6 July, 2020

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A Hybrid Court Or A Domestic Mechanism?

By V. Anandasangaree –

V. Anandasangaree

V. Anandasangaree

It is very unfortunate that a matter of great importance to every one of us in this country and to many others from the diaspora, is being taken lightly. I am referring to the much awaited UNHRC’s recommendations to probe the alleged war crimes in Sri Lanka. Without realizing the seriousness of the issue, all sorts of suggestions come from all types of people, some of whom seem to be claiming that they are the authorities in this subject and some others expect that only a particular group should deal with this problem. Since many are pulling in deferent directions it is difficult to come to a common understanding.  The UNHRC has recommended the setting up of a Hybrid special court to probe the alleged war crimes and has also advised the integration of international judges, prosecutors, Lawyers and investigators, while the U.S proposes the establishment of a domestic mechanism to inquire into the war crimes.

As far as the Tamil United Liberation Front is concerned, in the first instance the TULF will opt to choose the Hybrid special court to probe the alleged war crimes. But after seriously considering the type of cases that are to be probed into, the TULF feels that in the interest of the victims certain types of crimes cannot be conveniently taken up by the Hybrid special courts and vice versa. Hence except some uncomplicated cases, all the others will have to be decided on the merits of each case, as to whether it is the Hybrid special court or the domestic mechanism that should probe into a particular incident, to determine which a special unit could be set up. Although I have very justifiable reasons for giving this suggestion, the TULF does not want to decide arbitrarily and instead wants the interested parties to take a joint decision. The practice of one taking a decision and the others following should be done away with and collective decision should be insisted on. It is a great shame for the Tamil Leadership not to get united even for matters that greatly concern their community.We have to learn from other ethnic groups. Let no one pretend to be cleverer than all the others.

The most serious Human rights violations and crimes can be classified under three or four categories namely Rape with torture, Rape torture and murder, torture and murder, Missing persons accompanied with torture or murder etc. This can be further classified into offences committed by the forces and Paramilitary groups.

Everyone knows that it is difficult or impossible to get a victim of rape and torture to give evidence in open court. Since most cases of rape will include torture as well, the TULF suggests setting up of panels comprised of female Judges or senior female Lawyers to hold inquiries in camera to the exclusion of others and make suitable recommendations including  compensation.

Cases of torture resulting in death should go to the Hybrid special court and only torture could be taken up for probing at the domestic courts. A committee could be setup to decide on the merits of each case as to which one should be investigated by the local court or the Hybrid special court.

Cases for which capital punishment can be imposed should be referred to the Hybrid court and in the event of the Hybrid court is not setup, to appease the affected party, a team of observers with legal knowledge could be made present at all such trials. Furthermore in the event of absence of provisions in our laws to deal with a crime suitable provisions could be introduced in our legal system. In every case sufficent compensations should be offered to the victim or to the heirs,if the victim is no more or cannot be traced. Any disability caused to the victim or if any serious ailment is trace or complained of all assistance should be given including any equipment recommended.

*Veerasingham Anandasangaree – Former member of Parliament of Sri Lanka, and current Leader, Tamil United Liberation Front (TULF)

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  • 10
    3

    If you are looking for prosecutions whether local/foreign make sure to include the entire period of the conflict. Not just beginning 2001.

    Its unavoidable because lets say a woman challenges the court to bring her rapist from the Indian Army for prosecution the court will have to adhere.

    • 9
      1

      Vibhushana

      “Not just beginning 2001.”

      Exactly. You are right for the first time. Congratulation.

      In fact the investigation should cover the period from 5th April 1971 to date.

      You could be charged for inflicting mental cruelty on CT readers.

      • 10
        0

        Just Last Month a ‘suddenly Leaked’ Version of the UNHCR report which Appeared by a Miracle to UK’s Channel 4.. stated that the Human Rights Cheif’s Original recommendation was to let Sri Lankan Have a Domestic Investigation on the Alleged War Crimes. As soon as this was ‘LEAKED’ CH4 and other so called HR Activist protested.. And Under Pressure today we saw how the UNHCR Chief suddenly changed his stance to a so called ‘Hybrid’ Investigation with Int Participants. Given the events of how certain Decisions were made by the HR Chief and the people at the UNHCR who were displeased with it released it to CH4 and other Groups, shows this investigation has some Troubling Aspects.

