Padraig Colman

Rambling ruminations of an Irishman in Sri Lanka

Tag: Darusman Report

The Numbers Game and Critical Thinking

This article appeared in Ceylon Today on February 19 2016.

Colman's Column3

Critical Thinking and Ethics

I have long gained deep intellectual satisfaction from the application of critical thinking. A number of writers have analysed the obstacles to successful critical thinking. Reams have been written to define the  term but Webster’s has the short definition: “the mental process of actively and skilfully conceptualising, applying analysing, synthesising, and evaluating, and evaluating information to reach an answer or  conclusion”.

I would have expected to be able to engage in calm and rational discussion on most topics. Sadly, this has not always happened. It seems to be impossible to discuss Sri Lankan politics without encountering bizarrely false assumptions about my character, beliefs, allegiances and associations. I have been called both a government stooge and a Tiger sympathiser sent by sinister foreign agencies to undermine the state.

Kenan Malik

My taste for critical thinking with an ethical and humanist background led me to the writings of Kenan Malik, a lecturer and broadcaster who has published many books and articles defending rationalism and humanism in the face of what he has called “a growing culture of irrationalism, mysticism and misanthropy”.

I was dismayed when Mr Malik used his visit to the Galle Literary Festival in January 2016 to recycle the fictional figure of 40,000 plus civilian casualties at the end of the war against the LTTE. I have given this matter of “the numbers game” a great deal of thought, researched the topic extensively and discussed it with many people. I do not think that Mr Malik has had the time in his busy schedule to study the matter in so much depth. This has not deterred him from putting forward strong views on the topic.

Darusman Report

Mr Malik claims to have “done his homework” before intervening in Sri Lankan affairs but seems to be unaware of the vast amount of research that has been done. He responds to criticism by Professor Michael Roberts by citing what he calls “The 2011 UN report on the final stages of the war” as if it were a neutral and accurate investigation of the last days of the war. In reality, this was not an official UN report but a report by a “panel of experts” called by the UN General Secretary as a preliminary to further investigation and action. The panel did not carry out any investigations of its own (and recognized that it had no mandate to do so) but had to rely on second-hand “evidence” that was not evidence in the normal sense of the word. The Marga Institute evaluation of the report said that this forced the panel “into an adversarial stance with the Government” in which it assumed the role of prosecutor.

Moving the Goalposts

In his response to comments by Professor Roberts and myself, Mr Malik shifted his ground and brought in the idea of “apologists for the Sri Lankan Army.” “The question of numbers dead in the final phase is not central to the argument I was making.” He continued: “where the figures are disputed, it makes sense to settle for those provided by more objective collectors of those figures, which is what I did.”

I would contend that the figures I cited were even more objective as many of them were calculated by Tamils, including Navi Pillay of the UNHRC and the Tigers’ own website. Mr Malik’s argument now seems to be that the SLA deliberately targeted Tamil civilians and that anyone who disagrees with that position is an “apologist”. The true number of civilians killed is crucial to that very argument. If one looks at a spectrum from the zero casualties ludicrously asserted by the government at one time, to the 147,000 claimed by Frances Harrison, zero casualties would demolish the contention that the SLA was targeting civilians (unless their aim was very poor). If it is true that 147,000 were killed, the case that there was deliberate targeting becomes very strong. The numbers do matter.

War Crimes Apologist?

Mr Malik is putting words in Professor Roberts’s  mouth when he says Roberts was arguing that “the actions of the LTTE somehow justified the actions of the Sri Lankan Army”. I have read and re-read Professor Roberts’s words and he is saying nothing remotely like what Mr Malik attributes to him. The actions of the SLA may legitimately be discussed and if necessary condemned, but, if they behaved badly, it was not a tit-for-tat because the LTTE behaved badly. Malik claims “You do not, as far as I can see, contest the empirical claim that the Sri Lankan Army fired into what it had declared to be No Fire Zones or on hospitals or civilian areas.” Michael Roberts and many others have indeed contested that claim.

Universal Expertise

In his helpful book Thinking from A to Z, philosopher Nigel Warburton list alphabetically the many tropes used to manipulate argument. One trope is “truth by authority”. Warburton writes: “Unwary members of the public may make the unreliable assumption that because someone is a recognised authority…in a particular area he or she must be capable of speaking with authority on any other subject”. The problem is that when one covers a vast array of subjects, one exposes oneself to the danger of being downgraded from polymath to dilettante.

