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Sri Lanka Core Group leader admits Gash reports not submitted to UNHRC
UK hindered war crimes investigation – Naseby tells Bachelet
By Shamindra Ferdinando
Leader of Sri Lanka Core Group, the UK, has suppressed official documents that could have helped the Geneva-based United Nations Human Rights Council (UNHRC) to establish the truth pertaining to war crimes allegations, including the number of deaths on the Vanni east front in 2009, Lord Naseby has said in a letter addressed to Michelle Bachelet, United Nations High Commissioner for Human Rights.
Lord Naseby has raised the issue in his capacity as the President of the All Party British-Sri Lanka Parliamentary Group. The Conservative politician was responding to the controversial ‘Report of the Office of the United Nations High Commissioner for Human Rights on Sri Lanka’ that recommended punitive measures against Sri Lanka, ahead of the 46th sessions of the UNHRC due to commence today (22).
Foreign Minister Dinesh Gunawardena is scheduled to address Geneva on Tuesday (23).
Lord Naseby, in his Feb 13, 2021, dated letter to Bachelet, has dealt with how the UK, a current member of the UNHRC, in addition to being member of the Sri Lanka Core Group, withheld from the UN body vital wartime dispatches sent to London by the British High Commission in Colombo in 2009.
Other Core Group members are Canada, Germany, North Macedonia, Malawi and Montenegro. The shocking suppression of High Commission dispatches came to light on Feb 16, 2021 when Lord Ahmad of Wimbledon, the Foreign, Commonwealth and Development Office, told Parliament that the UK Government had not received any request from the UN Human Rights Council for copies of dispatches written by the former defence attaché at the British High Commission in Sri Lanka, Lieutenant Colonel Gash about events in Sri Lanka related to the civil war, and had not provided any.
Lord Ahmad was responding to Lord Naseby’s query whether the UK government provided to UNHRC any (1) censored, and (2) uncensored, copies of dispatches from Lieutenant Colonel Gash, the former defence attaché of the British High Commission in Sri Lanka about events in that country between 1 January and 18 May 2009 relating to the civil war.
Lord Naseby has tabled the question on Feb 4, 2021.
Lord Naseby told The Island that he had to invoke the Freedom of Information Act 2000 to secure ‘Gash reports’ to secure documents though the UK held back some while even the released documents were censored. Gash reports disputed UN Panel of Experts (PoE) primary claim that the Vanni offensive claimed the lives of 40,000 civilians. Gash reports estimated the number of dead, both civilians and LTTE combatants at 7,000.
The UNHRC consists of 47 countries divided into five categories : African States( 13 seats),Asia-Pacific States( 13 seats), Latin American and Caribbean States( 8 seats), Western European and other States( 7 seats) and Eastern European States( 6 seats).
The following is the relevant section from Lord Naseby’s assessment of Bachelet’s report: “The UK government has the evidence of the UK Defence Attaché Lt. Col. Gash during his period of service in Sri Lanka. Following a Freedom of Information Request from me which took nearly 3 years, Col. Gash’s dispatches from the war front are now, in heavily redacted copies, in the public domain. There is ample evidence in these dispatches that Sri Lanka’s government at the time and its armed forces did not have a policy to kill Tamil civilians, indeed they went out of their way to rescue them with considerable success despite danger and losses to themselves. Removal of the redactions might well make it even clearer. By not providing these dispatches in un-redacted form, the British Government is hindering the process of establishing the truth of what really happened at the end of the Sri Lanka conflict.”
Lord Naseby’s Office told The Island that Lord Naseby prepared his own independent analysis of Bachelet’s report and sent it directly to the Office of the High Commissioner for Human Rights at the UNHRC in Geneva. In addition, as the UK was the lead member of the core group on UNHRC Resolution 30/1, 34/1 and 40/1 on Sri Lanka, copies had also been sent to Foreign Secretary, Dominic Raab MP and Lord Tariq Ahmad, Minister of State at the Foreign, Commonwealth & Development Office.
