23 March, 2019

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To Stop Impunity & Recurrence, Major Perpetrators Must Be Prosecuted On Both Sides

By Laksiri Fernando

Dr. Laksiri Fernando

Dr. Laksiri Fernando

There is no conclusive evidence to say that punishments alone can deter recurrence of human rights violations or war crimes. However, without a comprehensive system of punishments there is no other way to move towards deterrence in preventing continued violations and crimes, whether ‘ordinary’ or war related. Rehabilitation and/or reform measures alone might not work without a measure of punishments. All adults in society should be able to, educated to and compelled to take full responsibility for their actions.

The UN “Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity” in 1968 stated the following:

“The effective punishment of war crimes against humanity is an important element in the prevention of such crimes and the protection of human rights and fundamental freedoms.”

The sole purpose of disregarding the usual ‘statutory limitations’ in that Convention alone was to recognize this fact. This was the same principle reiterated in the Rome Statutes for the International Criminal Court (ICC) three decades later in 1998. Those who admire human rights, justice, non-violence, reconciliation and lasting peace should not blink on this matter.

Two Examples

There were at least two major incidents that showed the danger of impunity and, more particularly, the failure to conduct proper and frank investigations on what happened during the ‘last stages of the war.’ This was the failure of accountability that the former president Mahinda Rajapaksa, in fact, promised before the UN Secretary General in May 2009.

This is not about the Americans or the international community, this is about ‘Us.’

The first incident that proved the danger of impunity was the unprovoked army shooting in Weliweriya in July 2013. The second, within four months in November, was the killing of 27 inmates to quell a prison riot at the Welikada prison. In addition, continuous violations were reported, or alleged, in the Northern parts of the country until recently, under the indirect army rule.

The major offence of the authorities immediately after the end of the war was to place the same commanders/soldiers who were suspected of atrocities at the last stages of the war in the northern districts. This was like taking revenge and punishing the innocent civilians. Who was responsible for this offence is an open secret. We should raise this question directly to the former Secretary of Defence.

The connection between impunity and recurrence is very clear from the following observation, aftermath of the Weliweriya shooting, from Dayan Jayatilleka (Colombo Telegraph, 2 August 2013) of that moment.

“The obvious observations will be, if this is how the State authorities treat unarmed Sinhalese, largely Buddhist civilian men, women and children who are protesting against polluted water, how must that state have treated the Tamils in the closing stages of the war?”

Investigating the LTTE

The importance of investigating the last stages of the war is that the main perpetrators, on the part of the armed forces, are still living and perhaps in higher positions in the army and other armed forces. It is not only about ‘deterrence’ but also about ‘army discipline’ and the need to have a ‘professional and a respectable army.’ In the same vein, the fact that most of the leading LTTE perpetrators are dead is no reason not to prosecute the others or the second level commanders. There are some key people still living and operating, inside and outside the country. Only leniency could be for the former ‘child soldiers’ who could be both ‘victims and perpetrators.’

The recommended period given by the UNHRC resolution for the judicial investigations is from 2002 to 2009 which supply ample space for major violations of the LTTE to be investigated. These include the violations of the Ceasefire Agreement (CFA) in addition to others. In all investigations, the scales should be balanced and the ‘Lady Justice’ should be blindfolded. This is why the involvement of international (or commonwealth) judges and credible personnel would be most important. After all, this was an internal armed conflict or civil war involving the state armies as one party although the government had all legal and moral right to bring down the internationally condemned terrorist organization, the LTTE. However, that is not a reason to commit human rights violations or war crimes on the part of the soldiers or the commanders, or the decision makers above them.

There can be a possibility of prosecuting the LTTE as an organization for perpetrating war crimes. If at all possible, it should be done. For example, the Nuremberg Trials were empowered to rule on the criminality of organizations. The prosecution of ‘legal persons,’ to mean the organizations (in contrast to ‘natural persons’) were contemplated even when the Rome Statutes were drafted for the International Criminal Court (ICC) during 1996-1998. However it was later dropped for lack of consensus among those who involved in the drafting process of the Rome Statutes. This is also an indication that all existing international laws on the subject of human rights violations or war crimes are not sacrosanct. The possibility of re-emergence of LTTE terrorism cannot be underestimated in the long run or in the medium term.

The prevention of recurrence of war crimes also should include the prevention of recurrence of terrorism. What can be seen in Sri Lanka is some of the main perpetrators becoming political allies after some time, and impunity continuing unabated as a consequence. The cases of Karuna, Pillayan and KP are some examples. The repeated excuse appeared to be that the existing national legislation was insufficient to prosecute them. The excuses usually came from the Attorney Generals’ Department whether under direct duress or not. This is one reason why the ‘war crimes,’ ‘crimes against humanity’ and ‘genocide’ in addition to the ‘crime of terrorism’ should be part of our national legal system. However, in the case KP, I could clearly remember how Gotabaya Rajapaksa became pally with KP after he was brought down to Sri Lanka after much effort.

