Cablegate: 1999 Annual Terrorism Report

O 300949Z NOV 99
FM AMEMBASSY COLOMBO
TO SECSTATE WASHDC IMMEDIATE 6359

UNCLAS SECTION 01 OF 02 COLOMBO 002899

S/CT FOR REAP

E.O. 12958: N/A
TAGS: PTER CE
SUBJECT: 1999 ANNUAL TERRORISM REPORT

REF: STATE 204472

1. THE FOLLOWING IS POST'S RESPONSE TO REFTEL
REQUESTING INPUT FOR THE DEPARTMENT'S 1999 ANNUAL
TERRORISM REPORT. THE GOVERNMENT OF SRI LANKA (GSL)
CONTINUED TO BATTLE THE SEPARATIST LIBERATION TIGERS OF
TAMIL EELAM (LTTE), THE ONLY TERRORIST GROUP CURRENTLY
BELIEVED TO BE ACTIVE IN SRI LANKA. ON OCTOBER 8, THE
DEPARTMENT RE-DESIGNATED THE LTTE AS A FOREIGN TERRORIST
ORGANIZATION UNDER PROVISIONS OF THE ANTI-TERRORISM AND
EFFECTIVE DEATH PENALTY ACT OF 1996. THROUGHOUT 1999 THE
GSL CONTINUED MILITARY OPERATIONS AGAINST THE LTTE. A
SERIES OF OFFENSIVES BEGINNING IN MARCH AND A
COUNTEROFFENSIVE BY THE LTTE IN NOVEMBER LED TO SEVERAL
THOUSAND CASUALTIES FROM BOTH GROUPS. LTTE TERRORIST
ACTIVITIES CONTINUED DURING THE YEAR, WITH, FOR EXAMPLE,
THE ASSASSINATION BY THE LTTE ON JULY 29 OF MODERATE
TAMIL POLITICIAN DR. NEELAN TIRUCHELVAM, THE SEPTEMBER 18
KILLING OF MORE THAN FIFTY CIVILIANS IN THE AMPARAI
DISTRICT IN RETALIATION FOR A SRI LANKAN AIR FORCE ATTACK
IN THE NORTH, AND THE SEPTEMBER HIJACKING OF A CHINESE
VESSEL WHICH HAD COME TOO CLOSE TO THE SRI LANKAN
COASTLINE.

THE FOLLOWING RESPONSES ARE KEYED TO QUESTIONS A THROUGH
K IN PAR-A 3 OF REFTEL.

2. (A) THERE WERE NO GSL PROSECUTIONS OF PEOPLE
INVOLVED IN INTERNATIONAL TERRORISM OR SIGNIFICANT ACTS
OF DOMESTIC TERRORISM. MANY SUSPECTED MEMBERS OF THE
LTTE HAVE BEEN ARRESTED AND DETAINED UNDER THE EMERGENCY
REGULATIONS AND THE PREVENTION OF TERRORISM ACT AND SOME
HAVE BEEN CHARGED WITH RELATIVELY MINOR OFFENSES SUCH AS
WITHHOLDING INFORMATION. NO IMPORTANT LTTE LEADER HAS
EVER BEEN APPREHENDED AND PROSECUTED. LTTE HEAD
VELUPILLAI PRABHAKARAN AND NINE OTHER LTTE MEMBERS REMAIN
INDICTED FOR COMPLICITY IN THE JANUARY 1996 CENTRAL BANK
BOMBING.

(B) THE GSL DID NOT EXTRADITE OR REQUEST THE EXTRADITION
OF SUSPECTED TERRORISTS FOR PROSECUTION DURING THE YEAR.
THE U.S. GOVERNMENT DID NOT REQUEST ANY EXTRADITIONS OR
ASK FOR ASSISTANCE IN TERRORIST CASES. IN JUNE 1995, THE
GOVERNMENT OF INDIA REQUESTED THE EXTRADITION OF LTTE
HEAD PRABHAKARAN AND TWO OTHER SENIOR LTTE MEMBERS
(INTELLIGENCE CHIEF POTTU AMMAN AND WOMEN'S WING LEADER
AKILA, THE LATTER OF WHOM IS NOW BELIEVED DEAD) FOR THE
ASSASSINATION OF RAJIV GANDHI. EXTRADITION PROCEEDINGS
HAVE NOT BEGUN, AND IT SEEMS UNLIKELY THESE LTTE LEADERS
WILL BE APPREHENDED IN ANY EVENT.

