Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 1 of 18 Page ID #:757 EXHIBIT C Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 2 of 18 Page ID #:758 PEACEKEEPING IMPUNITY August 2019 1 Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 3 of 18 Page ID #:759 1. IMPUNITY FOR SRI LANKAN SOLDIERS SERVING ABROAD AS PEACEKEEPRS This document examines impunity for Sri Lankan peacekeepers. These are in two categories: (a) the commanders in charge of those battalions in Haiti when child sexual exploitation occurred from 2004‐7 and, (b) how combat troops involved in the final phase of the war in areas where alleged war crimes took place, were rewarded with UN peacekeeping jobs after the war. (a) Haiti Background A 2007 confidential inquiry by the UN’s Office of Internal Oversight Services (OIOS), conducted in conjunction with the Sri Lankan Army, identified 134 Sri Lankan soldiers alleged to have sexually exploited nine Haitian boys and girls from late 2004 to mid 2007, some in return for as little as 0.75 cents. The UN’s report said, “the acts of sexual exploitation and abuse were frequent, occurred usually at night, and at virtually every location where Sri Lankan military were deployed”. The OIOS report authors state, “The sexual acts described by the nine victims are simply too many to be presented exhaustively”. One girl who was having sex with Sri Lankan soldiers was so young she didn’t even have breasts; a boy said he had both anal and oral sex with more than 100 Sri Lankan peacekeepers. Indeed while the investigators were interviewing one Haitian girl she started receiving calls on her mobile from Sri Lankan soldiers who had been given her number by the departing contingent. In the 2007 UN inquiry, five of the Haitian children describe having sex on multiple occasions with senior Sri Lankan officers whom they refer to as the “commandants”, either based in the specific camps or visiting to oversee. The OIOS inquiry also included the identification of the alleged perpetrators through photographs and other means. The children were clear that the commanding officers had uniforms with three stars and they could also describe markings on junior ranks’ uniforms. The contingent commander was responsible for the discipline of his men. The OIOS report says there were “clear indications of red flags” of sexual exploitation and abuse at the Sri Lankan bases but the Sri Lankan commanders failed to take action. The OIOS report is clear the contingent commanders and commandants failed in their duties. In August 2007 for example, a victim says a Commandant came to her house and found a soldier having sex with her; the OIOS report says he merely slapped the soldier and transferred him to another base1. Accountability Not one soldiers was held criminally accountable for raping children, despite the UN investigation that identified suspects. Many of the officers who were deployed in Haiti went on to fight in the final phase of the civil war when it is alleged a wide array of war crimes were committed. The table below summarises the individuals involved in commanding the six battalions that were stationed in Haiti when, according to the UN, the child sexual exploitation took place. The commanders of the 1 For more details see ITJP’s report with JDS LANKA http://www.itjpsl.com/assets/press/haiti‐FINAL.pdf 2 Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 4 of 18 Page ID #:760 contingents present in Haiti from 2004‐7 were promoted despite the Haiti scandal which prompted one of the largest repatriations of peacekeepers. Several later received medals. Chart: Sri Lankan Troops in Haiti 2004-7 Conting Regimen Commanders Current Positions ents in ts1 Haiti 1. late SLLI Colonel Amal Chief Of Army Staff, arrested 20183 2004 – Karunasekera2 May 2008:“Director of Military Intelligence (DMI) Brigadier Amal 2005 Karunasekera is acting as Director (Operations) in addition to his 4 substantive duties ”. Army still called him one of its “most illustrious and distinguished military icons5”. Before that Commandant at Defence Services Command and Staff College, Sapugaskanda. 15th Colonel of SLLI. Kilinochchi SFHQ commander6. Lt. Col. TN Jayasooriya Promoted to Major General in 20177 Lt Col ALSK Perera8 Promoted to Brigadier in 20179 Jan 2018: Promoted to Major General - O/60328 Maj Gen ALSK Perera RWP RSP USP ndu10 Promoted to Brigadier in 201711. Jan 2018: Promoted to Major General - O/6032812. 55 Division Commander after the war13. 2: May Sinha15 Unknown16 - 6 officers 200514 and 120 other ranks17 4th SLSR 3. 31 Gemunu Colonel J.C.P. 2016: Commander, Forward Maintenance Area (FMA), Nov Watch Pakshaweera North Central and a Major General19. 