Navy
between bravery and brickbats
Overcast
skies did not deter the officers and men from lining up at the Gun
Boat Pier at the Dockyard in Trincomalee - home for Eastern Naval
Area Headquarters - last Sunday. Though the seas outside were exceedingly
choppy, the inner harbour waters were relatively calm. The gentle
breeze that wafted across was caressing.
The
Tiger guerilla cargo vessel tows a heavily laden boat |
When the Navy
band, assembled in their white regalia, struck the strains of late
endearing maestro C.T. Fernando's enchanting oldie, Hela
Jahtika Abimaney, the patriotic fervour it generated
seemed difficult to contain. Tears welled into their eyes. They
were choking with emotion.
Many tried
hard to hide their feelings. One or two brought out their handkerchiefs,
ostensibly to freshen up their faces. In fact they were wiping away
the tears on their cheeks. They were tears of joy during that traditional
naval ritual - Manning the ship. The occasion
was welcome home for some 150 officers and men in five naval vessels.
They had successfully accomplished an operational task - search
and destroy Tiger guerrilla cargo ships loaded with military hardware
in the deep seas off north-east.
The LTTE cargo vessel |
In a scene reminiscent
of a war movie, SLNS Nandimithra, a former
Fast Missile Vessel (FMV) of the Israeli Navy, secured to a buoy.
Senior officers boarded a boat. Four other Fast Gun Boats (FGBs)
came alongside the Gun Boat Pier and the men began to alight.
Those lined
up at the pier stood to attention. The band struck to the strains
of another Sinhala golden oldie, Latha Walpola's Peradiga
Muthu Eta Yai Mey. Rear Admiral Wasantha Karannagoda,
Commander, Eastern Naval Area (COMEAST) shook hands with the returning
officers after they saluted him.
With the ceremonial
rituals over, emotions peaked as there were hugs and handshakes
all round. That was how the Navy men at Trincomalee paid tribute
to their colleagues who had engaged themselves in a daring deep
sea drama to prevent Tiger guerrillas from amassing more weaponry
and becoming much stronger.
If that action
boosted the morale of their own men, those in other state security
arms and even their fellow countrymen, it was short lived. Just
two days later, in an unprecedented move, some unidentified members
of the ruling United National Front cabinet called the Navy attack
an act of sabotage - a sobriquet now labelled lavishly on those
responsible for any statements or actions not pleasant to them over
the ongoing peace process.
The accusations
were reportedly made at "a special meeting of Ministers"
held in Parliament on June 17 according to state run Daily
News, Rupavahini and Independent Television Network (ITN)
among others. Significant points made in these reports were that
Defence Minister Tilak Marpana and Chief of Staff of the Navy, Rear
Admiral Mohan Wijewickrema "did not know anything about the
incident until it was over."
A Government
inquiry is reportedly under way to ascertain how and why Mr Marapana
came to be left out, a serious omission indeed. But The
Sunday Times has learnt that Rear Admiral Wijewickrema
was fully aware of the Navy operation from the time news arrived
about the suspicious vessels. However, there had been complaints
of serious lapses by subordinate command in keeping him up to date
about developments after the operation to search and destroy the
vessels was launched.
Another inquiry
is also reportedly under way to ascertain why Rear Admiral Wijewickrema
was not officially appointed acting Commander of the Navy as on
previous occasions. Vice Admiral Daya Sandagiri was away on a visit
to the US Pacific Command in Hawaii. However, Rear Admiral Wijewickrema
did play a lead role by initiating action after information was
received.
In probing
how Defence Minister Marapana came to be left out, a serious lapse,
it would be pertinent to ask whether some of the major causes that
fuelled and exacerbated internecine rivalry at the highest levels
of the Navy hierarchy would be examined even at this late hour.
If this is done, factionalism or other parochial issues that override
national interests can easily be avoided from the lessons learnt.
It is now public
knowledge that sharp differences of opinion arose between the Commander
of the Navy, Vice Admiral Sandagiri and his number two, Chief of
Staff, Rear Admiral Wijewickrema. When a Sunday newspaper highlighted
allegations of misdemeanour against Rear Admiral Wijewickrema and
other senior officers associated with him, he made representations
to Defence Secretary, Austin Fernando.
As the senior-most
bureaucrat responsible for security forces one would have expected
him to resolve the matter. Instead, he advised them to go to the
same newspaper and relate their side of the story. (Situation
Report - August 18, 2002). They did. It is not unusual
for feuding and factionalism to occur in security establishments.