MR’s Futile Arguments

The former President, Mahinda Rajapaksa, who was the Commander-in-Chief during the last stages of the war has given three main reasons why he opposes the UNHRC resolution of which the present government has also cosponsored.

First is the participation of foreign judges and prosecutors in a ‘Sri Lankan judicial mechanism’ that has been proposed for the investigations of human rights violations and possible war crimes (Operative Paragraph 6). As it has been already pointed out (Manekshaw, Ceylon Today, 26 September 2015) this is not the first time that foreign or commonwealth judges were involved in judicial processes. One example is the investigation on Denzil Kobbakaduwa et al ‘assassination.’ Even for the Rajapaksa appointed Paranagama Commission last year there were three foreign experts closely involved.

The appointment of foreign judges and experts in a Sri Lankan mechanism would lend ‘credibility and reliability’ as any such mechanism should be independent and impartial. It has to be frankly admitted that the independence and impartiality of even the formal judiciary have eroded during the last decade or so and purely local judges, investigators and personnel therefore would not earn the necessary international respect. Most importantly, major human rights violations and war crimes are not purely matters of national jurisdiction. They are major concerns of the international community, international law and international jurisdiction. What has been achieved through the UNHRC resolution, right or wrong, is a compromised or a middle path solution.

Second objection of MR is for the proposal to remove the individuals who are in the armed forces suspected of human rights violations through administrative vetting even without or before judicial procedures (Operative Paragraph 8). The validity of this proposal is convincingly proven by the recent most judgement by the High Court of Jaffna against four army personnel who were convicted for raping and sexually harassing two women in Wiswamadhu, Mullattivu, in June 2010. This is also what MR and his brother failed to accomplish aftermath of the war before placing soldiers, commanders and battalions in the north. They should have been thoroughly screened for possible violations and at least misconduct. They all were called ‘war heroes.’ If MR and GR were still in power even the above mentioned judgement could not have come about.

Third objection is for the government’s willingness to obtain financial assistance for the process of ‘reconciliation, accountability and human rights’ as welcomed in the UNHRC resolution (Operative Paragraph 4). This objection is based completely on a ‘conspiracy theory of Westerners’ on all matters of human rights and human rights investigations. Wimal Weerawansa is the main ‘circus clown’ jumping up and down on this matter in Parliament! Ironically, it is in the same statement that MR has admitted obtaining US $ 500 million from Muammar Gaddafi in 2009 for whatever the reason. That cannot be for the ‘promotion of human rights or reconciliation’ for sure. But MR’s main objection is for the other two reasons, and particularly, for the prosecution or removal of those who are implicated in human rights violations and possible war crimes as shown in the following argument.

“The first duty of the Sri Lankan government is to see to it that the interests of our war heroes are looked after.  Operative paragraphs 6 & 8 of the resolution run directly contrary to that sacred duty.”

Defence of War Criminals?

It is very clear that when MR talks about ‘our war heroes’ he doesn’t mean the overwhelming majority of the disciplined and professional soldiers or the commanders, but a small minority of offenders most possibly motivated by ‘racist’ orientations or criminal proclivities. It is the perpetrators of violations who would be under investigation under the UNHRC proposed mechanism and not all or the majority. As a former president, MR should know this better. He is attempting to safeguard the perpetrators under the rubric of ‘war heroes.’

‘Castro’ Dharmasena, now ‘Anagarika,’ has revealed how many ‘motivational’ or rather ‘emotional’ speeches that he delivered to the soldiers during 2005 and 2009 (Divaina, 5 October 2015). This chauvinist drum beating is still carried through ‘Divaina’ and even ‘The Island’ newspaper. During 1995 and 2005 there were commendable efforts to educate the army commanders and the soldiers on human rights and international humanitarian law (HR & IHL). I was a regular invited lecturer on the subject. But these became abandoned after 2005 and instead, it appears, that the soldiers and commanders were instilled with emotional nationalist or even ‘racist’ rhetoric. Dharmasena was only one instigator.

During a civil war, on the part of the state armies or insurgent militias, the violations of human rights or war crimes cannot happen merely by accident. Pure collateral damage is completely a different matter, and most often an excuse. For example, the LTTE massacres in Anuradhapura, Aranthalawa or the attack on Dalada Maligawa cannot be considered accidents. Those are purposeful and motivated violations. The old theories of ‘liberation struggles’ or ‘liberation theology’ or the ‘sovereign rights’ on the part of the state are not valid today or acceptable. One may argue that the violations by the LTTE in the past, prior to 2002, are not going to be investigated under the present UNHRC resolution. There is no doubt that if the whole history of violence and violations could be investigated and recorded, it would be useful for posterity. However, it is not the immediate task.