        UN Leaked Document On Sri Lanka War Crimes; UN Human Rights Chief Must Speak Up Now: Tamil Civil Society

        The UN High Commissioner for Human Rights must respond immediately to the yesterday’s exposure by Channel 4 News regarding a UN initiated plan to establish a domestic mechanism for accountability in Sri Lanka, the Tamil Civil Society Forum (TCSF) has said today.

        https://www.colombotelegraph.com/index.php/un-leaked-document-on-sri-lanka-war-crimes-un-human-rights-chief-must-speak-up-now-tamil-civil-society/

        • 2
          0

          Vetoing, Influencing, Pressurizing and Soft-pedaling are the norms of the UNO. Those are what Super Powers do. The other norm “canvassing” is for dependent nations. We have to wait for the Indian Doosra, which is yet become a standard norm in the UNO.

    • 4
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      @Vibushana, finally the racist has said one thing which makes complete sense.

  • 4
    1

    Mr Anandasangaree, I am not an expert in this field, but I wish to make three observations.

    1 You write….Since most cases of rape will include torture as well…I would venture to say, not most, but every rape is torture to the victim.

    2 Female judges and female lawyers? I think it is rather archaic to think, that way in these times, and in these terms. Acts of rape and torture are abhorrent to both men and women, and I would say that extends to the judiciary too.

    3 There should be NO Capital punishment ie death sentence.The most extreme of punishments should be LIFE without parole or pardon. (It would be the ultimate abomination to have some one convicted, then pardoned, then given a diplomatic posting, or even appointed as a JP.)

  • 16
    4

    V. Anandasangaree,

    Why don’t you gracefully retire from politics instead of making a fool of yourself, if you not made it already.

    I feel sad that a Tamil elder like you, who has been already rejected by the Tamil people, go on making a fool of yourself.

    • 9
      2

      Thiru – He is another Prof. Dayan Jayatilleke, who opposes anything and everything. Its not too late for Mr. Ananada sangaree to join TNA and serve the people, after all he was a disciple of ‘Thanthai’ SJV. By uttering non sense, he will be spoiling the chances of his son winning the election in the Canadian election,contesting under Liberal ticket.

    • 6
      0

      Thiru

      Here is a news item you would have chose to ignore, let us have your observation:

      Lanka Panel Chief Scales Down War Toll

      New Indian Express

      By P K Balachandran

      21 September 2015

      COLOMBO: The death toll in the final phase of Eelam War IV was not 40,000, as was claimed in the 2011 report of the Panel of Experts appointed by the United Nations Secretary-General Ban Ki-moon, but probably above 7,000, Justice Maxwell Paranagama, chairman of the Sri Lankan Commission on Missing Persons and War Crimes, said on Sunday.

      Speaking to Express, Paranagama said that while investigations by his panel could not come to any precise figure of deaths, it was “certainly not 40,000” as was stated in the United Nations report.

      Justice Maxwell Paranagama
      Even that report was not definitive, it just mentioned that 40,000 may have been killed, he noted.
      “The Department of Statistics, which had done a house-to-house survey in the conflict zone, and the reports sent out by the various foreign Embassies suggest a death toll of 7,700 or thereabouts,” Justice Paranagama said.

      However, our Commission could not arrive at any precise figure, but we think 40,000 was certainly an overestimation,” Paranagama added.

      UNHRC Kept In Dark

      Meanwhile, some former diplomats, ministers and human rights activists have written to Lankan President Maithripala Sirisena asking him to find out why the final Paranagama report, submitted to him on August 15, was not tabled at the on-going session of the United Nations Human Rights Council (UNHRC).

      The Paranagama panel had been advised on international humanitarian law by an international team comprising Sir Desmond de Silva, professor David Crane, Sir Geoffrey Nice, and Major General John Holms.

      In July 2015, the Maithripala Sirisena government had even appointed a Special Investigating Team to expedite investigations into some cases reported to the said panel.

      The petitioners pointed out that the most recent investigative report of the Office of the United Nations High Commissioner for Human Rights had said the Paranagama report was not given to them. If the report had been submitted, it would have had an impact on the thinking of the United Nations Human Rights Council.

      Since the Lankan Foreign Minister Mangala Samaraweera has promised to release the Paranagama report, the petitioners asked Sirisena to have it placed before the United Nations Human Rights Council, without delay.