But after the exposure it received, the fact that there was open
feuding between number one and two in the Navy leading to factionalism
became public. That is not all.
The matter then
went to court where some of the officers concerned declared in affidavits
that Mr. Fernando had not only advised them to go to the newspaper
in question. He had also later advised them to seek legal remedy.
Whilst the case was pending in courts, it is no secret that factional
rivalry intensified.
Eventually
it took none other than Defence Minister Marapana to undo the colossal
damage his own Secretary had caused, either out of inexperience
or lack of foresight. He negotiated a rapprochement between the
two senior-most officers and ensured that an amicable settlement
was arrived in courts. The case was withdrawn. One would have thought
things had settled down. Sadly it was not be.
There is no
gainsaying whoever was responsible for not informing Defence Minister
Marapana deserves a severe reprimand. But that very serious lapse
apart, to accuse the Navy of sabotage is a puerile attempt that
has serious and sinister connotations. Is this not a veiled warning?
Not only to the Navy, but the Army, Air Force and even the Police
not to act hard on Tiger guerrillas? Accusing them of sabotage,
by implication, is charging them of being anti-national and warning
them not to resort to any lawful actions that are their responsibility.
What is the
Sri Lanka Navy's crime to earn the accusation of being saboteurs?
At dawn on June 14, 2003, the five Navy vessels were tracking guerrilla
ships attempting to smuggle military hardware.
One cargo vessel
identified itself as "MV Soshin"
and claimed they were heading from Surabaya in Indonesia to Belize,
the former British Honduras, a Central American nation third the
size of Sri Lanka, located near Mexico. Navy Headquarters checked
the facts and found they were false. After a gun duel, the vessel
exploded and sank.
The five Navy
vessels were deployed in the operation despite several shortcomings.
Since the Ceasefire Agreement of February 22, 2002, requests by
the Navy for spares for its fleet or to replenish other requirements
have not been forthcoming. There had been no positive response from
the Ministry of Defence.
In executing
operations to apprehend Tiger guerrilla weapons shipments, it is
relevant to mention that the Navy has learnt the hard way that absolute
secrecy is essential. Even the need to know principle on which information
was shared with a limited circle had to be restricted. This was
after information they were compelled to share with some foreign
entities it turned out, had reached the Liberation Tigers of Tamil
Eelam (LTTE). This not only compromised their operations but also
their sources. The details of the damage caused are too sensitive
to reveal.
Here is an
account pieced together by The Sunday Times
on how the Navy's latest operation was carried out.
The Sri Lanka Navy received credible information that two Tiger
guerrilla cargo ships, each towing a heavily laden boat, were heading
towards Sri Lanka through the north-eastern deep seas. Among the
cargo were 23 mm anti-aircraft guns, assorted ammunition including
artillery shells and surface-to-surface missiles, ones which could
be used to attack battle tanks and ships.
The two cargo
vessels were said to be around 600 tons deadweight - much the same
as "MV Koimar" which the Navy
sank in the deep seas off Mullaitivu on March 10. The two brand
new boats, said to be around 18 metres each and equipped with fifty
calibre (.50) guns, are learnt to have been manufactured in an unknown
foreign country. They were being delivered for use by Sea Tigers,
the newly emerging naval arm of the LTTE in the Indian Ocean.
The boats were
being towed by the cargo vessels only until they reached a distance
from where their own fuel capacity would enable it to move independently.
Navy Headquarters sent out a Grouper (a highly riddled, coded) signal
to Eastern Naval Area Headquarters in Trincomalee on Friday evening
(June 13) conveying the information. They went into action.
Four Fast Gun
Boats (FGBs) - Ranawickrema, Ranajaya, Prathapa
and Udara were rushed to the general area some 150 to 200 nautical
miles north east of Trincomalee. Later, a signal was sent out to
SLNS Nandimitra, then on a routine assignment
off the Mullaitivu coast, to divert course and join the four Fast
Gun Boats. It cut through the choppy seas on Friday when its radio
crackled close upon midnight. It was a message from Prathapa.
The radar on this FGB was recording echoes denoting the presence
of vessels in close vicinity.
SLNS
Nandimithra radioed Udara
and Ranajaya, which were in the close
vicinity to join Prathapa. It was well past midnight when more news
arrived. This time, whilst speeding to join Prathapa,
men on board Ranajaya, looked through
their night vision device. They saw a cargo vessel towing a heavily
laden boat. They said the boat was mounted with a fifty calibre
(.50) gun.