Sri Lanka has seen spiralling cycles of violence and violations since 1970s. A major reason for that continuity and exacerbation has been the continuous impunity. There were two instances of passing indemnity acts in Sri Lanka to safeguard the perpetrators on the part of the armed forces in 1982 and 1988. Although they were for limited periods, those were the legal/political circumstances under which armed forces and the police used to act with impunity. Even today there are proposals to bring a new indemnity act to safeguard the perpetrators on the part of the armed forces. This is most obnoxious in the context that the new government has promised to prosecute the perpetrators, among other measures of reconciliation and reform etc. by co-sponsoring the UNHRC resolution. We still have to keep our fingers crossed however. There seems to be some vacillation on the part of some sections of the government.

UNHRC Resolution

The most important operational paragraph of the UNHRC resolution is the following in respect of what we have discussed here in this article.

“Welcomes the government’s recognition that accountability is essential to uphold the rule of law and build confidence in the people of all communities of Sri Lanka in the justice system, takes note with appreciation of the Government of Sri Lanka’s proposal to establish a Judicial Mechanism with a Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable; and affirms that a credible justice process should include independent judicial and prosecutorial institutions led by individuals known for integrity and impartiality; and further affirms in this regard the importance of participation in a Sri Lankan judicial mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators”.

Accountability is essential and the resolution says the government has recognized it. It is essential to uphold the ‘rule of law and build confidence in the justice system among all communities’ which is undeniably true. Many social surveys have shown that people and particularly the youth have lost or increasingly losing confidence in the prevailing ‘rule of law’ and/or the ‘justice system.’
The above paragraph is also a compromise to allow the Government of Sri Lanka ‘to establish a Sri Lankan Judicial Mechanism.’ It is very clear by word and intent. What would be the composition of the proposed mechanism? (1) There would be a “Special Counsel to investigate allegations of violations and abuses of human rights and violations of international humanitarian law, as applicable.” (2) In addition to the Special Counsel, it emphasises the “importance of participation in a Sri Lankan Judicial Mechanism, including the Special Counsel’s office, of Commonwealth and other foreign judges, defence lawyers, and authorized prosecutors and investigators.”

It is very clear that what is proposed is not an international mechanism or tribunal like what was instituted for former Yugoslavia or Rwanda. It is also not really a Hybrid mechanism as what was proposed initially by the UN Commissioner for Human Rights or what was instituted in East Timor, Cambodia or Sierra Leone. A proper hybrid mechanism comes about through an agreement between the country concerned and the UN. The appointments to the courts or judicial mechanisms are also done jointly. What has been proposed and agreed for Sri Lanka is a desirable solution where the primary authority is left for the Sri Lankan government to decide but the external element cannot completely be denied. Sri Lanka is urged to appoint ‘commonwealth and other foreign judges, defence lawyers, authorized prosecutors and investigators’ as mentioned before. However all appointments will be finally left with the Sri Lankan government.

Conclusion

There cannot be any hesitation on the part of those who support and admire human rights, accountability, justice, reconciliation, non-violence and long-term peace in supporting the government in genuinely implementing the UNHRC resolution that it has cosponsored. Whatever the weaknesses, imbalances or operational hurdles in the resolution, those should be sorted out within the process of its implementation. The resolution addresses many issues of ‘reconciliation, accountability and human rights’ and this article focussed mainly on the accountability concerns. Accountability in this context means investigation and prosecution of major perpetrators. Impunity and indemnity have been the main reasons for the recurrence of major human rights violations and war crimes in the past in Sri Lanka since early 1980s and this vicious cycle has to be broken, and broken decisively. There is nothing wrong in beginning the implementation of the resolution with ‘soft’ areas.

However, the crucial or hard issues of accountability and justice have to be addressed without delay. It would be better to have a ‘comprehensive plan’ for the implementation of the resolution sooner without venturing into ad hoc implementation.

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Latest comments

  • 11
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    I don’t think anyone will resist punishing rapists and murderers. The seasoned observers have already realised this has nothing to do with human rights.

    In many ways its identical to 2002-2009 passage of play by the Tamil parties. The Tamils force Sri Lankan state into a negotiations after causing heavy military losses. The IC steps in. Ranil is holding the reigns. After spending 5 years the Tamil parties reject all and opts for the military solution.