Lord Naseby’s Office said that the Lord had personally written to the UK Foreign Secretary Dominic Raab, to give due consideration for the long-standing friendship between Sri Lanka and the UK, especially as both countries were founding members of the Commonwealth. Lord Naseby had mentioned that it was more important than ever, especially in the midst of a pandemic that the UK continued to engage positively with Sri Lanka at every level and to support and strengthen peace and reconciliation amongst all communities.
Lord Naseby disclosed Gash’s reports on Oct 12, 2017. Sources said that Sri Lanka, too, refrained from requesting the UK to submit Gash reports though a section of the media repeatedly underscored the importance of them.
The suppression of vital documents came to light in the wake of Sri Lanka Core Group declaring its intention to present a unilateral resolution to promote ‘reconciliation, accountability and human rights’ in Sri Lanka.
The following is the text of the statement issued by the British HC in Colombo over the weekend: “The Core Group pays tribute to the people of Sri Lanka and wishes to highlight our ongoing commitment to accountability, reconciliation, and inclusive peace in Sri Lanka.
We recognize and welcome the progress made by the Government of Sri Lanka in rebuilding infrastructure, demining, land return and resettling internally displaced persons. However, it is clear that more needs to be done to address the harmful legacies of war and build a sustainable peace in the country.
This month, the United Nations Human Rights Council will consider an important report recently published by the Office of the United Nations High Commissioner for Human Rights (OHCHR), on human rights, reconciliation and accountability in Sri Lanka.
It has been important for the Core Group to work collaboratively and constructively with the Government of Sri Lanka over the last five years. Consequently, we have engaged with the Government of Sri Lanka in preparation for the Council.
The Core Group restates the ongoing importance of addressing Sri Lanka in the Human Rights Council. Informed by the report, the Core Group intends to present a resolution to promote reconciliation, accountability and human rights in Sri Lanka.”
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PCoI on Easter Sunday attacks:
By Shamindra Ferdinando
Attorney General Dappula de Livera, PC is not bound by recommendations made by the Presidential Commission of Inquiry (P CoI) into the 2019 Easter Sunday carnage, or presidential directives in that regard, according to authoritative sources.
They said that the AG couldn’t under any circumstances initiate legal proceedings until he had received the full PCoI report.
President Gotabaya Rajapaksa received the PCoI report on Feb 1. The President’s Office delivered a set of PCoI reports to Speaker Mahinda Yapa Abeywardena on Feb 23, a day after the report was presented to the cabinet of ministers. The Island raised the matter with relevant authorities in the wake of a section of the media reporting the PCoI recommending punitive measures against former President Maithripala Sirisena, Defence Secretary Hemasiri Fernando, IGP Pujitha Jayasundera, Chief of State Intelligence Senior DIG Nilantha Jayawardena, Chief of National Intelligence retired DIG Sisira Mendis and All Ceylon Makkal Congress (ACMC) leader and Samagi Jana Balavegaya MP Rishad Bathiudeen et al over the Easter Sunday carnage.
Sources pointed out that due to the inordinate delay in sharing the PCoI report with the AG, the department hadn’t been able to take preliminary measures required to initiate the proceedings. Sources said that a team of officers would take at least six weeks or more to examine the report before tangible measures could be taken.
With the AG scheduled to retire on May 24, 2021, even if the AG Department received the P CoI it would be quite a tough task to initiate proceedings ahead of retirement, sources said. However, in terms of the 20th Amendment to the Constitution enacted in last October, both the AG and the IGP could receive extensions beyond 60 at the President’s discretion.
Dappula de Livera received an Acting appointment as the AG a week after the Easter Sunday carnage whereas his predecessor Jayantha Jayasuriya, PC, was elevated to Chief Justice.
Responding to another query, sources said that the Attorney General two weeks ago requested Secretary to the President for a copy of the P CoI. However, the AG was yet to receive one, sources said. In spite of the AG not receiving a P CoI copy, the AG had instructed the IGP to obtain a copy of the report when he requested the police to complete investigations into the Easter Sunday carnage. The AG issued specific instructions after having examined police files pertaining to the investigations.