Tropes Employed by Online Commenters

One Facebook commenter chose to place his trust in the UN. He wrote: “I doubt if the UN plucked this figure out of thin air”. He ignored the many analyses which showed in detail why it seemed that the UN figure was plucked out of thin air. He does not explain why he refuses to  accept criticisms of the Darusman Report but relies on faith: “The UN report was done by eminent legal personalities and it is doubtful if they would quote numbers which they cannot defend in a court of law. If not their reputation would be in tatters.”

Immunising Strategies

In his book Believing Bullshit philosopher Stephen Law uses the term “immunising strategies”. He shows how Young Earth Creationists counter the arguments of evolutionists by claiming that, however much evidence is presented, they will still claim it is provisional and incomplete. Those who claim high figures of civilian casualties dismiss contesting calculations with responses like: “It was a war without witnesses” or: “No-one can know without forensic evidence”. Informed estimates have been made which could be refuted or accepted. “Comparing high-resolution satellite images of the second No-Fire-Zone between February and April 19, indicates that the No-Fire-Zone as a whole did not witness anything like the scale of sustained bombardment required for there to have been more than 40,300 fatalities” contends the IDAG report. There were witnesses. Murali Reddy was embedded with the SLA and wrote about what he saw for the Tamil Nadu magazine Frontline.

Guilt by Association

It is a common trope on comment threads, particularly with Sri Lankans, to avoid discussion by saying “He’s not worth considering because he has an agenda or he is close to so and so or his father did blah”. I have decided to call this move “The Mandy Rice-Davis Trope”. One commenter claimed that he had inside knowledge that two of the people whose calculations I cited were “buddies of Gota”. He refused to say which two so we could concentrate on the others.

 

I asked  why would Sir John Holmes (of the UN) , Navi Pillai (of the UNHRC), Tamil Net (website of the LTTE), Rohan Guneratna (head of the International Centre for Political Violence and Terrorism Research), the Voice of the Tigers (the LTTE media organisation), the South Asia Terrorism Portal, Dr Rajasingham Narendran, Dr Muttukrishna Sarvananthan (of the Point Pedro Institute of Development), Dr Noel Nadesan, the Independent Diaspora Analysis Group – Sri Lanka, all come up with lower figures? “Are they all buddies of Gota? Have you read any of their arguments?”

Do Numbers Matter?

The aim of the SLA (the legitimate armed forces of a democratically elected government trying to end an insurrection within the borders of its sovereign territory) was to defeat the enemy (at that point the most vicious terrorist group ever known with no democratic mandate) with as little harm to civilians as possible. It was not to punish Tamil civilians for the crimes of the LTTE. Many will disagree with me, but I do not believe that civilians were targeted as a matter of policy. I do believe that the aim was to limit the number of civilian casualties as far as possible in a situation where the enemy was using its own people as human shields. In this context, the number of dead being cited is of crucial importance if one is making the assumption that the government deliberately engaged in the punitive “mass killing of civilians”. Mr Malik, having raised the issue brushes it aside as “not central to his argument” when challenged.

A longer version of this article with footnotes can be found here:

https://pcolman.wordpress.com/2016/02/12/the-numbers-game-and-critical-thinking/

 

Channel 4 – Once Again!

A version of this article appeared in Ceylon Today on Wednesday October 29 2014.

Colman's Column3

 

 

Last week, I wrote an article commenting on the news that Channel 4 had been nominated for an Emmy award for its documentary about alleged war crimes in Sri Lanka. Callum Macrae, who directed the programme, read the article and made contact.

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My Position

 

Before I address Mr Macrae’s specific points, let me summarise my general position. I am a foreigner who has lived permanently in Sri Lanka for twelve years. I have tried, in a small way, to contribute to the welfare of the country by becoming involved in my local community in Uva province. In spite of what the rabid trolls on Colombo Telegraph might say, I do not have any connections with the government. Because I am a foreigner, I have no emotional attachment to SLFP or UNP (or Fianna Fail or Fine Gael or Sin Fein).

When I first came to Sri Lanka, there was a cease-fire and people had a taste of peace. I thought it was safe to live here. I was dismayed when Mahinda Rajapakse was elected president because he had a reputation as a hardliner. I was further dismayed when the government decided to go for the military option against the LTTE. Dismayed because I knew that it meant civilians would be killed; dismayed because I did not think the SLA could win. My compatriots Martin McGuinness and John Hume advised against the military option and I bought the received wisdom that such conflicts could only be ended by negotiation.