200518 Given a medal in 201820 but retired. 4 ?- June Gajaba Brigadier Nissanka GOC 11 Div. 2006 Ranawana Feb 2009: The (PTK capture) operation was launched by 55 Brigade under Brig. Prassana Silva, Deputy Brigade Commander Brig. Nissanka Ranawana and Col Mahinda Weerasuriya21. PTK offensive involves allegations of war crimes. Colonel Mahinda After returning from Haiti, Colonel Mahinda Weerasooriya Weerasuriya22: The becomes commandant of IPSOTSL - Institute of Peace contingent also had nine Support Operations Training Sri Lanka”. Majors and 28 Captains. 2009 Feb: 553 Division23 Capt. Manoj Kulesekara - 2009: Deputy commander of 57 Division24. intelligence officer. 2012: A Brigadier and GOC 22 Division Trincomalee25. 5. Dec Vijayaba Col Ajith SFHQ - Kilinochchi27. Now Major General. Made Colonel 2006 - hu Kariyakarawana26 of his Regiment28. 2017=95 Deputy Chief of Staff in 201829 and Major General. 0 troops 3 Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 5 of 18 Page ID #:761 6: June SLLI Col Chandana In 1999 he was in the training school as instructor32. 2007 – Wimalasiri31 Appears to be listed33 as promoted to Brigadier (2011)34, 10th Nov [SLLI deployed 49 SLLI. 200730 Officers and 701 Other He is wearing the uniform of a Brigadier on his Facebook Ranks] page photo. Unclear if he was retired in 2008 as claimed. Appears to have been promoted first. MM Kithsiri35 Kithsiri: Now Brigadier, RWP RSP USP and Panagoda SLLI commandant36. He sees off Mali peacekeepers in 201737. Lt Col Mudalige38 Major General LM (Mahinda) Mudalige. RWP40 RSP ndu41. (second in command39) Two star general. Previously GOC 24 Division42. The first contingent commander, Amal Karunasekera, went on to rise up the ladder to Chief of Army Staff but then was arrested in connection with the abduction of journalist Keith Noyahar and the 2009 killing of journalist Lasantha Wickremetunge43. These are cases in which Gotabaya Rakapaksa has also been a suspect and for which h Wickremetunge’s daughter is also suing him in California. Nissanka Ranawana who headed the fourth contingent in Haiti was active in the final war in Sri Lanka in which alleged war crimes were committed. The sixth contingent commander Col Chandana Wimalasiri whose troops were repatriated was said by the Government to have been retired as a punishment but he appears to have been promoted first which sends the wrong signal in terms of accountability. In addition one of the members of the 2004 contingent was sent back in 2010 (Lt Col SRK Hettiarachchi ) and another from 2006 was sent back in 2009 (Col HHASPK Senaratne). (b)Those involved in the 2008‐9 war sent as peacekeepers as a reward: Sri Lankan officers deployed as peacekeepers after the war are supposed to have been screened and vetted because of the risk that they might have been complicit in war crimes in 2008‐9. A selection of 16 of those who slipped through the vetting process in the past is given below; it is worth noting this is likely an underestimate because it focuses only on the few instances where names of officers are mentioned in the public domain. 2 Jan 2006‐13 Jan 2007 Haiti and Jan 2009 – Haiti Col HHASPK Senaratne, Commando Regiment (CR). 2016‐18: Director of Training44, Sri Lanka Military Academy chief. 2000‐4 CO 1CR45. He is described as a commando regiment war hero – awarded medal 2016.46 2010 in Haiti as deputy contingent commander47. 12 Sri Batt. Lt Col Kithsiri Liyanage. 2017/1848: SLSR Centre Commandant and a Brigadier49. Colonel at Directorate of Media, Army Headquarters50. 7 SLSR (Sinha) in 2008 capturing Mallavi51 in the Vanni. In 2009 his unit was under the 58 Division52. 58 Division accused of war crimes in 2008‐9. Sent to Haiti in sribatt1 in 200453 and then again in 4 Case 2:19-cv-02626-JFW-PLA Document 66-4 Filed 08/26/19 Page 6 of 18 Page ID #:762 2010 as staff officer. Lt Col SRK Hettiarachchi 0/61456 2017: promoted to Colonel, 521 Brigade Commander54 JAN 2008‐ FEB 201055 Commandeer 15 SLLI. 15 SLLI was involved in final war56 Haiti in 2010 April57. Commander Colonel Jayanath Jayaweera 53358 Brigade commander under Kamal Gunaratne in 200959. Haiti in 2010 April60 Lt. Colonel Wasantha Herath 12 SLLI battalions61 under the command of Lt.Col. Wasantha Herath62 in Mullivaikkal63 Under 593 BRIGADE OF 59 DIV. 29.07.2011 ‐ 09.02.201264 in Haiti as contingent commander and gets medal65. Colonel WMJRK (Jaliya) Senaratne66 (now Brigadier). Commanding Officer of 6GR from 2005 to 2007 & CO 14GR 2007 to 2008. Commander 593 in 2008 and others67 (Photo shows him in field in 2008 discussing operations68).Gajaba regiment. 59 Division accused of war crimes in 2008‐9. 2012 second in command of 14 SriBatt in Haiti69. Lt. Col.