      • 7
        1

        Native Veddha,

        Is Paranagama a god?? Is he saying the truth and nothing else ?? Isn’t he appointed by the same people who planned and carried out the war crimes ??? Then how do you believe his 7000 or 7700 number ?

        Have you heard about the outcome of LLRC ?? Did you believe that too ???

        Mannaar Bishop Rayappu Joseph first brought out the actual number of Tamil civilians went missing from the start of the war in 2008 till the end of the war in May 2009. This number was estimated by the Government Agents of Mannar, Kilinochi and Mullaitivu. It was 146,000. And this is a good estimation too. Because when the war started in early 2008, the number of Tamils living under LTTE controlled areas was close to 400,000. When the war ended, the Srilankan army managed to round up closed 270,000 Tamils (remember, MR kept saying there were only 70,000 Tamils living inside LTTE territory at the start of the war and only 15,000 trapped inside No fire Zone at the last stages).So, what do you think happened to the remaining 130,000 odd civilians ? Did they escape to Tamilnadu under the watchful eyes of Srilankan and Indian Navies? There is only one answer to this, it is , they all were massacred by Srilankan army.

    • 3
      0

      The poor guy wants to be involved in some thing to feel important. Its sad his son is contesting in the Canadian federal election and even he does not want him around.
      Go figure.

  • 7
    4

    Aiya

    Please tell us how many members you have in your party. When did your party had a convention or met last and have you got a manifesto. Reveal the names of committee members and the election you had last. If there were other Tamil parties joined to form TULF how many of them are still with you? By the way who was giving you money for your international trips you had last few years. Was it Mahinda or Indian Embassy.? Did TULF committee aware of the source of funds?

    Don’t get angry Aiya. As an ordinary Tamil From Kilinochchi I am curious to know all these details.

  • 6
    1

    I think Mr Anandasangarees suggestion is very good. The investigation should be for the whole period of conflict and it should include the rape of teenage and underaged girls said to have been done by Prabakaran before initiating them into the LTTE. All mothers and fathers who suffered during this period as a result of the abuse they underwent either by the Indian army, sri lankan army and ltte. Restricting the report and the punishment only for the period 2001 to 2011 should be completely out of the qwuestion. What ever is done has to be done in a fair manner so that no person feels that they have been discriminated against either the tamils, the sinhalese, the muslims who ever.

    I personally feel that the culture of rape in the north should be done away with and taking the matter of human rights where there is caste discrimination should be dealt with in this investigation. Discrimination and ill treatment of women (which is the main reason for the rapes in Jaffna) is a violation of human rights. All these cases should be taken up for enquiry this time. I hope all the women lawyers and other womens organisations will come to the fore here and collect all the evidence to punish the culprits.

    • 3
      2

      Not only Prabakaran but also Kp, Karuna, Daya Masteranr and Pillaiyan too should be investigated for rape offences.

  • 0
    3

    A classic piece of ‘rambling’, usually done after a couple of shots. What’s that gap in the lips for?

  • 6
    5

    A very wishy washy statement! It is neither here nor there.

    Dr.RN

  • 3
    3

    Sir, you are amazing. We have a lot of respect for you. You were a target for LTTE fascists too. Why is the enquiry limited to 2009? Why not include the period of the Indian occupation? Wholesale rape of Tamil girls was carried out by predominantly Sikh Indian troops? Do you see how Colonel Hariharan is silent on that period? Do you see why India does not want to see that period investigated? Please have a Hybrid inquiry to all time period. May the blessings of the Lords be with you.

  • 2
    4

    Dear Aiya,
    I fully support some of the previous comments. It is best for an elder statement of your stature to retire from politics to safeguard your proud achievements. Please do so and I am sure the entire Tamil community will unanimously wish you all the best in your retirement. Good Luck.

  • 4
    2

    This man still dreaming that he is also a leader of tamils in sri-lanka.He is writing this article to show that he still active so that he will be invited for parties by emmbassis and hihgcommisons so that he can have his favorite free brandy or vodka.

  • 5
    1

    How about a special court to probe the hybrid TNA: proffering pluralism to the South, but demanding mono-ethnicity to the North?

