<b>Detention of two SLMM members by LTTE: Monitors clear navy of any flaws</b>

Namini Wijedasa - The Island

The Sri Lanka Monitoring Mission has cleared the navy of any wrongdoing in the incident where LTTE cadres forcibly held two monitors against their will.

The LTTE had earlier castigated the navy for intercepting and holding their Indian-registered vessel on July 13 and 14. They also claimed the navy had rammed their boat while the monitors were on board and accused the navy of continuing to engage in "provocative actions".

However, the final ruling on the Iranativu incident delivered by the monitoring mission holds that the navy acted within its mandate in intercepting, inspecting and deciding to detain the LTTE trawler, authoritative defence sources told ‘The Island’ yesterday.

"According to the CFA (ceasefire agreement) Article 1.3, it is the legitimate task of the Sri Lankan armed forces to safeguard the sovereignty and territorial integrity of Sri Lanka without engaging in offensive operations against the LTTE," the sources cited the ruling as saying.

"This includes the task of the Sri Lankan Navy, if deemed necessary, to intercept, inspect and detain any ship or vessel regardless of whether it is of national or foreign origin in the sea of Sri Lanka," the document adds.

"Applicable international law also supports the action taken by the Sri Lankan Navy," it elaborated.

"The UN Convention on the Law of the Sea, Article 19, states that the passage of a foreign ship shall be considered to be prejudicial to the peace, good order or security of the coastal State if in the territorial sea it engages in, e.g., any fishing activities or in any other activity not having a direct bearing on passage."

The navy’s action is supported, too, by the national legislation on the Regulation of Foreign Fishing Boats.

The ruling cites relevant sections of the ceasefire agreement: paragraph four of the preamble and articles 1.3, 1.7, article 3 (preamble), 3.9 and 3.10.

Significantly, article 1.7 prohibits the parties from moving munitions, explosives or military equipment into the area controlled by the other party.

Article 3 pertains to the mandate of the SLMM while article 3.9 states that both parties shall be responsible for the appropriate protection of and security arrangements for all SLMM members.

Article 3.10 says that the parties must ensure the freedom of movement of the SLMM members in performing their tasks. It also holds that the members shall be given immediate access to areas where violations of the agreement are alleged to have taken place and that the parties will facilitate the widest possible access to such areas for the local members of the SLMM committees.

SLMM chief Trond Furuhovde’s conclusions were based on information provided in the final report of the SLMM monitors — P. E. Bjerke and Mrs. M. Heilmann — who were involved in the incident.

The mission also considered a government letter dated July 19 which complained of the incident being a violation of the ceasefire agreement by the LTTE, the navy’s report on the incident, video recording of the incident made by the navy and an LTTE letter to the SLMM dated July 14 which included their account.

- The Island -