Proceedings of public sittings of the Commission of Inquiry on Lessons Learnt and Reconciliation appointed by His Excellency the President in terms of Section 2 of the Commissions of Inquiry Act. Venue: Ottamavadi Divisional Secretariat Date: 10th October, 2010

Members of the Commission Mr. C.R. de Silva, PC, (Excused) Mr. H.M.G.S. Palihakkara, Member (Presided as Chairman) Dr. A. Rohan Perera, PC, Member Prof. M.I.M. Bafiq, Member (Excused) Prof. Karu Hangawatte, Member Mr. C. Chanmugam, Member Mrs. Manohari Ramanathan, Member Mr. M.P. Paranagama, Member

Witness 1. I am 64 years old. I am drawing my pension. I was a watchman in the Pradesha Sabha. On 28/8/2008 at about 8.00 PM, my son X1 a white van and a Pajero jeep, broke into the house by jumping over the fence and abducted my son. Up to now I have no information concerning him. We have complained to the Police and Human Rights Commission but so far we have no information about him. I informed the Kalkudah Police on 29/8/2008. At that time his wife was with him and child who is 1 ½ years old was at home. How many check points and how many Police and Army cadres are there, how we can guess. Our lives our threatened. There is no need for confidential discussions. Can you help me to find the whereabouts of my son and bring him back to me. He has two children and we are looking after those children. Mr. Palihakkara. Your wife saw the abduction so does she know anything about the persons involved. Witness 1. She knows the identity of the people, but she has been threatened that if she reveals the identity of the people she would be killed. Because of the threat to her life she too has gone abroad and we have no information about her too. Mr. Palihakkara. We understand your problem and we will try to help.

Witness 2. I am 31 years old. My husband X2 wanted to go abroad and he was travelling to Colombo. On 12/1/2007 he was travelling to Colombo. We were informed that he was arrested 1

on the way and we have been looking for him everywhere. He was staying at South Asian Lodge in Fort. He was arrested while he was there. There were 4 people staying with him. Some people had arrived in a white and abducted them. Mr. Palihakkara. Who had seen that. Witness 2. The Lodge Manager had told us. Dr. Perera. Who were the other four. Witness 2. People from Batticaloa Town and Chenkalady were with him. The agents were also taken. One of the four was the Agent. Mr. Palihakkara. Do you know anything more, such as who arrested him whether it is the Police or Army. Witness 2. Some people had arrived at the Lodge in the morning and had asked the Manager whether there were some people from Batticaloa and where are they. They arrived again at about 12.00 and took them. They were ready to come back to Battticaloa when they were arrested. Dr. Perera. Who gave you this information. Witness 2. The Lodge Manager. Mr. Palihakkara. Do you know the name of the Lodge Manager so that we can get more information. Witness 2. No. Mr. Palihakkara. Have you received any other information about your husband. Witness 2. No I did not get any information from anywhere. Mr. Palihakkara. information.

We understand your situation in your plight, but we need to get more

Witness 2. I have given the details. Witness 3.

I am 41 years old.

Dr. Perera. What is your profession. Witness 3. I work at the Divisional Secretariat as a Translator. I will give my evidence in English but if I find it difficult I would speak in Tamil. For the last 10 years we have faced an ethnic 2