I now know that I was wrong. The LTTE was firmly against negotiation and used cease-fires to regroup. They had to be defeated. They were defeated and Sri Lanka is a far better place today than it was when I first arrived.

Mr Macrae’s Objections

 A

  1. The Emmy nomination is for a programme made in 2013 not for the first Killing Fields programme broadcast in 2011.
  2. “He [Padraig Colman] also seems to have taken a fair amount of his information from the book Corrupted Journalism – the anonymously funded and written book which was so carelessly written and which has been so completely discredited.”
  3. “Mr Colman claims over and over again that we failed to criticise the LTTE “.
  4. “Why doesn’t Padriac (sic) Colman actually address the evidence around the death of the child Balachandran Prabhakaran? “
  5. “He is also silent on the fact that even since then further photographic evidence has emerged again showing prisoners (including Isaipriya) alive in the custody of identifiable SLA soldiers.”
  6. “Because Mr Colman appears to be defending a government which claimed throughout the last few months of the war, not just that they had a policy of Zero Civilian Casualties – but that in practice not a single casualty had died as a result of government action! Now Mr Colman is arguing about whether the fact that the UN said during the war that at least 7000 had died (which they did) and that in the light of more information they revised that figure upward considerably.  But how does he explain the government’s claim of zero civilian casualties. There is not a word on that”.

My Response

 

Let me now deal with Mr Macrae’s points:

  1. I thank him for the clarification. Channel 4 are still using the title The Killing Fields, thereby making a ludicrous link with what happened in Cambodia under the Khmer Rouge. There have been previous awards and nominations for these Channel 4 programmes, including one for the Nobel Peace Prize (previous winners of that include Kissinger, the EU and Obama; previous nominees include Hitler, Stalin and Theodore Roosevelt). My critique was aimed at the Channel 4 project as a whole. I do not think it is contributing to peace in Sri Lanka.
  2. I published criticisms of Channel 4 before Corrupted Journalism was published. The authors cite me several times in their endnotes but I also detected my influence in the sections on churnalism and factoids. In Channel 4’s immediate response, Ben de Pear flippantly called the book a heavy tome even though it is merely a 222-page paperback. Mr Macrae has pointed me in the direction of a more serious response to the book. This also refers to the book as “hefty”.
  3. “Mr Colman claims over and over again that we failed to criticise the LTTE”. I have read and reread various drafts and versions of my article. I do not say even once that Channel 4 failed to criticise the LTTE. That said, I think that viewers who do not know the historical background will come away from these programmes with the impression that it was SLA committing all the atrocities. Mr Macrae needs to make a programme with vivid visual images of children massacred by the LTTE. Perhaps he could make a programme calling for Adele Balasingham to be tried for war crimes. She gave cyanide to 13 year old girls and is, I understand, now living comfortably in New Malden.
  4. Whereof one cannot speak, thereof one must be silent.” Wittgenstein. The idea of a 12 year old boy being executed is indeed distressing. I was silent on the subject because I had nothing useful to say, no special knowledge to add. I would certainly not defend it. People who have not remained silent on the topic have reminded us of the young Buddhist monks executed by the LTTE at Anuradhapura or the 147 Muslim boys and men slaughtered while at prayer at Katankudy mosque. Perhaps Mr Macrae could make a film about those incidents. Did the government not provide Prabhakaran’s parents with pensions and medical care? Did the government not airlift Daya Master to hospital for heart surgery and then give him transport back to the war? The widow of Colonel Soosai, leader of the Sea Tigers, was captured along with her children, by the Sri Lankan Navy in May 2009. She said: “The Sri Lanka armed forces have treated us very well and afforded us all the facilities we never had before that. Today we are living happily with my children who are continuing their education well. My parents are also living with me. The story about certain LTTE leaders coming to surrender raising white flags is a fairy tale.”
  5. I am silent also about the circumstances surrounding the death of Isaipriya because I have no special knowledge on the subject. I do know that she was not a civilian non-combatant.
  6. Mr Macrae seems a little muddled about what I have written about civilian casualties. I have not been silent about the numbers of civilian casualties. I have written many articles on this, some of them lengthy with extensive footnotes. In these articles, I have said quite clearly that I think the idea of zero civilian casualties is ridiculous. Mr Macrae misleads himself by mistaking me for a defender of the government.

