Friday, October 07, 2005

Court of Inquiry confirms Commission probe

The Daily News in its issue of Saturday December 20, 2003 pointed out the similarities of the findings of the Presidential Commission of Inquiry into the Aturugiriya Raid and that of the Army's Inquiry into the same incident. Defence Columnist Iqbal Athas of the Sunday Times collaborated our story yesterday in an article under the above title. It said:

The UNF wants to call for a Parliamentary Select Committee to examine the findings and recommendations of the Commission of Inquiry into the Army's Safe House at Athurugiriya and the Army's own Court of Inquiry that preceded it.

This is the Front's response to the Commission's findings being made public by the President's Office two weeks ago. The Commission has made scathing indictments against ASP Kulasiri Udugampola and a group of Army officers over the raid which it says was a "total betrayal and absolute treachery to the nation." The highest ranking Army officer on whom indictments have been made is Maj. Gen. Ivan Dassanayake.

Among other matters, the UNF wants the Select Committee to ascertain whether the recommendations made by the Court of Inquiry or the Commission "infringe and or interfere with the rights and privileges of Parliament and or any of its members." Another is to ascertain whether any findings or recommendations relate to "any matter under adjudication by any Court of Law."

Even the Court of Inquiry, which was held before the Presidential Commission had concluded that the Army's Safe House was engaged in legitimate counter terrorist activity. This finding also put paid to widespread claims by sections of the media that the Safe House was illegal and did not engage in attacking Tiger guerrilla targets in the East. In their opinion/recommendations, The Sunday Times learns, the Court of Inquiry declared:

"The DMI (Directorate of Military Intelligence) has been carrying out covert offensive operations from beginning of 2001 in the Eastern Province. For these operations, weapons, explosives and other military equipment have been drawn with proper authority adopting the laid down military procedure."

Dealing with "OTHER MATTERS," the Court of Inquiry has said that:

"A paper article appeared in "Lankadeepa" newspaper on 10th Nov. 2001 of an alleged plan to assassinate a rival politician of the then Government using a Thermobaric weapon. The said article was published the day after the test firing of this particular weapon at the Panaluwa Range. During the inquiry, it transpired that a group of civilians had been present with a Warrant Officer of the Sri Lanka Army Service Corps (SLASC) at the pistol firing range adjacent to the main range when the Thermobaric weapon was tested.

"The DMI stated another incident where an unauthorised person had visited the safe house on 01 January 2002 at Athurugiriya and also that some persons had been inquiring the address of its location about two weeks prior to the raid by the Police. This incident was confirmed by Captain Nilam in his statement that a MI (Military Intelligence) person whose name unknown to him had visited on 01st Dec. 2001.

"The court recommends both the above incidents be investigated for breach of security and leakage of secret information.

"The court perused the paper article published highlighting an alleged assassination plan of a VVIP using Thermobaric weapons. The Court after investigating into this aspect, finds that the movement of weapons and the men had been carried out only for operational purposes to Batticaloa area with the authority and concurrence of the DMI (Director, Military Intelligence). The day to day movement of the particular weapons and men were identified from the date weapons were acquired by the MI team before arriving at the above conclusion."

The Court of Inquiry was appointed on a directive from then Defence Minister, Tilak Marapana. The Army Commander is learnt to have formulated the composition of the Committee in consultation with then Defence Secretary, Austin Fernando. It comprised Maj. Gen. Ivan Dassanayake, Brigadier M.R.W. de Zoysa, Col. K.A.N.S.K.A. Dharmaratne and Col. J. Pathiratne.

A copy of the Court of Inquiry report had been sent to Prime Minister, Ranil Wickremasinghe on July 2, last year. Later, on his instructions then Defence Secretary Mr. Fernando wrote on July 19 informing the Army Commander that the Premier had wanted him to take action on some aspects brought out in the Court of Inquiry report. These related to several minor lapses. This led to the appointment of another Court of Inquiry. The latter confirmed the involvement of some Army officers in the leakage of information.

Although the Commission report said only 23 operatives and informants had died since news about the Safe House became public, official military records place the figure at over 44 persons. There were also 31 attempted killings and 17 abductions.

Contrary to claims by some UNF politicians that the killings of operatives and informants was not related to the Safe House fiasco, investigations by The Sunday Times revealed it indeed was linked to it.

The first informant to be killed by Tiger guerrillas soon after news of the Police raid on the Safe House spread was V. Vidyarthan. He was abducted by guerrilla intelligence cadres on January 16 and was killed four days later. He was one of the informants assisting Captain Nilam who was heading the LRRP team. It was revealed that during four days of detention. Vidyarthan had been tortured during debriefing sessions. Consequently the guerrillas had obtained information including identities of civilians who were helping the LRRP team operating in guerrilla dominated areas in the East. That was how the guerrillas began their killing spree.

(http://www.dailynews.lk/2003/12/22/new16.html)

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