crisis in this country. Sometime back the government in power made a ceasefire agreement with the terrorist group. During the war as well as during the ceasefire period the Muslim society was one of the societies that were affected during both periods. I can produce a lot of evidence regarding the losses of the Muslim society during the said periods. When we consider the losses with other societies the Muslim society suffered losses similar to the Tamil and Sinhala societies. I live in the Koralapattu Divisional Secretariat area and the vast loss has been the land loss. Historical lands have been lost during the period of the war. When this Divisional Secretariat was gazetted ,13 Grama Niladari Divisions came under this Divisional Secretariat. When we see the ration of the population of this area it is less land allocated to the Muslim community. Out of the 13 Grama Niladhari Divisions at least 8 can be specified as residential lands but the other 5 divisions, especially for cultivation lands. After that when the government created the new Divisional Secretariat , the 5 divisions set out for cultivation was separated from this Divisional Secretariat and was linked to the new Divisional Secretariat in 2002. The divisions are Wadamunai, 2010A, Kalaicha 2010A, Udachenai 2010 A/2, Punanai 2010E and Wahaneri 2010. These are the Grama Niladhari Divisions which were separated. I have enough evidence to prove that these divisions belong to this Divisional Secretariat . If you want I can submit all documents in proof of what I am saying. Prof. Hangawatte. Please go ahead and give the documents later. Witness 3. I want to mention here that these divisions were separated in 2002 but as a Muslim we can’t go against this separation because we are under control of the LTTE and there was a war which was continuously going on so at the same time during the war period the LTTE controlled certain areas but the CFA the LTTE was not controlled, they could have to gone to any area they wanted so if we go against the separation of these divisions during the war period we would have faced problems with the LTTE, therefore we did not go against the separation of these divisions for fear of tense terrorists. Dr. Perera. Just to get a clarification, you said separation took place during the time the LTTE was in control and you were in no position to object. Witness 3. Normally we object but because of the fear of LTTE we did not object. Dr. Perera. So after the Eastern Province was cleared and government control was restored was there any change and did you make representations to the government concerning these separations. Witness 3. Since the Eastern Province was liberated we have continuously sent out letters and have from the concerned authorities to give back the divisions which were separated from this Divisional Secretariat in 2020 but up to now we have not succeeded. 3

Dr. Perera. So that situation which the LTTE brought about still continues. Witness 3. Yes. Mr. Palihakkara. We understand your issue about the land, what are the other problems the Muslims are facing after the defeat of the LTTE. Do you have any other problems which you like to tell us. Witness 3. As a government officer I want to speak with you privately. Mr. Palihakkara. You are most welcome to do so and we will call you later, so please stay. The authority given to us by HE the President gives us the legal authority to talk to anyone privately so it’s absolutely correct. Witness 3. What I mentioned here are the common issues. This is not for me but I submitted this on behalf of my community but any other society should not blame me for what I said. But there are other points which I want to submit which would affect other people. Witness 4. I am a fisherman. I am 42 years old. Our Sinhala fishing village of Wellawadi in Kalkudah was evacuated by us in 1990 because of the LTTE problems and we went to Trincomalee by ship. Having arrived in Trincomalee after 9 days there were problems so we hired a lorry and came to Habarana junction, some went to Polonnaruwa and nearly 60 to 70 families went to Maggona, Beruwela and Tangalle. Because of the situation freturning to normalcy as a result of the actions taken by HE the President about 15 to 20 families have come back to this fishing village. Mr. Palihakkara. When did you come back. Witness 4. Nearly 8 months ago. Mr. Palihakkara. That means at the beginning of this year. Witness 4. Yes. About 3 months Hon’ble Minister of re-settlement Mr. Karuna and Minister Milroy Fernando came here and looked into our grievances and at this event the whole village participated. They looked into the infrastructure facilities that were available at the village but were destroyed as a result of the tsunami. There are about 150 families in our village. On that date about 100 families participated at the meeting attended by the two Ministers. They, the Ministers promised that within 2 weeks they will provide the facilities we require. As a organizer for the village, although I do not wish to say but I am compelled to say, although I am an organizer for the SLFP, but I must let you know as the Commission has come to the Eastern Province. We have built small huts in the village and we have not been provided with any facilities or appliances. The families have been provided a Mamoty, small pot, a razor and piece 4

