Arrest Sri Lanka’s Defence Attaché To UK: Tamil Diaspora Tells UK Government

Brigadier Sawrna Bothota

SEPTEMBER 7, 2020

We publish below the letters in full:

The Rt. Hon. Dominic Raab

Secretary of State for Foreign and Commonwealth Affairs

Foreign and Commonwealth Office

King Charles Street London SW1A 2AH

2 September 2020

Dear Mr Raab,

Sri Lanka’s Defence Attaché to the United Kingdom Brigadier DBSN Bothota

We are writing to you relating to Sri Lanka’s Defence Attaché to the United Kingdom, Brigadier Dappula Bandara Swarna Bothota. Please find attached a detailed legal representation letter along with supporting material. Below is a summary of our case against the Defence Attache’ and our request to the Foreign and Commonwealth Office (FCO).

Sri Lanka’s military stands accused of committing grave atrocity crimes and genocide during the decades long civil war. According to UN figures released almost 6,500 ethnic Tamil civilians have been killed and 14,000 more injured in the fighting between the government and rebel forces since late January 2009. Respected human rights organisations estimate that at least 40,000 civilians were killed during the final stages of the war in 2009.

During the war, in February 2008, Brigadier Bothota was elevated to a Lieutenant Colonel and appointed as the commander of the senior most regiment of the Sri Lankan Army, namely 1st Reconnaissance Regiment Sri Lanka Armoured Corps. He served in this position until February 2009, playing a significant role in the Sri Lankan military during the final stages of the war.

In accrediting Brigadier BDSN Bothota, the FCO has not done the necessary due diligence to ensure that potential human rights violators are prevented from entering the UK and being allowed to hold office in the UK. Sadly, this would be the third time in succession, the FCO has accredited a war criminal as Sri Lanka’s Defence Attaché.

The first was Major General Prasanna Silva, named in three UN reports as a war criminal. Silva was asked to leave because of the threat of a judicial review. The second was Brigadier Priyanka Fernando, who threatened to decapitate peaceful protestors in front of the Sri Lankan High Commission in London. After he was asked to leave following the intervention of the APPG for Tamils among others and the threat of a judicial review, the FCO accredited Brigadier DBSN Bothota.

We call upon your office to to set out in clear detailed terms, supported by evidence of the actions taken by Her Majesty’s Government, exactly how it has met and continues to meet all of its obligations imposed by international and domestic law arising from the acceptance of Brigadier Bothota as a Defence Attaché. Additionally, we seek an immediate declaration from the FCO that in accordance with its international and domestic obligations the UK will declare Brigadier Bothota a ‘persona non grata’, curtail his diplomatic visa in order to allow the Met Police to arrest him and investigate him for the offences he has committed.

Yours Sincerely,

British Tamil Conservatives 

International Centre for Prevention & Prosecution of Genocide

PEARL

Tamil Coordinating Committee UK 

Tamils for Labour

Tamil Information Centre

Tamil Youth Organisation

Together Against Genocide

Transnational Government of Tamil Eelam

World Tamil Historical Society

Copies To:

Rt. Hon. Boris Johnson, Prime Minister

Lord Ahmad of Wimbledon, FCO Minister for South Asia

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The Right Honourable Dominic Raab MP

Secretary of State for Foreign & Commonwealth Affairs

King Charles Street
London SW1A 2AH

30 July 2020

Dear Mr Raab,

SRI LANKAN MILITARY ATTACHE BRIGADIER DAPPULA BANDARA SWARNA NARAYANA BOTHOTA

We are writing to request you to declare Sri Lankan Military Attache, Brigadier Dappula Bandara Swarna Narayana Bothota, a “persona non grata”. We are of the view that the UK has under international law and domestic law, clear obligations to:

a) curtail the diplomatic visa of Brigadier Swarna Bothota;

b) declare Brigadier Swarna Bothota a ‘persona non grata’;

c) seriously consider the initiation of criminal investigations.

Those obligations arise in the context of the Sri Lankan government persistently and systematically breaching the “intransgressible” principles of International Humanitarian Law, arguably perpetrating war crimes, crimes against humanity, genocide and committing gross violations of international human rights law during the war between the LTTE and the Sri Lankan government that ended in May 2009 and Brigadier Swarna Bothota playing a significant role in the Sri Lankan military during the relevant period of time.

The situation in Sri Lanka, particularly in the area of Vanni could not have been more serious. According to UN figures released almost 6,500 ethnic Tamil civilians have been killed and 14,000 more injured in the fighting between the government and rebel forces since late January 2009[1]. Respected human rights organisations estimate that at least 40,000 civilians were killed during the final stages of the war in 2009. On 21 April 2009, the International Committee of the Red Cross, the only aid agency with a permanent albeit restricted access to the warzone, described the situation as “nothing short of catastrophic” [2]with hundreds of civilians killed or wounded in the last few days[3]. UN Officials estimated that as many as 50,000 people remained trapped in the narrow stretch declared a no-fire zone by the Sri Lankan government despite tens of thousands fleeing the area[4]. The overwhelming majority of those killed were children[5].

During the war, in February 2008, Brigadier Bothota was elevated to a Lieutenant Colonel and appointed as the commander of the Senior Most Regiment of the Sri Lankan Army namely 1st Reconnaissance Regiment Sri Lanka Armoured Corps and served in this position until February 2009. Between August 2007 and January 2008, he was the Commanding Officer of the 6th Regiment of the Sri Lanka Armoured Corps.

In light of these facts relating to the final stages of the war, it is our view that the UK government’s refusal to declare Brigadier Swarna Bothota a ‘persona non grata’ and the UK Government’s decision to continue his diplomatic visa have in no way complied with its responsibilities under international and domestic law. In the face of such systematic and widespread violations of international humanitarian law and human rights standards by another state, the UK government has a number of obligations under international law. We are of the view that those obligations have not been met.

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