(C) POST IS AWARE OF NO SIGNIFICANT IMPEDIMENTS TO GSL
PROSECUTION AND/OR EXTRADITION OF SUSPECTED TERRORISTS.
IN FACT, EXTRADITION BETWEEN THE U.S. AND SRI LANKA WAS
FACILITATED BY THE SEPTEMBER 30 SIGNING OF A GENERAL
EXTRADITION TREATY BETWEEN THE TWO COUNTRIES, REPLACING A
1932 TREATY BETWEEN THE U.S. AND UK, THE THEN COLONIAL
POWER. TERRORISM IS ILLEGAL UNDER THE PREVENTION OF
TERRORISM ACT. SRI LANKAN EXTRADITION LAW PERMITS
EXTRADITION OF INDIVIDUALS TO OTHER COMMONWEALTH
COUNTRIES. MOREOVER, SRI LANKA IS A SIGNATORY TO THE
1988 SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION
(SAARC) REGIONAL CONVENTION ON THE SUPPRESSION OF
TERRORISM, WHICH DESIGNATES CERTAIN ACTS SPECIFICALLY AS
TERRORIST ACTS AND NOT AS POLITICAL ACTS, THEREBY
NULLIFYING ATTEMPTS BY TERRORIST ORGANIZATIONS TO CLAIM
POLITICAL MOTIVATIONS FOR VIOLENCE. THE GSL THEREFORE
SEEMS OBLIGED TO COOPERATE WITH THE REQUESTS FROM INDIA
FOR THE EXTRADITION OF PRABHAKARAN AND POTTU AMMAN,
THOUGH IT IS LIKELY THAT ITS OWN PROSECUTION WOULD TAKE
PRECEDENCE -- ESPECIALLY NOW PRABHAKARAN HAS ACTUALLY
BEEN INDICTED FOR A TERRORIST ACT.

(D) ITSELF A TARGET OF A TERRORIST ORGANIZATION, THE GSL
HAS BEEN STRONGLY SUPPORTIVE OF INTERNATIONAL EFFORTS TO
ADDRESS THE PROBLEM OF TERRORISM. THE GSL COOPERATED
FULLY WITH THE GOVERNMENT OF INDIA IN ITS INVESTIGATION
OF THE RAJIV GANDHI ASSASSINATION. SRI LANKA HAS BEEN
QUICK TO CONDEMN INTERNATIONAL TERRORIST ATTACKS IN OTHER
COUNTRIES, IS A SIGNATORY TO THE TOKYO, THE HAGUE AND
MONTREAL CONVENTIONS AGAINST TERRORISM, AND HAS PASSED
THE NECESSARY ENABLING LEGISLATION FOR ALL THREE
PROTOCOLS.

(E) THE GSL IS CONDUCTING ONGOING COUNTER-TERRORIST AND
COUNTER-INSURGENCY OPERATIONS AGAINST THE LTTE, INCLUDING
MILITARY ACTIONS AND SPECIAL MEASURES TO PROTECT URBAN
AREAS, IMPORTANT INSTALLATIONS AND GOVERNMENT LEADERS.
THESE ARE AIMED AT WEAKENING THE LTTE AND INHIBITING ITS
ABILITY TO CONDUCT TERRORIST ATTACKS AS WELL AS MILITARY
OPERATIONS. THE GSL ADDRESSED TERRORISM ISSUES THIS YEAR
IN SEVERAL INTERNATIONAL FORA INCLUDING THE UNGA IN NEW
YORK (WHERE IT TOOK A LEADERSHIP ROLE IN DRAFTING THE
RECENT CONVENTION RESTRICTING FINANCING OF TERRORISM) AND
THE UNHRC IN GENEVA.

(F) THE GSL DOES NOT SUPPORT INTERNATIONAL TERRORISM.