of soap only by the Divisional Secretariat, which I am ashamed to say. We have informed all the authorities. Our villagers have no schools to send their children to. We have not received any dry rations, we have no dispute with the Tamils and Tamils too have now come and occupied this village. In 1990 we had about 150 boats and 250 canoes, we had houses and all of this has been destroyed and now we have come down to rock bottom. We ask you to request the authorities to provide us with schools, electricity, and also obtain from the Ministry of Fisheries, fishing equipment an d boats for us and help us to develop this village. We were from the South in Galle and we have been residing here since 1968 as there was no problems in these areas . We are used to this area and we would live and die here. My family lives in Polonnaruwa because there are no school facilities for my children. If facilities are provided to the Divisional Secretariat I am sure those people will distribute the equipment irrespective of any communal divisions. We ask that electricity, the roads, schools, bridges and dry rations be provided to the people presently living in the village and also to the people who would be coming in the future. I request that 250 families be settled here and there are people who wish to come and stay in this village. We are thankful to HE the President for having given us the opportunity to place our feet on our village after so long which we could not do during the period of Chandrika Kumaratunge from 1994. Now day and night we can come and go and I wish to thank HE the President whole heartedly and through the efforts of President Mahinda Rajapakse this village should be developed, now in our own division Pasikudah, the tourist industry is beginning to pick up and develop and along with this development settle people in our village and provide them with fishing gear and equipment for their livelihood. Dr. Perera. Thank you very much for giving us the details. Now regarding the provision of fishing boats and fishing gear, did the people who came 8 months ago receive any boats or fishing equipment. Witness 4. No Sir, all we received as I said before was the Mamoty, a small pot, a razor for shaving and a piece of soap. Dr. Perera. What are the other minimum equipment you require at the moment apart from boats. Witness 4. At the moment the Pradesha Sabha is making a hall for people who are coming to temporarily stay. Mr. Giritharan is doing that. We cannot work with canoes, so we need boats and fishing nets to continue our trade as fisherman. If you can talk to Hon’ble Minister Rajitha Senaratne and supply 25 boats to the families that are here. Dr. Perera. So you need, boats, fishing nets, out board engines of 15 HP. Mr. Palihakkara. Did you have any problems coming over here and living amongst the Tamil and Muslims communities. 5

Witness 4. For generations the Sinhalese and Tamils have been living in this village. As a result of the terrorist problem they too like during the JVP time they were involved but now these people are living happily and peacefully with us. I never had any personal animosity against the Tamil people. I contested at the elections as a UNP candidate. At that time I had problems with the Minister. Although I am involved in politics now I am have no problems. Mr. Palihakkara. To which Divisional Secretariat does those 125 families belong. Witness 4. Koralapattu, Valaichchenai. Mr. Palihakkara. We will include these details in our report. Witness 4. Please help to bring back the other families too by providing schools, electricity and other facilities to the village. Even to charge our mobile phone we have to go to a Tamil person’s house.

I am Witness 5. I am a government servant. I am the Secretary of Pradesha Sabha, Koralapattu West. Ottamavdei. I am also the President of the Muslim Peace Aid Organization in Kalkudah. I would like to talk to you regarding the new creation of 2 Divisional Secretariats in Batticaloa District after the peace talks in 2002. As a government servant I am unable to express anything here so can I have a few minutes with the Commission in private. Witness 6. My son’s name is X3. On 28/10/2007 he went to Otthamavedi. They arrested him at Karvakeni . We heard that it was Karuna’s party, but we are not sure . Three of them went and all three were arrested. He was 17 years old when he was taken and he was the eldest son. We have searched everywhere but we could not get any information up to now. My name is Shanmugam. My son was also one of them who was arrested. His name is Rajeswaran. He was 22 years old. Mr. Palihakkara. Were they travelling together and were they related. Shanmugam. Yes. We are related. Witness 6. My son’s name is X3. And the other boy is Rasiah Baskaran 19 years old. Mr. Palihakkara. These three were arrested together. Witness 6. It was a Sunday. Mr. Palihakkara. Who saw these boys being arrested. Witness 6. People who were travelling on the road at the time came and told us. 6