As hours went
by, SLNS Nandimithra established radio
contact with COMEAST and was reporting developments. Soon after
conveying what was already relayed by Ranajaya,
more reports were reaching COMEAST from SLNS Nandimithra.
The merchant vessel had broken loose of the boat presumably upon
noticing the presence of naval craft. It had fired its own engine,
turned around and begun moving in the opposite direction. This was
some 175 nautical miles north east of Mullaitivu.
SLNS
Nandimithra radioed Prathapa
and Ranawickrema to join her to pursue
the boat. They wanted to round it up by morning. Udara
and Ranajaya were directed to follow the
cargo vessel.
It was Ranajaya
that succeeded, after several attempts, to make radio contact with
the suspect cargo vessel. Asked to identify itself, a heavily accented
voice gave the name as MV Soshin. He said
they were proceeding from Surabaya and were headed for Belize. Since
communications from Ranajaya were inaudible
to COMEAST, they were relayed via SLNS Nandimithra.
COMEAST in turn contacted Navy Headquarters.
The information
was verified with Lloyds of London, which has an online tracking
of ships globally via satellite. The name given turned out to be
false. So were the destinations. If the voice in the cargo vessel
that responded to the call had an accent described by a Navy source
as resembling someone who spoke Tamil, the false information provided
was again a common guerrilla ploy.
On January
16, 1993, when the Indian Coast Guard intercepted an LTTE ship,
an incident that led to the death of former Jaffna "Commander,"
Sathasivam Krishnakumar alias Kittu, it turned out that the vessel
had undergone several name changes. The original name of the vessel
MV Emerald had changed from MV
Ahata, MV Yahat to MV Ahat.
Similarly another vessel, MV Ilyana was
changed to MV Francis, MV
Sunbird and MV Omros.
Similarly,
in the radio conversation between the Navy and those on board the
LTTE vessel MV Koimar on March 10, this year, before it was sunk,
the latter identified themselves as Motor Tanker Warlos heading
for an Indian port. Both Udara and Ranajaya
reported (through SLNS Nandimithra) that
some men on board the cargo vessels were throwing packages into
the sea. This was whilst moving in a south easterly direction.
Just then the
most unexpected happened. All three power generators on board SLNS
Nandimithra packed up cutting off all radio communications.
Updating these generators was one of the issues Vice Admiral Sandagiri
had raised with the Ministry of Defence. Like all other requests,
it had fallen on the deaf ears of the bureaucracy there.
SLNS
Nandimithra was manufactured in 1980. While in service
in the Israeli Navy it was named INS Komemiut.
This procurement was made under the tenure of the People's Alliance
Government. At that time, when I raised queries in these columns
about the wisdom of purchasing a 20-year-old vessel (together with
another, former INS Moledet, manufactured
in 1979 and later renamed SLNS Suranimala),
the Competent Authority overseeing the tight censorship issued a
written warning to The Sunday Times. He
charged that the references violated the self-censorship that was
in force then. (Situation Report - March
4, 2001).
Before the
communications blackout, COMEAST had rushed four more Fast Gun Boats
to form a barrier some 80 nautical miles east of Point Pedro to
look out for the boat. This is whilst Northern Naval Area Commander,
Rear Admiral Nandana Tuduwewatte, deployed a fleet of six Fast Attack
Craft (FACs) in the waters off the shores between Point Pedro to
Mullaitivu for the same purpose.
After men worked
hard and got the generators going, radio communications resumed.
It was near dawn when Udara and Ranajaya
were ordered to fire warning shots over the bow of the cargo vessel
in accordance with Rules of Engagement (RoE) issued to the Navy.
According to
a senior source at the Eastern Naval Area Headquarters, it was 15
minutes to 6 am (on Saturday, June 14) when the cargo vessel opened
fire at Ranajaya. He said a sailor was
wounded. The incident came at the end of an hour after the vessel
was trailed.
"One of
the FGBs hit back. There were loud explosions from the midship area.
The cargo vessel began listing heavily to one side and began to
sink," the source explained.
According to
the same source, Sri Lanka Monitoring Mission (SLMM) was informed
barely half an hour after the incident occurred. Nearly an hour
later, after dawn, SLMM members were taken by patrol craft P 416
to scene. Later SLMM members made other trips. By then, SLNS
Nandimithra changed course and proceeded to the scene.
Prathapa and Ranawickrema
were left to continue their chase for the fleeing boat. They later
lost track of it. When SLNS Nandimithra
arrived at the scene, they saw more explosions. Fire had engulfed
the entire vessel. By 9 am it sank to the ocean floor, some 3000
metres or three kilometres below.