Panel of Experts –Completely Discredited

In The Uncorrupted Truth, Mr Macrae states: “But our findings have also been separately confirmed by the UN Panel of Experts on Sri Lanka appointed by Ban Ki Moon. The Panel found credible allegations associated with the final stages of the war. Between September 2008 and 19 May 2009, the Sri Lanka Army advanced its military campaign into the Vanni using large-scale and widespread shelling, causing large numbers of civilian deaths”.

The Marga Institute described the report as “tendentious”. Credible allegations are not the same as established facts. “On the basis of reasonable assumptions, the Panel could have built on the UN estimate of 7,721. They reject this estimate saying ‘it is likely to be too low’ and ‘many casualties may not have been observed’. The Panel opts for a much higher estimate of 40,000 without indicating the basis for this estimate…There is a strong impression left that the Panel is not satisfied with a low estimate as that would call into question its interpretation of government strategy”.

Corrupted Journalism

I have read Mr Macrae’s detailed rebuttal of Corrupted Journalism. I do not intend to deal with it in detail myself, partly because I do not have the time, space or expertise, but mainly because, just as it is not my job to defend the government, it is not my job to defend Engage Sri Lanka. When I read about the book in the Sri Lankan press, I groaned at the naivety of setting such great store by the views of AA Gill. I read the book carefully and, like many others with whom I have discussed it, I found it fairly substantial. I understand why Mr Macrae does not agree.

I urge my readers to examine Mr Macrae’s case at:

www.channel4.com/microsites/…/The%20Uncorrupted%20Truth_R7.pdf

Mr Macrae is highly offended that Engage Sri Lanka should accuse him of corruption. However, he dismisses any criticism of the Channel 4 programmes as sinister and portrays himself as the underdog, despite the fact that his work has received much publicity all over the world. Everyone but Callum Macrae has ulterior motives. He knows nothing about me (and misspells my name) but calls me a “defender of the government”. He suggests I am being petty for questioning the number of civilian casualties bandied about. I have written many times about GOSL’s PR ineptitude. Sometimes they just cannot win He asserts that Engage Sri Lanka are dubious because they are anonymous and mysteriously funded. He swats away other critics because they write for “pro-government” publications. Don’t take points made in Lies Agreed Upon seriously because it is a Sri Lankan government propaganda film. SLA’s attempts to clear its name can be discounted because, well, they would say that wouldn’t they?

Then What?

 After such knowledge, what forgiveness?

TS Eliot Gerontion

Mr Macrae has fashioned a good career from covering the Sri Lankan tragedy. There is no mileage in him making a film about how things have improved here. I do not have Channel 4’s resources and have no chance of making a good career from arguing with Mr Macrae. I urge my readers to watch all his Channel 4 programmes and to read The Uncorrupted Truth. I will now move on and devote my time to writing poetry and erudite articles about philosophy and nature and posting pictures of cute puppies and kittens on Facebook.

Before retiring from the fray, I would like to pose the question: what is the purpose of these Channel 4 programmes? Is this regular drip-feeding of horror stories likely to make the lot of any individual Sri Lankan, Sinhalese or Tamil, any better? What would satisfy Mr Macrae? If the government punished individual soldiers for specific crimes, would that suffice? I doubt it. Does he want Gotabhaya Rajapaksa or Sarath Fonseka to stand trial? Would he be satisfied only if President Rajapaksa were put in the dock? As this is not likely to happen, are we to look forward to programmes on The Killing Fields in perpetuity?

Channel 4 and Sri Lanka

A shorter version of this article appeared in Ceylon Today on Wednesday October 22 2014. It can be found on page 7 of the E-paper at:
http://www.ceylontoday.lk/e-paper.html
It was also reproduced by Sri Lanka Guardian:
http://www.srilankaguardian.org/2014/10/there-is-no-room-for-truth-in-world-of.html

There is no room for truth in the world of sound bites.

For some bizarre reason the article is credited by Sri Lanka Guardian to Upul Joseph Fernando rather than me.