Mr. Palihakkara. Were all three arrested by this same group. Witness 6. Yes. They were taken by the same group and there is a strong suspicion that it was Karuna’s group. Mr. Palihakkara. Please give this information to the Secretariat staff and we will see what we can do. Witness 6. We have made complaints at the Valaichchnai Police Station. Prof. Hangawatte. Did your children have any involvement with the LTTE. Witness 6. No connection at all. Mr. Palihakkara. We understand your situation and we are sorry but we will see what we can do. Witness 7. I am 35 years old. My husband was playing carom in front of the house with some others on 12/11/2007. There were 5 others who were with him. About 10.00PM the same night he went out but he did not return. About 4.00AM I got up and looked and he was not there. We tried to trace him by taking so many actions but so far we have not been successful. We lodged a complaint at the Valaichenai Police, also the ICRC and HR Commission in Batticaloa. We have even complained to the former Minister Ameer Ali and we have given all the details to the higher authorities but so no positive information has been received by us. On 10/7/2007 at a place called Navaledi, the people of Karuna’s party fired at him and he had eleven bullet wounds. He was admitted to the General Hospital in Colombo for treatment. He was there for one month. He was at the Narahenpita Police Hospital for one month. He was cured an d came back but he could not have his meals properly and he could not play as usual. He found it difficult to even speak. I request you to help me in this matter. I have got all the evidence in this file. Mr. Palihakkara. I have a question in order to understand. You said that he went out on 12/11/2007 and did not return. Is that correct. Before that on 10/7/2007 he was fired by the Karuna Group. How did you know as to who fired at him. Witness 7. He himself stated that. Mr. Palihakkara. Was your husband involved in any political or other activity. Witness 7. He worked in the NIB Police. He is a Police Officer. I have complained to the Valaichenai Police. Mr. Palihakkara. What did the Valaichenai Police do. 7

Witness 7. So far they have not taken any action. Mr. Palihakkara. So he was a Police intelligence officer. Witness 7. Yes. Mr. Palihakkara. Please give your information and we will see what we can do and make every effort to get some information. Witness 8. I am 60 years old. My sister Nadarasa Thangasweri 48 years old. Physically she is stunted. She was housed at the elder’s home. Now she is missing and I do not have any information about her. Mr. Palihakkara. Since when. In 2008 she was at the Centre after that we have not met her. Mr. Palihakkara. Which month in 2008. Witness 8. I don’t remember the date or month but for the last time we met her in 2008 but since then we have not heard about her. We informed the ICRC. I request you to help me to trace her. Mr. Palihakkara. What do you think would have happened to your sister. Witness 8. With the help of a Rev. father she went there. Some people say that they have been transferred to another place but we do not know exactly what has happened to her. I do not know the name of the Rev. Father. Mr. Palihakkara. You have to give us some information otherwise it would be difficult for us to assist. Witness 8. The fathers go on transfer and they were in the Wanni district. Mr. Palihakkara. Did you go to the elders home and inquire and what did they tell you. Witness 8. They said that they must have been transferred to other places and that they will make inquiries and let her know. Mr. Palihakkara. Please go to that elders home once again and find out and then come back to us. Witness 8. Now that elders home is no longer there. Mr. Palihakkara. The church or some organization should be able to give details of this elders home. Witness 8. There was no involvement of the church. 8

Dr. Perera. Who managed that home what organization. Witness 8. They just call it the elders home. Mr. Palihakkara. Please talk to this gentleman (Mr. Asela Dassanayake) and give the details and we will see what we can do.

