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TNA, allies call for outfit like IIIM in Syria to probe SL
Three Tamil political parties represented in Parliament backed by several other civil society groups, have urged the Geneva-based United Nations Human Rights Council (UNHRC) to set up an evidence gathering mechanism, similar to the International Independent Investigatory Mechanism (IIIM), in relation to Syria, established as a subsidiary body of the UN General Assembly, with a strict time frame of 12 months duration to investigate Sri Lanka war crimes.
The following is the text of the letter addressed to UNHRC members by the TNA, TNPF and TMTK: “We, the elected representatives of the Tamil people in Sri Lanka, leaders of Tamil national political parties, members of the Tamil victim communities and Tamil civil society organizations write this letter in the lead up to the 46th Session of the United Nations Human Rights Council (UNHRC) when the situation in Sri Lanka is to be evaluated. We note that within a week of the end of the armed ethnic conflict in Sri Lanka, a joint communiqué by the Government of Sri Lanka and the United Nations was issued at the conclusion of UN Secretary-General’s visit to Sri Lanka on 23 May 2009 with the following: “Sri Lanka reiterated its strongest commitment to the promotion and protection of human rights, in keeping with international human rights standards and Sri Lanka’s international obligations. The Secretary-General underlined the importance of an accountability process for addressing violations of international humanitarian and human rights law. The Government will take measures to address those grievances” Upon Sri Lanka failing to take meaningful steps to address the above commitments, the UN Secretary General appointed on 22 June 2010, a three-member panel to look into human rights and accountability issues during the final stages of the armed ethnic conflict in Sri Lanka. This report of the Panel of Experts (POE) was handed over to the Secretary General in March 2011. Subsequently, the Secretary General referred the POE to the President of the UNHRC and the High Commissioner for Human Rights in September 2011. Thereafter, the UNHRC adopted Resolution 19/2 “Promoting Reconciliation and Accountability in Sri Lanka” in March 2012 and since then has been seized of the matter with several resolutions in March 2013 and March 2014. Subsequently, the Government of Sri Lanka co-sponsored Resolutions 30/1 (October 2015), 34/1 (March 2017) and 40/1 (March 2019). Leaders across the political spectrum in Sri Lanka including from both the major political parties have categorically and without exception stated that they will protect the Sri Lankan armed forces from prosecutions. It is now time for Member States to acknowledge that there is no scope for a domestic process that can genuinely deal with accountability in Sri Lanka.
“The continuing and intensifying oppression against the Tamils including militarisation, indefinite detention of political prisoners, land grab in the name of archaeological explorations, the denial of traditional, collective land rights like cattle grazing rights, intensifying surveillance of political and civil society activists, the denial of burial rights during COVID19 to our Muslim brethren and the denial of the right to memory underscore the urgency of addressing the deteriorating situation. As the UNHRC meets in February and March 2021 to evaluate the Sri Lankan Government’s commitments under Resolution 40/1 and plan further action, we urge that member states categorically come to this conclusion by way of a final Resolution. The Resolution must declare that Sri Lanka has failed in its obligations to investigate allegations of violations committed during the armed ethnic conflict and atrocity crimes including genocide, crimes against humanity and war crimes.
“In such a context the Resolution must acknowledge that there is no prospect for accountability in Sri Lanka by way of its own domestic mechanisms or through hybrid mechanisms.
We request the following: 1. Member States urge in the new resolution that other organs of the United Nations including the UN Security Council and the UN General Assembly take up the matter and take suitable action by reference to the International Criminal Court and any other appropriate and effective international accountability mechanisms to inquire into the crime of genocide, war crimes and crimes against humanity.
2. The President of the UNHRC refers matters on accountability in Sri Lanka back to the UN Secretary General for action as stated above.
3. Member States to mandate the Office of the High Commissioner for Human Rights (OHCHR) to continue to monitor Sri Lanka for ongoing violations and have an OHCHR field presence in country.
4. Without detracting from that which has been stated in point 1 above, take steps to establish an evidence gathering mechanism similar to the International Independent Investigatory Mechanism (IIIM) in relation to Syria established as a subsidiary body of the UN General Assembly with a strict time frame of twelve months duration.
We reiterate the need for concrete action with accountability and for the above the matter to be escalated to higher forums. Thus, we urge Member States to take decisive and timely action to grant redress to the people who have been denied justice thus far.”
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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.
