VZCZCXYZ0015
OO RUEHWEB
DE RUEHRL #0242 0371748
ZNY SSSSS ZZH
O 061748Z FEB 07
FM AMEMBASSY BERLIN
TO SECSTATE WASHDC IMMEDIATE 6940
S E C R E T BERLIN 000242
SIPDIS
NOFORN
SIPDIS
FOR S/ES-O, EUR AND L
E.O. 12958: DECL: 02/06/2017
TAGS: KJUSPTERPRELPGOVGM
SUBJECT: AL-MASRI CASE -- CHANCELLERY AWARE OF USG CONCERNS
REF: A. BERLIN 230
¶B. BERLIN 200
Classified By: DCM John M. Koenig for Reasons 1.4 (b) and (d)
¶1. (S/NF) In a February 6 discussion with German Deputy
National Security Adviser Rolf Nikel, the DCM reiterated our
strong concerns about the possible issuance of international
arrest warrants in the al-Masri case. The DCM noted that the
reports in the German media of the discussion on the issue
between the Secretary and FM Steinmeier in Washington were
not accurate, in that the media reports suggest the USG was
not troubled by developments in the al-Masri case. The DCM
emphasized that this was not the case and that issuance of
international arrest warrants would have a negative impact on
our bilateral relationship. He reminded Nikel of the
repercussions to U.S.-Italian bilateral relations in the wake
of a similar move by Italian authorities last year.
¶2. (S/NF) The DCM pointed out that our intention was not to
threaten Germany, but rather to urge that the German
Government weigh carefully at every step of the way the
implications for relations with the U.S. We of course
recognized the independence of the German judiciary, but
noted that a decision to issue international arrest warrants
or extradition requests would require the concurrence of the
German Federal Government, specifically the MFA and the
Ministry of Justice (MOJ). The DCM said our initial
indications had been that the German federal authorities
would not allow the warrants to be issued, but that
subsequent contacts led us to believe this was not the case.
¶3. (S/NF) Nikel also underscored the independence of the
German judiciary, but confirmed that the MFA and MOJ would
have a procedural role to play. He said the case was subject
to political, as well as judicial, scrutiny. From a judicial
standpoint, the facts are clear, and the Munich prosecutor
has acted correctly. Politically speaking, said Nikel,
Germany would have to examine the implications for relations
with the U.S. At the same time, he noted our political
differences about how the global war on terrorism should be
waged, for example on the appropriateness of the Guantanamo
facility and the alleged use of renditions.
¶4. (S/NF) Nikel also cited intense pressure from the
Bundestag and the German media. The German federal
Government must consider the "entire political context," said
Nikel. He assured the DCM that the Chancellery is well aware
of the bilateral political implications of the case, but
added that this case "will not be easy." The Chancellery
would nonetheless try to be as constructive as possible.
¶5. (S/NF) The DCM pointed out that the USG would likewise
have a difficult time in managing domestic political
implications if international arrest warrants are issued. He
reiterated our concerns and expressed the hope that the
Chancellery would keep us informed of further developments in
the case, so as to avoid surprises. Nikel undertook to do
so, but reiterated that he could not, at this point "promise
that everything will turn out well."
TIMKEN JR
Friday, 15 January 2010, 12:23
S E C R E T SECTION 01 OF 03 COLOMBO 000032
SIPDIS
DEPARTMENT FOR SCA/INSB
EO 12958 DECL: 01/15/2020
TAGS PGOV, PREL, PREF, PHUM, PTER, EAID, MOPS, CE
SUBJECT: SRI LANKA WAR-CRIMES ACCOUNTABILITY: THE TAMIL
PERSPECTIVE
REF: A. 09 COLOMBO 1180 B. COLOMBO 8
COLOMBO 00000032 001.2 OF 003
Classified By: AMBASSADOR PATRICIA A. BUTENIS. REASONS: 1.4 (B, D)
¶1. (S)
SUMMARY: There have been a few tentative steps on accountability for crimes allegedly committed by Sri Lankan troops and civilian officials during the war with the LTTE. President Rajapaksa named a committee to make recommendations to him on the U.S. incidents report by April, and candidate Fonseka has discussed privately the formation of some form of “truth and reconciliation†commission. Otherwise, accountability has not been a high-profile issue — including for Tamils in Sri Lanka. While Tamils have told us they would like to see some form of accountability, they have been pragmatic in what they can expect and have focused instead on securing greater rights and freedoms, resolving the IDP question, and improving economic prospects in the war-ravaged and former LTTE-occupied areas. Indeed, while they wanted to keep the issue alive for possible future action, Tamil politicians with whom we spoke in Colombo, Jaffna, and elsewhere said now was not time and that pushing hard on the issue would make them “vulnerable.†END SUMMARY.
ACCOUNTABILITY AS A POLITICAL ISSUE
———————————–
¶2. (S) Accountability for alleged crimes committed by GSL troops and officials during the war is the most difficult issue on our bilateral agenda. (NOTE: Both the State Department Report to Congress on Incidents during the Conflict and the widely read report by the University Teachers for Human Rights (Jaffna) also detailed many incidents of alleged crimes perpetrated by the LTTE. Most of the LTTE leadership was killed at the end of the war, leaving few to be held responsible for those crimes. The Government of Sri Lanka (GSL) is holding thousands of mid- and lower-level ex-LTTE combatants for future rehabilitation and/or criminal prosecution. It is unclear whether any such prosecutions will meet international standards. END NOTE.) There have been some tentative steps on accountability on the GSL side. Soon after the appearance of the State Department report, President Rajapaksa announced the formation of an experts’ committee to examine the report and to provide him with recommendations on dealing with the allegations. At the end of the year, the president extended the deadline for the committee’s recommendations from December 31 until April. For his part, General Fonseka has spoken publicly of the need for a new deal with the Tamils and other minorities. Privately, his campaign manager told the Ambassador that Fonseka had ordered the opposition campaign to begin work planning a “truth and reconciliation†commission (ref B).