No Fire Zone: the Killing Fields of Sri Lanka

I was most dismayed to read an article by my friend and colleague Sulochana Ramiah Mohan on the front page of Ceylon Today on Wednesday 15 October. Sulochana reported that Channel 4’s No Fire Zone: the Killing Fields of Sri Lanka is one of four documentaries nominated for the International Emmy Awards 2014. This news comes at a time when I am considering making a submission to Sandra Beidas, at OIHCR. Her remit is “to coordinate work and activities and act as the main interlocutor with stakeholders and oversee report writing and documentation,” in relation to a UN inquiry into alleged war crimes in the last seven years of Sri Lanka’s war.

Channel 4 first screened The Killing Fields of Sri Lanka in 2011. Why is it being nominated for an Emmy in 2014? Is the nomination timed to coincide with Beidas’s investigation?

The Allegations

The main charges covered in the programme are:

  • The Sri Lanka army and air force targeted hospitals and civilians in the NFZs (no-fire zones) leading to 40,000 civilian deaths
  • Withholding of food and medical supplies from the north
  • Summary execution of prisoners
  • Rape of female combatants and civilians
  • Imprisoning of Tamil civilians in concentration camps.

Numbers

Jon Snow introduces the Channel 4 programme by citing the “Panel of Experts” report commissioned by UN General Secretary Ban Ki-Moon. Callum Macrae, director of Sri Lanka’s Killing Fields said: “Channel 4 has been reporting on this throughout the past two years and the documentary Sri Lanka’s Killing Fields represents the culmination of all that. Although the release comes not long after the Panel of Experts (Darusman), report was published, that was a coincidence and we were clearly researching at the same time. However, I think it’s significant that we both reached virtually identical conclusions.”

It would not be surprising that they reached similar conclusions if they were both using the same tainted evidence. The Channel 4 effort resembles the Darusman Report in the way it presents in a tendentious manner allegations posing as fact. The Marga Institute deconstructed the Darusman Report.[i]

When Gordon Weiss was UN representative in Sri Lanka he went on record as saying the number of civilian casualties was 7,000. This became the official figure quoted by The UN General Secretary’s New York spokesperson,  Michelle Monas, who told Inner City Press reporter Matthew Lee, “We have no way of knowing the exact count”. When Weiss left the UN and returned to Australia, he increased the figure to 40,000.

In his book, The Cage, Weiss quotes a press release by Navi Pillay in which she says as many as 2,800 civilians “may have been killed”. Weiss gives this spin: “Critically, the civilian death toll Pillay quoted finally established a baseline that had some kind of official imprimatur and weakened government efforts to confine solid numbers to the realm of speculation and confusion”. Pillay’s statement did not take us out of the realms of speculation because she said “as many as 2,800 may have been killed”. That is speculation. What does establishing a “baseline” mean? Does it mean that because Pillay says “as many as 2,800 may have been killed” that gives Weiss licence to say 10,000 to 40,000 and Frances Harrison to say 147,000?

Sir John Holmes, the UN Under-Secretary-General for Humanitarian Affairs and UN Emergency Relief Coordinator challenged even Gordon Weiss’s lower estimate of 7,000 civilian deaths, made in 2009, Holmes stated in New York on 24 March 2009 that this figure could not be verified. In spite of this, Weiss throughout The Cage routinely talks of “between 10,000 and 40,000”, which is meaningless.

A detailed discussion of numbers of civilians killed can be found in The Numbers Game: Politics of Retributive Justice, by the Independent Diaspora Analysis Group – Sri Lanka.[ii] I summarised that report on the Transconflict website and attended a seminar on it at the Marga Institute.[iii] There was a strong theme at the seminar of the need to acknowledge the size of the catastrophe. Those who are citing inflated figures are making a demand for reckoning based on the assumption that Sri Lankans did not care. That exaggeration in turn prompted a bunker mentality among the victors who were reluctant to admit to a figure of civilian dead for fear of a litigious reaction. After careful consideration, the IDAG-S concluded that the civilian death toll was probably between 15,000 and 18,000. This itself has been challenged by Professor Rajiva Wijesinha, who points out that “only 6000 injured were taken off by the ICRC ships over four months, along with bystanders, suggesting that the figure of the dead would have been less.” The 18,000 figure includes civilians killed by the LTTE, the IDAG-S says, although “it is probable that more were hit by government fire than by the LTTE, the latter’s ‘work’ in this sphere was not small”. The IDAG-S estimate is, despite the ire of some critics, somewhat higher than some other calculations, even by Tamils.