  • 2
    0

    Just curious. Whether it is “Hybrid” or “Localbrid”; what is the “Justice System” and the “legalities” that would be adopted and adhered to in the conduct of these cases and inquiries? Now, according to media the Government has objected to a resolution by the US and made a strong case, that if any inquiries and investigations are to be carried on, it must only be done by a “Local Body” set for the purpose. I think, all these “objections” and “recommendations” from the International Organizations are arising out of nothing but the “Questionable Credibility” of our Judiciary and its functioning. Just imagine, when a retired Chief Justice openly “Apologizes” for giving wrong decisions during his tenure of office; when a sitting Chief Justice is taken to task for giving a judgement against certain provisions in a legislation and thrown out of office and another highly questionable person is appointed to that “vacancy”; another deserving judge is not given his due promotion because of a judgement given against a government decision and he suffers mental agony and passes away without making a mark on the bench; a judge is “murdered” by a “Drug Baron” for giving a judgement against him; no justice is executed against a Prime Minister who gave written instructions to clear questionable and detained cargo and waive off even custom duty and so on and on ….; what type of “CREDIBILITY” or “TRUSTWORTHINESS” do we expect of any “Local Investigative Machinery” that we talk of and ask for? This situation was brought about during the period 2009 to 2014 and all who held reins must be taken to task FIRST and proceed from there and show our CAPACITY and CAPABILITY to handle matters of justice and fair play. We have not done that yet and even the process that started has been subjected to DOUBT and QUESTIONING in the minds of the public.

  • 2
    0

    Fellow Sri Lankans

    The more I read, the more I am convinced that we probably have the highest rape per square kilometre in the world. North, south, east and west, there seems to be a whole lot of (illegal) fucking going on. Politicians, soldiers, terrorists, thugs, you name it, they are at it.

    It is so depressing to think that this is what our 2500-year civilisation has come to.

    The miscreants are giving us a bad name, and we Sri Lankan men run the risk of been seen internationally as repressed, indiscriminate fuckers who cannot keep it zipped up.

  • 2
    0

    Indian troops raped Tamil girls to crate another generation for Velu to follow suit and induct into the LTTE.

    Rape culture should be taken as normal. Take for instance India, A rape takes place almost every 23 seconds somewhere?
    Further high caste person committing is not rape.

    Lets put aside all these follies & propaganda and look to elleviate poverty and improve living standards in Sri Lanka for the benefit of the future generations.

    We are slfish in dwelling and harping on the past. those diaspora enjoy greener pastures. What about those in Sri Lanka? Do they not deserve?
    The catholic church too is not concerned and they want to keep the people opressed & get them to church to pray and for the clergy to behave like clowns attired in coloured clothes and costumes & getting us to worshipp them as if they were the part owners of heaven.

    Catholic Church with their hidden agenda was a part of the problem. As they seek to revive the Roman Empire by expanding.
    Thereby We Suckers are made to fight against other.

  • 3
    1

    Listen to your son Gary Anandasangaree gives a good account of the discussions going on in Geneva. Please view the tube.

    [Edited out]

  • 0
    1

    Are u Serious! I thought you are a wise man. Can you name a nation become peaceful after intervention of UN? UN is a West’s baby sitter. The same US who beside with GovSL now and agrees for domestic probe, also who never stop weapon supply during particular periods. Will UN probe weapon suppliers too?, I don’t think so.

    Also I like to remind you that people chose RW in 2005 over MR because LTTE was at peak. RW’s negotiating tactics(Karuna separation) torn LTTE down. Then MR & Gota squeezed out LTTE with the help of US and India’s Intel from satellite. Remember no body asked for war crimes in year 2009. It became topic later when colombo leaned towards China and when Macculum started work for MI6. You have to connect dots.

    This war crimes drama is a play card for Ranil to wipe away China from Srilanka. Because Srilanka borrowed billions of loan from China,so it is not possible to bury China’s interest in one day. RW’s negotiating techniques gradually demise out China’s interference. First they said that colombo port project is harmful for Environment then they say that we will tackle those impacts. I am not sure what is Environment here!. This is RW’s international politics.

    Hopes of people who voted for good governance already began to fell apart by acquiring jumbo cabinet. There will be some drama inquiry then everything is same for voters.

    Let say, Tamil people are distributed in bell curve in between Sumendiran (extreme left) and Wigneswaran (extream right), we can observe this curve will start to lean left in future.

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