Witness 9. Koralapattu Central area but my lands are at Wakarai. The office (Land Office) where the land could be registered is located at Kiran. My food stamp and the voter’s register is in Valaichchenai area. But my land problem is in Kiran. Mr. Palihakkara. Can you tell us your problem. Witness 9. My problem is if I have to transfer my land in my daughter’s name I have got to go to Kiran to have this done. It is 3 or 4 years since this Koralapattu Central office was opened but the land problem and the land authority is not vested with the Koralapattu Office. Mr. Palihakkara. If that is your problem we will talk to the Divisional Secretary here and you can give her name to lady there (Hemali) and we will talk to the Divisional Secretary and you can go and meet the Divisional Secretary and solve your problem. Witness 9. I am a widow and there are people with similar problems and since the Land Office is in Kiran which is a Tamil area we face problems. My humble request to the Commission is to have the Land Office also vested to the Koralapattu Divisional Secretariat. Mr. Palihakkara to Interpreter. Please tell the others also who have similar problems regarding land matters to give the details and we would talk to the Divisional Secretary. Witness 10. My husband and brother is missing since 13/11/2007. Two houses away from my hose there were five people staying in that house. The following morning when I got up I found that all five people had disappeared from that house. I tried to communicate with my husband over the phone and although the phone was working there was no answer. I went to the Valaichenai Police and made a complaint. On the same day there was an announcement that nobody should leave their houses. The mosque announced that nobody should leave the houses. After that we were kin the house and the following morning we found the people missing. My husband, brother and another person was missing the following morning so we informed the family. Mr. Palihakkara. You said there were five people, who were these five people. Witness 10. Sabraz, Rizwan, Iliyas, Nawfer and Iliyas Abdul Cader. 9

Mr. Palihakkara. Who do you suspect regarding your husband’s disappearance and what was your husband doing, was he involved in any politics. Witness 10. I do not know who took him away. He was working in a bakery. Mr. Palihakkara. You complained to the Valaichenai Police, so what did they say. Witness 10. They did not say anything and now three years have lapsed. I have two children and I want to get my husband and brother released or found. Mr. Palihakkara. We will do whatever we can and try to obtain some information about them. Witness 11. On 17/5/2009 at Omanthai check point he was stopped. So far we have had no information about him. The Police, the Army and the CID were there. They stopped us on the 17th and I was asked to go on the 18th. I and my child was allowed to go. His name is Navaratnasingham Nawanant. Mr. Palihakkara. Was he a member of the LTTE. Witness 11. He was in the LTTE but later he left. We were told that anyone who was associated with the LTTE should come forward. I have informed all the authorities but so far we have had no response. At Omanthai they established a check point, an open area. There were about 700 people there at that time. Prof. Hangawatte. Where were you coming from. Witness 11. We were coming from Pudukirrupu. About 3000 people came but 700 people surrendered to the army on that date. A lot of those taken into custody are in detention camps but I do not know where my husband is. Mr. Palihakkara. Did you go to the Menik Farm, Zone IV. And when did you come from Menik Farm. Witness 11. On 23/10/2009. Now I am with my mother at Kadiraveli. In 1993 my father was shot by the LTTE. Mr. Palihakkara. What do you want us to do. Witness 11. I was living with my mother. My. Mother died of cancer last month. My child is in the kindergarten. I saw a news item from Major Chandrasiri that all those who were detained at Omanthai were not harmed in anyway.