Rajasingham Narendran talked to IDPs who had fled the last No-Fire Zone in April 2009 and later with IDPs at Menik Farm and elsewhere. He said: “My estimate is that the deaths — cadres, forced labour and civilians — were very likely around 10,000 and did not exceed 15,000 at most”. Muttukrishna Sarvananthan of the Point Pedro Institute said “[approximately] 12,000 [without counting armed Tiger personnel] “.Dr. Noel Nadesan: ““roughly 16,000 including LTTE, natural, and civilians”. Note that Nadesan includes fighters and natural deaths. In any population, a number would die from natural causes of ill health or medical misadventure at child birth or operation. On 13 March 2009, UN Human Rights Commissioner Navi Pillay issued a press release saying that as many as 2,800 civilians “may have been killed”. Data compiled by the South Asia Terrorism Portal, data “primarily based on figures released by the pro-LTTE Website Tamil Net”, put the casualty figure for civilians inside Mullaithivu at 2,972 until 5 April 2009.

IADG-S considers that those who claim that 147,000 civilians were killed have moved “into the realms of statistical fantasy in ways that raise questions about their integrity / morality”. “It would seem that such spokespersons are motivated by moral rage and retributive justice. They seek regime change in Sri Lanka – a form of 21st century evangelism that is imperialist in character and effect.”

A more recent publication by the Marga Institute and the Consortium of Human Rights Agencies also deals with this issue. [iv]

 

Shelling Hospitals

Viewers would not realise that the LTTE possessed and used a wide range of artillery and mortars, including 152mm long-range guns, 130mm artillery pieces, 122mm artillery guns, 120mm mortars, 81mm mortars, 60mm mortars and multi-barrel rocket launchers. There is an odd statement in paragraph 94 of the Darusman report where it is acknowledged that the LTTE fired artillery from the vicinity of Puthukkudiyiruppu hospital (PTK) but that they did not use the hospital for military purposes. Channel 4 chose not to mention that LTTE fired from within the no-fire zones, often from the vicinity of hospitals and that the Sri Lankan army had fired back in response. They did not mention clear evidence that the LTTE shelled hospitals and shot their own people. Their own star witness Gordon Weiss says in his book that PTK hospital was hit by artillery fire on several occasions and that “a number of strikes appeared to be from Tamil Tiger positions”. Channel 4 gave the false impression that any government shelling within the no-fire zone was unilateral and unprovoked.[v]

 

Channel 4 suggests that was SLA’s policy to drive hundreds o thousands of civilians into harm’s way when the reality is that soldiers risked and often lost their lives trying to get civilians out of danger. Channel 4 repeatedly ignored the fact that the hundreds of thousands of civilians caught up in the last weeks of fighting had been forced into the combat zone by the LTTE, who then brutally prevented them from leaving.

 

Rape

In Lakbima News June 26 2011, Namini Wijedasa interviewed Christof Heyns, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions. She put it to him that the Channel 4 programme called on viewers to make many inferences from the footage used. “It suggests, for instance, that women were raped, although it is not possible to determine from the bodies whether sexual abuse had, in fact, occurred.” The then US Secretary of State Hillary Clinton had made an accusation that GOSL were employing rape as a policy. She later withdrew the allegation.

Heyns’s response to Namini’s question was : “I think the video has to be seen in the context of all the available evidence, which includes what has been investigated and published by NGOs and the panel of the Secretary General. The cumulative effect of the available evidence makes a coherent case that there is reason for serious concern about what both sides did during the war, and in particular what happened in the final stages, when the government gained the upper hand, and that there were no outside witnesses”.

“In the context of all the available evidence” seems to mean that if enough dodgy allegations are gathered together, they gain some credibility purely from their critical mass. This is something akin to those urban myths that gather moss on the internet. If a rumour appears on a lot of websites or blogs, it is quoted repeatedly and the mere accumulation is seen as proof.

Withholding Supplies

Channel 4 alleges that GOSL deliberately withheld food and medical supplies from the north. It is a little-known (in the west) and perhaps surprising fact that throughout the conflict, the central government tried to maintain a government structure even in LTTE-held territories. It continued to send food and medicine even though it knew that much of this would be siphoned off by the enemy. The doctors working in the embattled hospitals in the north attested that they had ample supplies.