(G) THE GSL HAS MADE NO PUBLIC STATEMENTS IN SUPPORT
OF A TERRORIST-SUPPORTING COUNTRY ON A TERRORISM ISSUE.
HOWEVER, IT HAS NOT ACTIVELY PARTICIPATED IN
INTERNATIONAL CONDEMNATION OF THE TERRORIST ACTIVITIES OF
LIBYA, IRAQ, IRAN AND SUDAN.

(H) THERE HAS BEEN NO CHANGE IN 1999. THE GSL VIEWS THE
CONTINUING USG DESIGNATION OF THE LTTE AS A FOREIGN
TERRORIST ORGANIZATION AS A MAJOR BREAKTHROUGH IN ITS
ANTI-TERRORISM EFFORTS. THE USG DESIGNATION HAS
ENCOURAGED THE GSL TO MAINTAIN ITS APPROACH TO COMBATING
TERRORISM BOTH DOMESTICALLY AND INTERNATIONALLY. THE GSL
USES THE U.S. DESIGNATION TO URGE OTHER COUNTRIES, SUCH
AS THE UK, TO RESTRICT THE LTTE LIKEWISE.

(I) THE GSL HAS ACCEPTED THE U.S. OFFER OF INCREASED
ASSISTANCE UNDER THE ANTI-TERRORISM ASSISTANCE PROGRAM
(ATA). IN 1999, NINETEEN SRI LANKAN SECURITY FORCES
PERSONNEL WERE TO TAKE PART IN A SENIOR CRISIS MANAGEMENT
SEMINAR UNDER THIS PROGRAM. DUE TO REVERSES IN THE WAR,
HOWEVER, SRI LANKA CANCELLED ITS PARTICIPATION IN THE
EVENT. IN 1998, SRI LANKAN SECURITY FORCES PERSONNEL
TOOK PART IN SEPARATE TRAINING PROGRAMS IN EXPLOSIVE
INCIDENT COUNTERMEASURES, VITAL INSTALLATION SECURITY,
AND POST-BLAST INVESTIGATION. THE GSL HELPED DRAFT AND
WAS THE FIRST COUNTRY TO SIGN THE INTERNATIONAL PROTOCOL
AGAINST BOMBING AT THE UN IN JANUARY 1998 (THE USG SIGNED
SECOND). IN 1997, SRI LANKA RATIFIED THE 1988 PROTOCOL
FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT
AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION. IN
ADDITION, IT IS EITHER A SIGNATORY, OR HAS TAKEN THE
NECESSARY INTERNAL STEPS TO BECOME A SIGNATORY, TO THE
1979 CONVENTION AGAINST THE TAKING OF HOSTAGES, AND THE
1979 CONVENTION ON THE PHYSICAL PROTECTION OF NUCLEAR
MATERIALS. THOUGH THE GSL HAS YET TO RATIFY THE 1991
CONVENTION OF THE MARKING OF PLASTIC EXPLOSIVES FOR THE
PURPOSES OF DETECTION, AND THE 1988 CONVENTION FOR THE
SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF
MARITIME NAVIGATION, THE MINISTRY OF FOREIGN AFFAIRS HAS
INDICATED THAT THE GSL IS RECEPTIVE TO BECOMING A
SIGNATORY.

(J-1) THE GSL HAS COOPERATED FULLY WITH U.S. OFFICIALS
INVESTIGATING POSSIBLE VIOLATIONS OF U.S. LAW BY
INTERNATIONAL TERRORIST ORGANIZATIONS.

(J2) THERE HAVE BEEN NO CONFIRMED CASES OF TERRORIST ACTS
DIRECTED AGAINST U.S. CITIZENS IN SRI LANKA.

(K) THE U.S. GOVERNMENT HAS MADE SEVERAL REQUESTS TO THE
GSL FOR ADDITIONAL SECURITY MEASURES FOR U.S. PERSONNEL
AND FACILITIES IN SRI LANKA. ALL REQUESTS HAVE BEEN MET
EXPEDITIOUSLY BY THE GSL. THESE REQUESTS WERE MADE TO
ENHANCE SECURITY IN GENERAL AND NOT IN RESPONSE TO ANY
IDENTIFIABLE THREAT.

DONNELLY

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