By then aircraft
from the Sri Lanka Air Force as well as Dorniers from the air arm
of the Indian Navy were scouring the skies. SLNS Nandimithra and
SLAF aircraft noted there were no survivors to be seen. Later Director
of Naval Operations, Rear Admiral Sarath Weerasekera, sent out a
signal to COMEAST. This is what it said:
DTG 1418450603
From: NHQ to COMEAST
Information: Nandimithra
Classification: Secret
Procedure: Priority
Manner in which
the LTTE arms ship was dealt with by a well co-ordinated effort
is highly commendable. Navy has continued to perform her pressing
role effectively and preserve the territorial interests of Sri Lankan
waters. Bravo Zulu. Despatch preliminary report to reach NHQ by
1200/15. Please continue search by a well planned exercise for the
missing boat which was detached from the LTTE ship tomorrow. Liaise
with SLAF and give co-ordinates of air surveillance for Indian Dornier
air search to be given to NHQ Ops Room to be relayed to Indian Navy.
In
mid May, the Navy received credible information that a cargo ship
loaded with military hardware and towing a heavily laden boat was
heading for Sri Lanka. Naval craft were able to track them at a
point over 150 miles east of Mullaitivu and even photograph it.
But they soon lost track of it. Whether the ship abandoned course
due to inclement weather that prevailed or after finding out it
was being trailed is not clear.
But,
this time, instead of one cargo vessel and a boat, the credible
information received by the Navy was about a pair each. Yet, the
Navy was able to detect only one pair. Did the second pair become
aware of Naval movements? Or did they make a late start? The answers
are still not clear.
Thus ended
a deep sea drama that spoke of the heroism of the Navy men who ventured
into deep seas to do their sacred duty - protect Sri Lanka's sovereignty
and territorial integrity. They were ably assisted by the Indian
Navy in this task. Another feather in the cap of Vice Admiral Daya
Sandagiri indeed. Navy's critics and even apologists for the LTTE
argue they may have engaged the guerrilla vessels in waters beyond
Sri Lanka's 200 nautical miles Exclusive Economic Zone (EEZ). They
claim that the Navy had no legal authority to engage any enemy vessels
outside this EEZ limit. However, the San Remo Manual on International
Law Applicable to Armed Conflicts at Sea (June 12, 1994) permits
hostile "actions by Naval forces" in "the high Seas."
This Manual is formulated under the aegis of the International Committee
of the Red Cross (ICRC). It chronicles International Rules of the
Law of Armed Conflicts at Sea (see box story on below
for details).
It is for their
brave deeds that the Navy has been accused as saboteurs. Stupidity
in post independent Sri Lanka seems to have reached such low levels
that one has to ask whether those making the accusations are not
living in a fool's paradise. Time will tell. It sure will.
Austin
heeds security advice, leaves Jaffna
Defence Secretary Austin Fernando arrived at the Palaly airbase
in Jaffna that Saturday morning of June 14, in a routine Sri
Lanka Air Force (SLAF) Antonov 32 flight carrying troops.
Even
before he drove from his Gregory's Avenue official residence
to board the flight, from the SLAF base at Ratmalana, he had
heard the news. The Navy had once again sunk a Tiger guerrilla
weapons ship. Soon after touch down there was more news. Tiger
guerrilla hit men, in their stepped up campaign to eliminate
rivals, had gunned down Thambirajah Subathiran alias Robert,
the deputy leader of the Eelam People's Revolutionary Liberation
Front (EPRLF). This was in Jaffna.
The two
events seemed too much. Mr. Fernando who had a few chores
including meetings with leading citizens with close ties to
the guerrilla leadership, was forced to abandon his mission
and return to Colombo. It was perhaps one of the short lived
among his visits to the north.
The reason
- senior officials at Security Forces Headquarters (SFHQ)
in Jaffna had advised against his travel by road in the Jaffna
area. One source at the SFHQ explained if he wanted to travel,
he was to be asked to choose only one engagement. "We
were planning to take him on one route and bring him back
through another under heavy security. Before that, he took
our advice," the source said. The advice was to ensure
his personal safety.
The tragic
irony is the fact that Mr. Fernando was seeking the safety
of his life from the very men he had gone out of the way to
placate in the past 16 months of the ceasefire - those of
the Liberation Tigers of Tamil Eelam (LTTE).