Authenticity of Tapes

Another UN Rapporteur, Philip Alston, said his experts (Peter Diaczuk, an “expert in firearms evidence”, Daniel Spitz, a “forensic pathologist”, and Jeff Spivack, an “expert in forensic video analysis”) could prove the authenticity of the images used by Channel 4 showing abuses by SLA soldiers. Alston conceded that there were some “characteristics of the video which the experts were unable to explain” but asserted that “each of these characteristics can, however, be explained in a manner entirely consistent with the conclusion that the videotape appears to be authentic.”

Alston’s “experts” do not inspire confidence. Spitz’s father, who had held the post before him, appointed him Medical Examiner for Macomb County. Spitz achieved notoriety by ruling that an execution-style death was suicide, not noticing a bullet hole in the neck and a bullet in the jaw. Fredericks had no training in photogrammetry and has no more expertise than a layperson. He lied in court about his company’s ties to Taser, and supported a police cover-up. Spivack was a not very successful self-employed private investigator (he filed bankruptcy in 2003), with little verifiable work experience, and flaky credentials.

Unreliable Witnesses

An important witness in the Channel 4 programmes is referred to as “Vani Kumar”. The Channel 4 commentary at no point mentions that her real name was Damilvany Gnanakumar and that she was a Tamil Tiger whom Castro ordered to work in Mullivaykkal hospital. In London, she was women’s co-ordinator for the Tamil Youth Organisation, an LTTE front. In Kilinochchi, she was assigned to work with foreign media and was described by a former colleague called Prabakaran as a “news correspondent”. He said she had been trained to use firearms and wore a cyanide capsule around her neck. As long ago as September 2009, Gnanakumar was discredited. Channel 4 must have known about her past.

Semiotics

I am not an investigative reporter or an expert on authenticating videos. I have communicated with Siri Hewavitharana, the expert who questioned the authenticity of the tapes. I have had a lengthy telephone conversation with the lead author of The Numbers Game, which gives a detailed rebuttal of the figures used by Channel 4. I have participated in Marga Institute seminars on the topic. I do have some knowledge of semiotics and linguistic analysis. When I first saw the Channel 4 programme, many things about it jarred.

The title, Sri Lanka’s Killing Fields, is a major distortion as there is no comparison between Pol Pot’s ambition to send Cambodia to Year Zero and the efforts of a democratically elected government to deal with terrorism within its own sovereign borders. The director manipulates viewers’’ emotions throughout the film by means of images and music, as well as voice-over commentary.

Jon Snow introduces the programme by saying that at the war’s end “as many as 40,000, and possibly far more, civilians were killed”. That is meaningless. How can one say “as many as” and “possibly far more” in the same sentence?

Alston employs strange language to defend the authenticity of the videos. The unexplainable characteristics can be explained in a manner consistent with the conclusion that the video appears to be authentic. Alston is not saying the “experts” have said the video is authentic. The unexplainable can be explained to fit a conclusion that the video appears to be authentic. Even if they came out and said directly that the video was genuine and had not been tampered with, this is not proof that it shows Sri Lankan soldiers killing Tamils.

IDP Camps

The Channel 4 programme includes a solemn sequence about the brutality of life in the IDP camps. The director manipulates our emotions with sinister soundtrack music. The Emmy nomination allows Channel 4 to continue to peddle untruths about the camps. Here in October 2014, we know that the predicted mass deaths from disease or a policy of genocidal extermination did not happen. Today the camps are empty.

Even in 2009, Channel 4 should have known that these were not concentration camps. The camps had banks with ATMs, shops and schools with children studying for and passing exams. B Lynn Pascoe, UN Under Secretary for Political Affairs, visited the IDP camps in September 2009 and said, “You have a better story than is getting out today.” Mr. Pascoe stated that he was “impressed by the work done by the Army, the demining teams, the UN staff and the civil society” and that his team also witnessed the rehabilitation work that was underway.

Conclusion

Channel 4 used Gordon Weiss as one of its major “witnesses” but chose to ignore what he had written about the (generally) exemplary conduct towards Tamil civilians of the SLA. There is testimony from many surviving Tamil civilians about the risks that soldiers took to protect civilians. The Red Cross and Human Rights Watch also said this. Weiss, Tamil survivors, the Red Cross and HRW also made it clear that the LTTE were firing artillery from hospitals, using civilians as human shields and shooting those who tried to escape. Channel 4 mentions none of this. The first programme devoted only 49 seconds to LTTE abuses.