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Mr. Palihakkara. We visited the Omanthai Detention Centre and we have been asked by HE The President to give a recommendation about them which we are trying to do and if your husband is there he too will benefit. Witness 12. I am the Secretary of the Rahumat Mosque. I am also the President of the SATO Sports Club. After 30 years of suffering we have been liberated and free and I am happy to give evidence before this Commission which has been appointed by the President. Most of the problems occurred because there is no equality in distribution. Mr. Palihakkara. Of what. Witness 12. Land, education, rights of the people. What I want to state here is if you take the Batticaloa district, there are 14 Divisional Secretariats. Of these 14 Divisional Secretariats, 10 Divisional Secretariats are in Tamil areas and the other four are in the Muslim areas. The population of Batticaloa district is 580,203. The Muslim population of Batticaloa is 157, 186. This is 26.36% of the total population. Of this 26.36% of the Muslim population is confined to these four Divisional Secretariats with 22% of the land area. The Muslim community has experienced losses in the past. They have evacuated theirs houses and agricultural lands and they have lost thousands of their cattle. Hundreds of intelligent people, educated people and religious centers have been lost. I would specifically like to remind you of an atrocity that was committed in the year 1990. On 11/6/1990, Eravur, Valaichenai and Kalkudah Police Stations were attacked by the LTTE. Most of the Batticaloa area was pushed in an age of darkness. During this period the agricultural names and the Land Registers at the Valaichenai was burnt and looted by the LTTE. During the Tamil Muslim riots of 25/4/1985 consequent to that incident some Tamil Policeman who are racist connived with the LTTE and over 450 houses at Sampanoda were looted. Subsequently there was another incident in 2002 at Valaichenai it was during the time of Ranil Wickramasinghe’s time and the ceasefire period that was an incident where two men Inudeen and Janusdeen, these two youngsters were going for cooking purposes and they were brutally killed. The Coroner, the Police officers had gone to take the dead bodies to that particular place. When these people when there to remove the dead bodies to attend their rites, the LTTE terrorist along with 2000 people had encircled them and prevented them from removing those dead bodies. They also threatened that if anybody tried to remove those bodies none of them will go alive. It is bitter experience that would never be forgotten by us where these two bodies were set on fire by putting tires. –All these Muslim people who have been living in their agricultural lands had to vacate their homes and come to Ottamavadi and Valaichenai to live amongst their Muslim brothers and sisters. I must also tell you and I am sorry to tell you and I am sorry to tell you that all these documents relating to agricultural lands which at the Valaichenai office was been burnt and these were the only evidential documents of the Muslim community. The boundary villages were looted and 11

destroyed. The Muslims who were living in these villages had to flee to save their lives to the boundary villages of Polonnaruwa. What I want to state here is it is not with the intention of digging into the past and creating bitterness among communities. The Muslim community has experienced untold hardships and losses during the last 30 years of war. Educated, people and intelligent people’s lives have been lost. We have lost our properties and lands, it is not feasible to regain or compensate for the losses. I would like to remind you again that out of the 14 Divisional Secretariats in the Batticaloa District, Out of these 14 Secretariats, 4 Divisional Secretariat of the Muslims areas is without any natural resources or natural wealth but is confined only to the dwelling places of the Muslim community. The Muslim community has lost their agricultural lands and enterprises in the past and we are compelled to go to Koralapattu North and South to obtain the necessary documents of the Muslim people. As a continuation of the LTTE terrorism we see appearance of LTTE cells in the Batticaloa Divisional Secretariat. If the Tamils, Muslims and Sinhalese communities are to live harmoniously in the Batticaloa District, the land problem in the district has to be solved failing which, after another few years another communal riot between the Muslims and Tamils can happen. Mr. Palihakkara. We received similar representations yesterday and that we will take all what he said into consideration. Witness 13. I have given the details of my husband to the Secretariat .Can you please get my husband released. Mr. Palihakkara. We will do all we can. Witness 14. I am the Chairman of a local NGO. Independent Social Service Association. First let me thank the Commission and the others who provided me with this opportunity to give evidence. I would also wish to express my gratitude and thanks to HE the President on behalf of the people of Kalkudah. The evidence I want to present to you is very precise. The lessons that we have learnt is that by the agreement that was created by the Ranil Wickremasinghe government in 2002 to bring about unity in this country is totally erroneous. Through that agreement by the UNP in 2002, the LTTE that was running an illegal administration in the NE, through that agreement they were able to have overall control specifically in the Eastern Province, Kalkudah area the LTTE was very strong. All their strength was concentrated in this particular area and so Mr. Ranil Wickramasinghe gave them an unwritten right and authority. Over 13,500 acres of agricultural land was under the control of the LTTE prior to the agreement. After this agreement they created the Koralapattu South Divisional Secretariat and with their prior intentions subsequently to the creation of the Koralapattu South Division all these specific lands were brought under the control of the Koralapattu South Divisional Secretariat. After the establishment of the Koralapattu South DS was established in 2002, this was subsequent to the