It was
Mr. Fernando who ordered that the Commanders of the Army and
Navy sit together as equal partners with guerrilla cadres
in camouflage uniform during a prisoner exchange in the no
man's land at Omanthai, north of Vavuniya, on September 18,
last year. It was he who set up an official Committee to expedite
the release of equipment for the LTTE to set up a modern radio
broadcasting station in the Wanni. It was he who went to a
Colombo nursing home with bagful of apples to visit a guerrilla
leader undergoing treatment for tuberculosis. The list is
unending.
And now, it is Mr. Fernando, the country's top most bureaucrat
responsible for the nation's security forces, who felt it
unsafe to travel in Jaffna. Of all things, it was for fear
of a threat to his life.
Not even
the security forces top brass in the area, perhaps for no
fault of theirs, were in a position to guarantee protection
for him to complete his engagements. Must anything more be
said about the high degree of Tiger guerrilla infiltration
into the "controlled areas" of the Jaffna peninsula
and the increased military power they have begun to wield
there. Armed hit squads are roaming freely, gunning down political
opponents. The Security Forces and the Police, like in the
City of Colombo and suburbs, are helpless. It has now been
deemed unsafe for the Defence Secretary himself.
That
is in the peninsula where security forces installations have
been pruned down to half their strength after the ceasefire.
The message is clear - anyone who is an LTTE target can no
longer move around in "liberated" Jaffna peninsula.
Much the same as how things are in the Tiger guerrilla dominated
Wanni.
After
his return to Colombo, Mr. Fernando was busy with an inquiry
of different sorts - who in the Sri Lanka Navy tipped off
President Chandrika Bandaranaike Kumaratunga, the Commander-in-Chief,
about the Navy's attack on an LTTE weapons ship. He spoke
at length to many Navy officers to find the answer.
It was
not only because of reported contradictions in the UNF Government's
own position and that of President Kumaratunga statement on
the incident. There was also the complaint that Defence Minister,
Tilak Marapana, was not told of the attack till it occurred.
Last
Monday night, Prime Minister Ranil Wickremasinghe conferred
with the service chiefs on matters relating to the attack
on the ship. On Tuesday, President Kumaratunga met the service
chiefs together with their field commanders for the north
and east.
Rules
of armed conflict at sea
A Manual of International Law Applicable to Armed Conflicts
at Sea formulated by the International Committee of the Red
Cross (ICRC) clearly sets out the "areas of Naval Warfare."
It says:
"Subject to other applicable rules of the law of armed
conflict at sea contained in this document or elsewhere, hostile
actions by naval forces may be conducted in, on or over;
(a)
the territorial sea and internal waters, the land territories,
the exclusive economic zone and continental shelf and, where
applicable, the archipelagic waters, of belligerent States;
(b)
the high seas; and
(c)
subject to paragraphs 34 and 35, the exclusive economic
zone and the continental shelf of neutral States.
The parties
to the conflict are encouraged to agree that no hostile actions
will be conducted in marine areas containing:
(a)
rare or fragile ecosystems; or
(b)
the habitat of depleted, threatened or endangered species
or other forms of marine life.
In carrying
out operations in areas where neutral States enjoy
sovereign rights, jurisdiction, or other rights under general
international law, belligerents shall have due regard for
the legitimate rights and duties of those neutral States."
Paragraphs
34 and 35 referred to above are: "34. If hostile actions
are conducted within the exclusive economic zone or on the
continental shelf of a neutral State, belligerent States shall,
in addition to observing the other applicable rules of the
law of armed conflicts at sea, have due regard for the rights
and duties of the coastal State, inter alia, for the exploration
and exploitation of the economic resources of the exclusive
economic zone and the continental shelf and the protection
and preservation of the marine environment.
They shall,
in particular, have due regard for artificial islands, installations,
structures and safety zones established by neutral States
in the exclusive economic zone and on the continental shelf.
"35.
If a belligerent considers it necessary to lay mines in the
exclusive economic zone or the continental shelf of a neutral
State, the belligerent shall notify that State, and shall
ensure, inter alia, that the size of the minefield and the
type of mines used do not endanger artificial islands, installations
and structures, nor interfere with access thereto, and shall
avoid so far as practicable interference with the exploration
or exploitation of the zone by the neutral State. Due regard
shall also be given to the protection and preservation of
the marine environment.'
"The
law regulating the use of force at Sea the ICRC notes has
long been due for a re-evaluation in the light of developments
in methods and means of warfare at sea and the fact that major
changes have taken place in other branches of international
law of direct relevance to this issue." The SAN REMO
MANUAL can be accessed on ICRC Website www.icrc.org |
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