A book called Corrupted Journalism[vi] produced by a collective known as Engage Sri Lanka covers these issues in far more detail than I can do here. They have the good judgement to cite me on several occasions. Channel 4 spokesperson, News Editor Ben de Pear, attempted to rubbish the book but did not, in any way, address the detailed concerns raised in it. In fact, he makes it clear that he has not even read it. “I do not have this weighty tome in my hands, so I can’t react to everything it says.” This “weighty tome” is a paperback of 222 pages. It is also available online. Engage Sri Lanka’s argument is supported by 625 detailed footnotes, an eight-page bibliography and 12 pages of appendices. De Pear’s flippant response clearly indicates that he does not want to employ joined-up thinking and address detail.

De Pear hides behind a ruling by the UK regulator, which dismissed a complaint about the programme. “All three times Ofcom found in our favour, found our journalism to be balanced and objective and dismissed all Sri Lankan complaints. All other complaints made by the government were ignored by Ofcom.”

No, they did not. This is what Ofcom said:”While all subjects in news programmes must be presented with due impartiality and reported with due accuracy, in other non-news programmes there is no requirement in the Code for issues to be treated with due accuracy.” Ofcom, despite what de Pear claimed, did not find in Channel 4’s favour in the sense that it decided that they had reported the truth. Ofcom decided not to require Channel 4 to respond to the “detailed and lengthy concerns” raised in the complaint simply because it would be too expensive for them and it might discourage broadcasters from making controversial programmes.

Engage Sri Lanka commented: “a company generating a billion pounds of revenue and employing 800 people couldn’t afford the cost of responding to a legitimate complaint. Channel 4 then added that to have to respond to the complaint posed a ‘serious threat to the future of…current affairs television’ and had the potential to be ‘highly chilling of free expression’”. At the annual Hugh Cudlipp lecture a few weeks before the complaint, Jon Snow praised Ofcom.

 

At the Marga seminar I attended, Dr Godfrey Gunatilleke, opened the proceedings by answering the question: “Do numbers matter”. He acknowledged that, while even a low number of casualties was cause for anguish, citing large and inaccurate figures raised issues of the proportionality of the military response and the ethical position of the line of command. Continual recycling of spurious figures can only inhibit the healing process.

Civilians die in war. In a “civil” war where one side deliberately holds its own people hostage there are, regrettably, bound to be civilian casualties. It is clear from the testimony of even those critical of GOSL, such as Gordon Weiss , that SLA soldiers behaved well towards Tamil civilians and there is no evidence that they were under orders to be brutal. It would have been surprising if there had not been some atavistic and brutal reaction from some soldiers who witnessed horrible things happening to their comrades and lived under traumatic fear themselves. The IDAG-S conclusion states clearly: “Nothing in this survey denies the probability and the evidence that some extra-judicial killings of high-ranking LTTE officers occurred during the last days of the war. These actions need to be impartially investigated by an independent body, and where possible criminal indictments pursued against the perpetrators.”

There is a strong case for accountability and recognition of the loss of life. The current situation does not hold out much hope for genuine reconciliation. Naming and shaming on the basis of exaggerated numbers is not the way to persuade the Sinhalese community to recognise the loss of life amongst the Vanni Tamils. Bludgeoning them with inflated numbers could lead to a backlash.

Engage Sri Lanka make an excellent point in their conclusion. “Channel 4 seems oblivious to the fact that their dubious allegations about the conflict in Sri Lanka are artificially sustaining what remains of the LTTE, one of the world’s most ruthless terrorist organisations, and elements of the Tamil diaspora that continues to support it in pursuing unrealistic expectations”.

 

 

[i] www.margasrilanka.org/app/webroot/…/files/Truth-Accountability.pdf

 

[ii][ii] https://www.scribd.com/doc/132499266/The-Numbers-Game-Politics-of-Retributive-Justice

 

[iii] http://www.transconflict.com/2013/06/the-numbers-game-and-reconciliation-in-sri-lanka-136/

 

[iv] https://www.dropbox.com/s/tdxwntf7wu5andq/The%20Last%20Stages%20of%20the%20war%20in%20Sri%20Lanka.pdf?n=66191473

 

[v][v] LTTE artillery can be seen on YouTube: http://www.youtube.com/watch?feature=endscreen&NR=1&v=lFDm5KVibmE

 

[vi] http://www.corruptedjournalism.com/

 

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