Jury finds Mylanthanai massacre accused not guilty

Acquittal

HUMAN rights agencies and relatives of victims expressed shock after 18 soldiers accused in the Mylanthanai case were released on 27 November, when the jury returned a ‘not guilty’ verdict. The jury confirmed the decision even after the judge ordered a reconsideration.

Soldiers from Punanai Army camp massacred 35 Tamils, including 15 children, at Mylanthanai in Batticaloa District on 9 August 1992. This was a revenge attack for a landmine assault on Jaffna’s Kayts Island, in which six senior military officers, including Maj. Gen. Denzil Kobbekaduwa, were killed.

In an identification parade at Batticaloa Magistrate’s Court on 2 April 1993, 24 soldiers were identified. The Attorney General (AG) transferred the case to Polonnaruwa District, without assigning any reason and then to Colombo on grounds of safety for the accused, which made it difficult for witnesses to appear. Indictment was filed in Colombo High Court only in September 1999. Observers have expressed fear that the case will encourage impunity among the security forces.

Economic Reform minister Milinda Moragoda visited Kalutara prison on 21 November, accompanied by Mannar Bishop Rayappu Joseph. Mr Moragoda promised the detainees that a person from the Colombo Peace Secretariat will be appointed to look into their release.

The AG’s Department says that 34 detainees under the Prevention of Terrorism Act (PTA) have been released since his last visit in October. There are currently 111 detainees under the PTA in Kalutara. According to the AG, 478 had been released permanently or on bail since the ceasefire. The prisoners told the minister that many are detained for several years without charge or trial on allegation that they failed to provide information about the LTTE. Confessions had been obtained under torture. They also blamed some lawyers for failing to handle their cases properly.

Colombo human rights agency, the Centre for Human Rights and Development (CHRD), launched a signature campaign in late November to demand repeal of the PTA. The CHRD says that some Tamil MPs have refused to place their signature on the petition.

South of Colombo, Samantha Vithanage, 23, was killed when students clashed at the Sri Jayawardanapura University on 9 November. Disputes seem to have arisen over ragging of new students. The police arrested 28 students. A day later, JVP offices in four areas - Battaramulla, Maharagama, Pannipitiya and Migoda - were burned by suspected United National Front (UNF) members.

There was heated debate in Parliament on the issue when the JVP accused the ruling UNF of involvement in the killing. University Student Association President Ravindra Mudalige said that the violence was part of rivalry between students and condemned politicians for attempting to lend political colour to the issue.


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