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UK lawmakers for Tamils seek punitive measures against Sri Lanka
British barrister elected as the next Chief Prosecutor at the ICC
Elliot Colburn (Conservative Party) on behalf of the All-Party Parliamentary Group for Tamils (APPGT) has requested the UK government to take tangible measures to establish an evidence gathering mechanism, inquire into the suitability of international accountability mechanisms in respect of Sri Lanka and push for the appointment of a Special Rapporteur.
The UK heads the six-member Sri Lanka Core Group. APPGT has intervened on behalf of the pro-LTTE Tamil Diaspora in the wake of Lord Naseby, President All Party British-Sri Lanka Parliamentary Group sought to set the record straight as regards war crimes accusations. Lord Naseby made representations to the UNHRC.
The following is the text of letter dated Feb 22 written by Colburn to Dominic Raab MP:
Secretary of State for Foreign, Commonwealth and Development Affairs: “I write with reference to the draft UN Human Rights Council (UNHRC) resolution on Sri Lanka published by the United Kingdom on behalf of the Core Group on Sri Lanka.
The All-Party Parliamentary Group, for Tamils (APPGT) is concerned that the draft resolution does not sufficiently support the important recommendations by the UN High Commissioner for Human Rights that are critical for ensuring progress towards accountability in Sri Lanka.
The UK has always been at the forefront of promoting human rights and international justice around the world, including in Sri Lanka. In 2014 the UK-led international efforts that successfully passed a key resolution in the UN Human Rights Council to promote accountability, justice, and reconciliation in Sri Lanka. That resolution authorised the landmark investigation by the Office of the High Commissioner for Human Rights (OHCHR), the OHCHR Investigation on Sri Lanka (OISL), into human rights abuses in the period 21 February 2002 to 15 November 2011.
The OISL’s report documented mass atrocities and human rights abuses of unspeakable brutality and on an extraordinary scale. Yet, despite repeatedly pledging to ensure accountability, and repeated extensions by UNHRC members of their deadline for doing so, successive Sri Lankan governments have delayed and obfuscated at every turn.
Six years after the OISL report, and 11 years after the end of war in Sri Lanka, it is now time for the UK and the UNHRC member states to put the victims, the so many people who lost their lives, lost loved ones, and were put through unimaginable suffering, at the forefront of international efforts to ensure justice is delivered to them, and without any further delay.
It is therefore crucial that the resolution being tabled by the United Kingdom on behalf of the Core Group on Sri Lanka, provides for concrete steps towards international accountability, in particular ensuring the collection and preserving evidence of violations of international humanitarian law and human rights law perpetrated in Sri Lanka, evidence that can facilitate criminal prosecutions via an international judicial process.
To these ends, we urge you to ensure the Resolution when presented to the Council includes:
1. Evidence gathering for the purpose of criminal prosecutions
Establish an ongoing independent mechanism to collect, consolidate, preserve, and analyse evidence of the most serious international crimes and violations of international law committed in Sri Lanka between 21 February 2002 until 15 November 2011, and to prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes.
2. International Mechanism
Provide a mandate the Office of the High Commissioner to consider and report on the feasibility and appropriateness of international mechanisms for accountability, in recognition of the fact that Sri Lankan authorities have failed to prosecute alleged perpetrators of serious abuses, which may amount to war crimes, crimes against humanity, and genocide. The international mechanisms considered should include the International Criminal Court (ICC).
The ICC was established precisely so as to ensure that perpetrators of such heinous crimes do not enjoy impunity because the State in question is unwilling or unable to prosecute them, and the UK can be justifiably proud that a leading British barrister, Karim Khan, has been elected as the next Chief Prosecutor at the ICC.
3. Special Rapporteur
Urge the Council to appoint an individual of recognized international standing and expertise in human rights as Special Rapporteur to investigate and report on human rights situation in Sri Lanka, and on the Sri Lankan Government’s compliance with its obligations under international humanitarian law and human rights law. It is not only past violations and the lack of accountability for those that are concerning for us, but ongoing ones also. The UN High Commissioner’s latest report describes the deterioration in human rights protection in Sri Lanka as alarming and given the Sri Lankan government’s appalling track record, we believe international scrutiny of the situation in the coming months and years should be continuous and ongoing.
We believe the above are essential steps for ensuring accountability for the well-documented heinous international crimes that have taken place, and ongoing human rights abuses, in Sri Lanka. After over a decade of promised yet ultimately denied justice for the victims, we also believe these are the minimal steps that the UK should pursue, if our commitment to human rights, international rule of law, and justice is not to appear hollow, to both the victims and the perpetrators.”
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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.