The IGP, too, hadn’t received a copy so far though some sections of the report were in the public domain.
Agriculture Minister Mahindananda Aluthgamage displayed at a live political programme on Derana a copy of the P CoI report he received at the cabinet meeting earlier in the day.
Sources said that the Attorney General’s Department couldn’t decide on a course of action in respect of the Easter carnage on the basis of a section of the report. In terms of the Commission of Inquiry Act (Section 24), the AG enjoyed significant powers/authority in respect of investigations; sources said adding that the Department urgently required both the P CoI report and police investigations report. The Attorney General’s Department has raised the delay in receiving a P CoI report amidst the Catholic Church attacking the government over the same issue.
Sources said that ministerial committee appointed to study the P CoI report couldn’t decide on how to proceed with the recommendations and the matter was entirely in the hands of the AG. Sources pointed out that the delay on the part of the government to release the report had received the attention of sections of the international media, including the New York Times. Public Security Minister retired Rear Admiral Sarath Weerasekera having met Malcolm Cardinal Ranjith at the Bishop’s House on Dec 8, 2020 said that the AG would get a copy of the P CoI report once the President received it. Minister Weerasekera said that the CID had handed over the relevant files after having completed investigations into eight blasts. Referring to the Parliamentary Select Committee (PSC) report on the Easter Sunday carnage, the former Navy Chief of Staff said that all such documents would have to be brought to one place and considered before initiating legal proceedings. Acknowledging that there could be delays, lawmaker Weerasekera said that on the instructions of the Attorney General a 12-member team of lawyers was working on the case. The minister vowed to expose the mastermind behind the Easter Sunday attacks. Investigations continued while some of those wanted were overseas, the minister said.
The minister acknowledged that the Attorney General couldn’t proceed without the P CoI report. Minister Weerasekera reiterated that once the President received the P CoI report, it would be sent to the Attorney General. The minister said that there were documents two to three feet high that needed scrutiny. The minister assured comprehensive investigation. The minister said that investigations pertaining to eight blasts had been completed and the reports handed over to the AG. However, the Attorney General had found shortcomings in those investigations.
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By Saman Indrajith
The Presidential Commission of Inquiry on the Easter Sunday bombings had failed to identify the mastermind of , the JVP said yesterday.
Addressing the media at the party headquarters in Pelawatte, JVP Propaganda Secretary MP Vijitha Herath said that the PCoI report had levelled accusations against former President Maithripala Sirisena, former IGP and head of intelligence for their dereliction of duty, shirking of responsibilities and not taking action to prevent the attacks and negligence. There were reference to the causes of the terror attacks and actions to be taken to avoid such attacks and the influence of extremist organisations. “However, there is no mention of the mastermind of the attacks, the handlers of the attackers and those whose interests the carnage served. It is also not mentioned whether there has been any foreign or local organisation behind those attacks. As per the PCoI report the attack took place as a result of culmination of extremism.
“According to the PCoI the extremist activities were a result of the prevailing political situation then. The entire nation was waiting to see who was responsible and who masterminded those attacks. The PCoI has failed to identify the true culprits responsible for the terror attacks. The report says that the leader of the suicide cadres killed himself in the attacks and it was a puzzle. That means those who are actually responsible for the attacks are still at large. The report does not provide exact details of the sources of the attacks. The PCoI had sittings for one year and five months. It summoned various persons and got their statements but it has failed to shed any light on the terror attacks. Everybody knows that the top leaders of the government and heads of security and intelligence establishments failed in their duties. Ranil Wickremesinghe was the second in command and he too is bound by the responsibility but the PCoI report fails to identify him as one of the persons against whom legal action should be instituted. The PCoI has treated Wickremesinghe and former President Maithripala Sirisena differently. We are not telling that this report is a total failure but we cannot accept this as a complete report. The PCoI handed over its report to the President on Feb 1. After 23 days it was sent to Parliament. Now, a copy of the report is there in the parliamentary library for the perusal of MPs.”
Herath said that the PCoI did not have powers to take punitive action. “It only has powers to name those responsible and recommend action to be taken against those named.