¶3. (S) These tentative steps notwithstanding, accountability has not been a high-profile issue in the presidential election — other than President Rajapaksa’s promises personally to stand up to any international power or body that would try to prosecute Sri Lankan war heroes. While regrettable, the lack of attention to accountability is not surprising. There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power. In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General Fonseka.
THE TAMIL PERSPECTIVE
———————
COLOMBO 00000032 002.2 OF 003
¶4. (S) For different reasons, of course, accountability also has not been a top priority for most Tamils in Sri Lanka. While Tamils have told us they would like to see some form of accountability, they have been pragmatic in what they can expect and have focused instead on securing greater rights and freedoms, resolving the IDP question, and improving economic prospects in the war-ravaged and former LTTE-occupied areas. Indeed, while they wanted to keep the issue alive for possible future action, Tamil leaders with whom we spoke in Colombo, Jaffna, and elsewhere said now was not time and that pushing hard on the issue would make them “vulnerable.â€
¶5. (S) The one prominent Tamil who has spoken publicly on the issue is Tamil National Alliance (TNA) MP, self-proclaimed presidential candidate, and Prabhakaran relative M.K. Sivajilingam. Breaking from both the TNA mainstream and the pro-government Tamil groups, he launched his campaign because he believed neither the government nor the opposition was adequately addressing Tamil issues. Sivajilingam has focused on creating a de-centralized federal structure in Sri Lanka with separate prime ministers for the Sinhalese and Tamils, but he also has spoken about accountability, demanding an international inquiry to get justice for the deaths and suffering of the Tamil people.
¶6. (S) Other Tamil politicians have not made public statements on accountability and are generally more pragmatic in their thinking. In our multiple recent discussions with TNA leader R. Sampanthan, he said he believed accountability was important and he welcomed the international community’s — especially the diaspora’s — interest in the issue. But Sampanthan was realistic about the dim prospects for any Sri Lankan government to take up the issue. Granting that governments in power do not investigate their own, Sampanthan nevertheless said it was important to the health of the nation to get the truth out. While he believed the Tamil community was “vulnerable†on the issue and said he would not discuss “war crimes†per se in parliament for fear of retaliation, Sampanthan would emphasize the importance of people knowing the truth about what happened during the war. We also have asked Sampanthan repeatedly for his ideas on an accountability mechanism that would be credible to Tamils and possible within the current political context, but he has not been able to provide such a model.
¶7. (S) Mano Ganesan, MP and leader of the ethnic Tamil Democratic People’s Front (DPF), is a Colombo-based Tamil who counts as supporters many of the well-educated, long-term Colombo and Western Province resident Tamils, and was an early supporter of Fonseka. The general made promises that convinced him that if Fonseka were to win, ethnic reconciliation issues would then be decided by parliament, not the Executive President. On accountability, Ganesan told us that while the issue was significant XXXXXXXXXXXX accountability was a divisive issue and the focus now had to be on uniting to rid the country of the Rajapaksas.
¶8. (S) TNA MP Pathmini Sithamparanathan told us in mid-December that the true story of what happened in the final weeks of the war would not go away and would come out eventually, but she also said now was not the time for war crimes-type investigations. Finally, on a recent trip to Jaffna, PolOff found that local politicians did not raise accountability for events at the end of the war as an issue of immediate concern, focusing instead on current bread-and-butter issues, such as IDP releases, concerns about Sinhala emigration to traditional Tamil regions, and COLOMBO 00000032 003.2 OF 003
re-developing the local economy.
COMMENT
——-
¶9. (S) Accountability is clearly an issue of importance for the ultimate political and moral health of Sri Lankan society. There is an obvious split, however, between the Tamil diaspora and Tamils in Sri Lanka on how and when to address the issue. While we understand the former would like to see the issue as an immediate top-priority issue, most Tamils in Sri Lanka appear to think it is both unrealistic and counter-productive to push the issue too aggressively now. While Tamil leaders are very vocal and committed to national reconciliation and creating a political system more equitable to all ethnic communities, they believe themselves vulnerable to political or even physical attack if they raise the issue of accountability publicly, and common Tamils appear focused on more immediate economic and social concerns. A few have suggested to us that while they cannot address the issue, they would like to see the international community push it. Such an approach, however, would seem to play into the super-heated campaign rhetoric of Rajapaksa and his allies that there is an international conspiracy against Sri Lanka and its “war heroes.†BUTENIS
The Bush administration made a series of claims prior to the Iraq War, each intended to support the idea that Saddam Hussein was a grave and imminent threat. None of these claims were true. The epilogue of the film, LEADING TO WAR, presents refutations to eight of these claims. Here, each of these claims is examined in detail, using government and press reports, to show how the Bush administration presented intelligence to support these claims, despite the fact that behind closed doors Bush officials knew this intelligence to be disputed or even false.