27 September, 2020

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Sri Lanka Continues To Deprive Itself Of The Benefits Of Transitional Justice

By Pablo de Greiff

Pablo de Greiff

Transitional justice processes are nothing like ‘witch hunts,’ they do not involve massive purges, and do not trade on charges of collective responsibility or guilt by association. In this respect, I note with concern the use of rhetoric such as ‘war heroes will never be brought to trial.’ This seems to me to misrepresent the target of transitional justice accountability measures by suggesting that it is a generally anti-security agenda, and also by forgetting that no one who has committed violations of human rights law or of the laws of war deserves to be called a hero. Sifting precisely between the legitimate and lawful use of force and the contrary, under conditions in which all relevant due process guarantees are meticulously adhered to, and in which not only the rights of victims but also the rights of suspects and the accused are protected, is one of the points of transitional justice accountability.

I will add that the promise mentioned above regarding ‘war heroes’ is a legally unenforceable political statement, and therefore cannot offer any real security. In order to make it effective it would ultimately require a violation of the principle of the separation of powers, the independence of the judiciary, amongst others. Moreover, needless to say, it offers absolutely no warranty internationally. As the recent case presented in Brazil against a former member of the Armed Forces demonstrates, accountability will be sought either here or abroad. In my opinion, this is an additional reason for the country, with the full support of the Armed Forces –who stand a lot to gain from this process– to establish a robust and credible comprehensive transitional justice policy.

Observations by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Mr. Pablo de Greiff, on the conclusion of his recent visit to Sri Lanka:

To read the full statement by Pablo de Greiff, UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, at the conclusion of his official visit click here

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Latest comments

  • 6
    7

    Pablo de Greiff
    You idiot
    Transitional justice is Sinhalese getting their North and East back, punishing LTTE kallathoni invaders. sending Tamils (bad ones) back to Tamil Nadu.

  • 7
    5

    “Sri Lanka Continues To Deprive Itself Of The Benefits Of Transitional Justice”

    Pablo, they don’t even know its meaning!

  • 8
    3

    Is this ‘justice’ only for small and comparatively ‘weak’ countries? Give me a break sir!

  • 6
    6

    Bad news for our War Heroes who liberated the country from Tamil terrorists……..I don’t think Pablo knew Mr Pirahaparan ………
    And the the Grief our poor Dalits Sinhala Wahabi and even poor Tamil had to go through, because of Killings, Massacres, Depriving Food supplies , Bombings, and even abducting the Children to fight for Mr Pirahaparan, while the Vellalas took refuge in the First World, including Mr Grief’s Motherland………..

    • 2
      3

      Do you know who are the real war heros?
      It is only Pirabhaharan who fought against Indian army and won the war who occupied this island from 1987 to 1991. Your Sinhalese military was hiding in the toilets at that time. You never fought against the European invaders but cowardlysurrendered for nearly five centuries. You didn’t get this independence because of your brave soldiers it is because of Gandhi. Pirabharan was not greedy like you Sinhalese. He lost the war only to multi-nation (China, Pakistan, India, USA, Israrel etc. ) military using chemical and cluster bombs. You couldn’t even capture him but cowardly murdered a innocent 10 year old child? Indian army comes again then see how heros are Gotapaya, & Gunaratne?

      • 0
        0

        Ajith, Sinhalese did fight against the all the European imperialists, you should read the history. Did Tamils fight against the European imperialists or did they lick the boots of the white man? Do the Tamils want to be the bootlickers of the west again? That is what the west want. And they call it transitional justice.

  • 9
    3

    Bring in the foreign Judges and International Monitors. Current leaders will not punish the murderers and fraudsters while enjoying the loot of the previous regime.

    • 2
      1

      Gopalaswamy Vaiko
      Why not call for foreign Judges and International Monitors to provide transitional justice for Kashmiris as well???

      • 0
        0

        Eagle
        If and when Pakistan first abides to the UN resolution and calls it’s occupation forces back from the part it occupies in Kashmir then I suppose there wouldn’t be a problem for India to let International Monitors to make a decision for all Kashmiris including the expelled Pandits.

        • 2
          0

          Uthungan
          If that be the case, should not India ‘abide to the UN resolution and call it’s occupation forces back from the part it occupies in Kashmir’ and hold the UN determined plebiscite???

  • 1
    2

    Dear Pablo de Greiff and all participants,
    In Sri Lanka this is not the first time the Politicians deprive the Country and its citizens. From the time of independence from the British, politicians started ransacking the Country which at that time was the envy of all other Asian Countries. All independently managed companies inclusive all Corporations, Departments, Police, Air force, Army, Navy were all politicized and executives and staff were replaced with politician friendly staff and pilfered by top politicians. The minorities got deprived from employment and higher education at the beginning and subsequently got eliminated from all parts of Sri Lanka. Now they are being suppressed in their own majority homeland with the excuse of the LTTE that was fighting against the Government violence against the minority. The politicians have never shown any interest for the Country as a whole. Most of their interest is in transferring assets from the minority to themselves and their kith and kin. You are mistaken if you trust them.

  • 5
    1

    PABLO, as we say in Sinhala, have you had any passion to take US-UK etc to task for massive number of civilian deaths in Iraq? and in particular Obama and Hillary for the crimes in Libya? How about going back to MyLai massacre in 1968? No Sir, essentially, your powerful white christian nations are never held accountable for war and deaths of civilians. Also US allies like its butt buddy Saudi Arabia which has killed hundreds if not thousands of civilians in Yemen will never hear Pablo Aiyar speaking against the douchebag Saudis or their US Sponsors and weapons sellers.

    • 0
      6

      You are no Thangamma but a Sinhala Menike. Why don’t you post your racist garbage under a Sinhalese identity instead of a Tamil identity? Coward

  • 3
    0

    So this fellow is the dispenser of international justice ?? He will be ordering sovereign countries around as long as there are boot lickers like RW and Sirisena.around. What disgraceful kowtowing !

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