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agreement, all the lands that were illegally controlled by the LTTE has now been legally controlled by the Divisional Secretary. Mr. Palihakkara. What you are saying is that the Koralapattu South Divisional Secretariat was established after the agreement . Witness 14. It was created in May 2002. Mr. Palihakkara. Did it exist before. Witness 14. That area was within the Ottamavadi Divisional Secretariat. Today the terrorist may have been wiped out but there are officers with terrorist thoughts and intentions, I could mention the name, the Divisional Secretary of the Ottamvadi Divisional Secretariat earlier after the Kiran Divisional Secretariat was created in 2002, the Divisional Secretary of Kiran Mr. Thavarajah is one of the persons I could mention here. Mr. Palihakkara. On What. Witness 14. The documents of the lands belonging to the Muslims had been destroyed earlier and all the lands belonging to the Muslim community has been legally transferred to the Kiran Secretariat. Mr. Palihakkara. I want to get this clear. LTTE had control of over 13,500 acres of agricultural lands before the CFA. After the CFA what happened. Witness 14. After the 2002 agreement with the LTTE’s mind this particular area was brought under the Koralapattu South Divisional Secretariat. Mr. Palihakkara. In other words it was legalized. What did the Kiran AGA office do. Witness 14. The documents of the Muslims had been destroyed including deeds. In the year 1990 at the Valaichchenai Agricultural Center Office all the documents had been burnt. Dr. Perera. Who did that. Witness 14. LTTE. Because of the documents burnt and although the armed conflict has come to an end they are using the laws and obstructing the Muslim community from involving in agricultural activity. As far as the Batticaloa district is concerned, this burning problem relating to the agricultural sector until it is solved, the Commission’s expectation of reconciliation and to bring about prosperity, peace and harmony cannot be created or established in this area. Mr. Paranagama. They say that they have got a legal permit but now they dod not have possession of those agricultural lands. 13

Witness 14. Yes. It is our land and when we go and tell the Divisional Secretary it is our lands and that we want to involve ourselves in agricultural activity he says that we do not have the documents to prove so and that the Muslims are not legally entitled. Mr. Paranagama. But they would have got the permit earlier. Witness 14. The Batticaloa administration was under the control of the LTTE and all the documents have been destroyed. Mr. Paranagama. But they would have got the original copy earlier. Witness 14. We were refugees who were displaced and had to go to other districts, our house and properties were destroyed. All these people who I mentioned were killed by the LTTE and most of them have gone from place to place. Mr. Thavaraja is the person who is obstructing and is an impediment to our cultivating in our own agricultural lands. Mr. Palihakkara. Even today, is he serving now. Witness 14. Yes he is there. Witness 15. I am 20 years old. The Karuna party people took him away on 2nd November 2006. He was taken from near the Mankarni Temple in Vakarai. Mr. Palihakkara. What was your husband doing. Witness 15. He was a fisherman and he was going about some fishing activity when he was taken. Mr. Palihakkara. Did anyone see your husband been taken. Witness 15. No one saw that. Mr. Palihakkara. Then how do you know that your husband was taken. Witness 15. The people who had seen this occurrence on the road came and told us. Mr. Palihakkara. Do you want to talk to us privately. Witness 15. If you can help me I would like to do that. Mr. Palihakkara. Please wait. Witness 16. 47 years old. My son was taken by the Karuna party people when he was in Kiran. His name is X4 .

