution:
Two (2)
LTTE cadres should surrender to the SLN, and the explosives
handed over to the SLN. The fishing boat and the third crew-member
should be released immediately. The LTTE accepted this, and
the GOSL was informed accordingly. The SLMM monitors at the
scene were informed and ordered to be prepared to monitor
the implementation of the solution. When the solution was
about to be implemented the SLN objected, stating that all
three LTTE cadres had to surrender and the fishing boat confiscated.
Head
of SLMM determination
Based on the above-mentioned facts and proposal, and the fact
that SLMM negotiated a workable and fair solution, Head of
SLMM makes the following determination:
(a)
Two of the LTTE crew-members will be detained by SLN and
handed over to the GOSL police.
(b) The explosives will be confiscated by SLN.
(c) The third LTTE crew-member along with the fishing boat
will be handed over to SLMM at the scene.
(d) SLMM is willing to witness in the Court of law that
the LTTE boat was carrying explosives, and to provide evidence
to support any investigation of this incident.
Sincerely
Sgd. Tryggve Tellefsen
Major General
Head of SLMM |
Commodore
Samaratunga’s report to Navy Chief
Here is the full text of the report sent to Navy Commander,
Vice Admiral Daya Sandagiri, by Commodore S.K. Samaratunga,
Deputy Area Commander, Eastern Naval Area (with copy) to SLMM
on the May 8 boat incident. See full story on this page.
EASTERN
NAVAL
COMMAND Dockyard - Trincomalee
09th May 2003
Dear Sir
INTERCEPTION OF LTTE FGD WITH EXPLOSIVES WHILST CROSSING RESTRICTED
ZONE OFF TCO HARBOUR
1. On 8th May 2003 at approx 1130 SLN craft P 125 deployed
for Harbour security, detected 01 fast moving FGD crossing
restricted zone from South to North, off TCO Harbour. After
chasing for approx 20 minutes suspicious FGD was intercepted
in location approx 1.6 NM off Flag Staff Point and stopped.
Events took place subsequently with regard to this incident
is submitted below in chronological order;
a. 1150
hrs - Suspicious LTTE FGD intercepted and stopped. Three occupants
in plain clothes carrying hand held com set declared themselves
to be LTTE members and carrying high explosives in a container
from Batticaloa to Mullativu.
b. 1155
hrs - SLN craft informed that they are under arrest and ordered
them to permit SLN to carry out a detail search of the craft.
LTTE refused and threatened with suicidal explosion if SLN
boarded craft.
c. 1200
hrs - SLMM office in TCO informed of incident and requested
presence of Naval monitors immediately.
d. 1215
hrs - 02 SLMM monitors arrived at Dockyard and reached location
by SLN craft at approx 1250 hrs. SLMM also failed in persuade
LTTE members to present themselves for search and apprehension
by SLN.
e. 1300
hrs - LTTE, SLN and Monitors in location represented their
situation to higher authorities. However after much persuasion
by SLN personnel in location LTTE agreed to present their
craft for search by SLN.
f. 1430
hrs - SLMM monitors indicated suggestions of Head of SLMM
to release boat with one LTTE member and two members with
explosives to surrender to SLN for Police action. SLN has
rejected this suggestion and insisted LTTE boat to surrender
for Police action.
g. 1835
hrs - After much discussions and negotiations SLMM determination
was received to release one LTTE member along with the boat
to SLMM custody and two LTTE members with explosives to be
surrendered to SLN for Police action. (Head of SLMM determination
is attached herewith.)
h. 1840
hrs - LTTE boat with member Ranjan (LTTE ID. No. 05056) released
to SLMM custody and on instructions of monitors LTTE boat
was escorted up to Illankanthai. (17 feet FGD, HP Yamaha Enduro
OBM with approx 100 lts of fuel was released)
i. 1930
hrs - Following LTTE personnel and items found onboard handed
over to Harbour Police for action.
Persons Ramanan - LTTE ID No. 07818
Wan Mukilan - LTTE ID No. 05336
Items
Explosives Canister - 01
(Plastic 40 Lts can)
Bicycles - 03
Comm Set - 01
2. SLN
considered this incident of LTTE members carrying explosives
and communication equipment being at sea and crossing the
restricted zone off Trincomalee Harbour is a gross violation
of CFA. In addition carrying explosives is an act against
the existing law of the land.
3. At
this incident SLN has performed their legitimate task of safe
guarding sovereignty and territorial integrity by arresting
a boat carrying warlike material at sea and in restricted
zone. SLN has sincerely honoured the spirit of CFA by refraining
any form of offensive action and exercised maximum restraint
when LTTE members threatened to commit suicide and refused
to prevent themselves for search.
4. The
possession and transport of explosives is considered a serious
offence committed against national security. Hence, in order
to resolve this issue in a justifiable manner without using
force the assistance of monitors was requested. The Monitors’
intervention has finally resulted in resolving the issue in
a manner prejudice to the law of the country in which the
boat and a person involved in a serious offence was released
by the determination of the Head of SLMM.
Thus the
jurisdiction of the courts of Sri Lanka appears to have been
seriously infringed on an incident so vital to the national
security of Sri Lanka. However the SLN Rep in location with
approval from NHQ has honoured the determination given by
the Head of SLMM and acted accordingly.
5. It
is further reiterated that prior to arriving at any determination
by SLMM, SLN has requested and insisted that LTTE boat with
crew should present themselves to Naval custody and subsequent
Police action and release of any person and boat to be decided
upon in accordance with the law of the land.
6. It
is recommended that MOD be appraised of this situation and
request Head of SLMM in Colombo to make a careful assessment
on this incident and the circumstances, which led to the release
of LTTE member with FGD, by the intervention of SLMM, in order
to ascertain whether all the parties involved in this incident
has acted impartially and in good faith upholding the best
interest of the objective of CFA without prejudice to the
feelings of any of the parties to conflict and with due respect
to the jurisdiction of Sri Lanka.
Sgd.
S.R SAMARATUNGA, RSP, USP,psn
Commodore
Deputy Area Commander (E)
for COMMANDER
EASTERN NAVAL AREA |
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Navy
Chief receives SLMM report under protest
The SLN was compelled to accept the determination of the SLMM
under protest says Navy Chief Vice Admiral Daya Sandagiri
in a letter dated May 11 to Defence Secretary, Austin Fernando.
Here is the full text. See story on this page.
The Secretary
Ministry of Defence
Colombo
VIOLATION OF THE MOU BY LTTE ON 8TH MAY ATTRINCOMALEE
Reference: Commander Eastern Naval Area letter No. CE 070/1/2
(B) dated 9th May 2003 (Copy attached)
1. The
SLN was compelled to accept the determination of SLMM on above
incident under protest despite the following;
(i) The boat with 3 LTTE cadres was intercepted within the
restricted zone in Trincomalee. It was carrying explosives,
thus contravening article
1.7 of
the MOU.
(ii) The boat was carrying communication equipment onboard
which was also a contravention of MOU article 1.7
(iii) When attempts were made to check the boat, the LTTE
cadres, threatened to commit suicide. The article 1.2 (a)
of MOU relevant.
2. When
the HOM of the SLMM, stated in his report that the SLN intercepted
a fishing boat manned by LTTE, it was a deliberate attempt
at establishing misleading information. The reason being that
the members of the SLMM themselves witnessed that the boat
had neither fishing gear nor fish on board.
3. The
SLMM, having discussed with LTTE hierarchy, imposed pressure
on the SLN to release a very important cadre, responsible
for many offensive actions against the Navy and is at present
engaged in monitoring the movements of SLN vessels at sea.
4. The
possession and transport of explosives are considered gross
violation of the MOU and a serious offence committed against
the national security. The SLMM intervention has finally resulted
in resolving the issue in a manner that violates the law of
the country - in which the boat and a person involved in a
serious offence were released by the determination of the
HOM of SLMM.
5. In
this incident the SLN has performed their legitimate task
of safeguarding the sovereignty and territorial integrity
of the country and subsequently has honoured the spirit of
the MOU and acted with maximum restrain.
However the SLN reiterates that determinations of this nature
by SLMM would not be any longer acceptable to the members
of SLN and to the country in view of their gross contradiction
and disregard for the real situation.
6. In
view of the above it is respectfully observed that the government
of Sri Lanka maintains the status quo without prejudicing
national security, territorial integrity and sovereignty of
the nation.
Sgd.
DWK SANDAGIRI VSV, USP,rcds,psc
Vice Admiral
COMMANDER OF THE NAVY
Copy to: i. Director General, SCOPP
ii. Head of Mission, SLMM
Commander Eastern Naval Area
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