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Mr. Palihakkara. How do you know that your son was taken by the Karuna faction. Witness 16. They had taken him and kept him with them , they released him afterwards and then again on 14/09/2007 they arrested him again at Ottamadavi at the Bazaar. Prof. Karunarate. When was he first taken. Witness 16. On 14/9/2007 that is the date of the first arrest. I do not remember the date he was taken for the second time. Prof. Karunaratne. You said your son was taken by the Karuna Group, kept with them for some time and subsequently released and then was taken in. When was he taken in first. Witness 16. He was not released, he escaped from their grip. Prof. Karunaratne. How long was he with the Karuna Group. Witness 16. About 3 months. Mr. Palihakkara. What was your son doing. Witness 16. He was working as a worker in a tea boutique. Mr. Palihakkara. Do you have any idea why your son was taken by the Karuna faction. Witness 16. I went and saw him where he was kept by the Karuna faction. Mr. Palihakkara. Can you tell us where this place was. Witness 16. Beyond Welikanda at a place known as Kerichenai. Mr. Palihakkara. Do you have an idea why the Karuna faction took your son. Witness 16. I don’t know why they took him. Prof. Karunaratne. What was this place, was it a place of detention or were they working there. Witness 16. He was carrying out the orders given to him. He was originally with the Karuna Group but subsequently moved out of the Karuna faction and thereafter the Karuna faction had abducted him. I will speak to the Commission in private. Witness 17. 35 years old. I have already submitted my details outside. My husband was abducted 4 years ago. He went to Wakarai but did not come back. I heard that he was abducted by the LTTE. 15

Mrs. Ramanathan. You have given us the details, we will look into the matter. Witness 18. 65 years old. I went to speak to you about re-settlement. I am farmer. We were displaced from Madurnkamkulam in 1985 and 1990 we were displaced. We went to Ottamavadi and Valaichchenai. After peace was established and terrorism was eradicated, the Tamils have put up permanent houses in our residential areas and they are cultivating our agricultural lands, when we demanded them to hand over the lands to us they said that cannot be done and if you want to alive don’t come here asking for your lands. There are more than 7000 acres of lands belonging to the Muslims. In settlement areas like Madurankulam and Kunjankulam there are 300 families . These 300 families are now living as displaced people with friends and relations. The Tamil people who have encroached on our lands after 1990 obstruct us when we go to see our lands. When we travel by us they put some obstruction on the road and stop us from travelling. The government provided us with so many facilities in Madurunkulam by establishing schools, post offices and cooperative societies. As I have already told you in the years 1985 and 1990 during the racial riots and violence the Muslim families were driven out of these areas and many Muslims were killed. We have the documents and the voters list details are with us. We fled through the jungles only with the clothes we were wearing and reached Valaichchenai and Ottmavadi. Several millions of rupees worth of property we have lost and we could not regain any of these. Mr. Palihakkara. We fully understand your problem and we are sorry about it and what do you want us to do. Witness 18. Please make arrangements so that we can go back and claims our lands and live there. About 50% of the people have lost their documents whilst fleeing that area, the remaining 50% of the people have their documents with them. Mr. Palihakkara. We have a good knowledge of the problem after we visited here and Kattankudy and we will be referring to this problem in our report. Witness 18. Most of the voters list and the land owners document have been destroyed. Some action has to be taken to register our ownership of our lands. We are living in poverty and for the last 25 years we have lost our livelihood. Witness 19 – 53 years old. The LTTE took my son on 13/11/2004. Mrs. Ramanathan explains to witness. Witness 20. 55 years old. My son went from Valaichenai to Batticaloa taking some things to a policewoman called Susila on 30/10/2007. About 9.00 AM in the morning he unloaded the furniture at her house. The Policewoman had requested him to come around 4.30 PM to pay 16

because she was in a hurry to go for duty. Accordingly he went at 4.30PM and at about 5.40 PM she paid him. He took the money and came to Sittandi at about 6.30 PM but after that he did not come back. He was travelling on a motor bicycle. Mr. Paliahakkara. Have you give this information to the Secretariat staff. Witness 20. Yes I have given. Mr. Paliahakkara. We will look at the details provided by him and see how best we can help him.

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