    This time around Tamils parties force Sri Lankan state again into a “Human Rights” resolution. They think the resolution may result in economic sanctions. The sanctions will be bartered for their own Tamil political nirvana.

    So the IC has stepped in and lo and behold its Ranil again. I have seen the alleged “war crime evidence” they plan to present. Its kind of juvenile. There is nothing in there that can stress the govt. There are no “systematic crimes”. The economic sanctions are very unlikely.

    Traditionally the Sri Lankans have taken 2 positions with the Tamil issue. Its unitary or Pseudo Federal. Its Pseudo Federal only if weapons are given up as in 1987. This time around the leverage is not strong enough to push from unitary to Pseudo Federal.

    So there will not be a solution. This is perfectly OK. It just means the country make other necessary reforms and revisit the issue at a future date. The country needs to do that very quickly. If not it will waste time as it did back in 2002.

    However, the Tamil parties will keep lighting fires all over the place again. So the there needs to be an overall strategy to meet that challenge.

    • 5
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      Vibhushana

      You should stick on to nucleus of the article “To Stop Impunity & Recurrence, Major Perpetrators Must Be Prosecuted On Both Sides” because whenever you stuck on to point of the article in comments you seems to be alright, whenever you go out of it you look like a drunken type out.
      What are the Tamil Parties you are referring to, are these Tamil “beer” parties you participate just before you garbage out as comment!

      • 3
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        What are the Tamil Parties you are referring to

        Its the TNA.

  • 4
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    I have been trying hard to find why our Batalanada Ranil and his new mate Gamralage Sira set this 2002 as the starting date for the Hybrid War Crime Tribunal against the Sinhala Buddhists ?.

    Finally I see see why.

    Because that seems the time, dear Mr Pirahabaran started acting naughty by breaking the CFA..

    There you go.

    How naughty it is to break something which the West put together with the Elite and the Anglicans for the Elite and the Anglicans and the Elite Buddhists to rule the rest,

    And share the country between them and their dear Mr Piraharan who was given his ISGA to rule the North and the East.with his Tamil Terrorist Group.

    Breakikg the CFA is no big deal even if Pira was around. .

    But killing Pira and his brave commanders , in fact 500 of them in one hit is a real War Crime according to the Geneva Convention.

    Now we know who Dr Lucksiri is gunning for?.

    BTW Wonder whether Batalanada Ranil has recalled General Shavendra Silva already and kept him on 24 Hr watch in case he may abscond…

    • 1
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      My lovely friend Sumanasekeram is back, time to celebrate.

  • 3
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    The problem with MaRa and his sibling GoRa is that they are unable to distinguish between War Heroes and War Criminals.
    Perhaps,both must attend an Intensive course and Tuitioned on Fundamentals.
    Though it serves no purpose in closing the stable doors after the Horse has bolted,at least to honour the Geneva Resolution this must be made compulsory!

  • 4
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    The joining of MR + Champika Ranawaka (CR) of JHU that saw the rise of nationalism and racism within society to greater heights than ever seen before (during the period 2005-2009 and beyond).

    As re recall, CR of JHU called muslims “outsiders” after some of the attacks on muslims last year…and defended BBS too.

    Now that he is with the new regime, I wonder how the UNHRC resolution will play out…..

  • 5
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    Dr. Laksiri Fernando.

    RE: To Stop Impunity & Recurrence, Major Perpetrators Must Be Prosecuted On Both Sides

    Absolutely. Unless this is done, prosecuted and punished, this is all smoke screen. The UN should be used towards this process and completion of the task.

    There should be no sacred cows.

    Para-Sinhala criminals, Para-Tamil criminals, Para-Muslim criminals, Para-Parangi(Portuguese) criminals, Para-Dutch criminals, Para-English criminals and other Para criminals should be prosecuted and punished for their crimes in the land of Native Veddah Aethho.

  • 7
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    VIBHUSHANA

    “I have seen the alleged “war crime evidence” they plan to present. Its kind of juvenile. There is nothing in there that can stress the govt. There are no “systematic crimes”. The economic sanctions are very unlikely”.

    You must have seen a different UNHRC report than the rest of the International Community.

    I would say that economic sanctions will become a surefire reality if this investigation turns out to be usual Sri Lankan whitewash.

    If MaRa was still in power, 2-3 years down the line, through the effects of sanctions, we would be a mixture of Somalia and Haiti in some form or another. It is only through the actions of the present government that we haven’t started on this trajectory yet.

    But mark my words. Whether the Court is :International, Hybrid or Domestic, if the findings lack any credibility through non co-operation of Sri Lanka, then severe sanctions will be applied on us. Thus we will be viewed as a Pariah State instead of the failed State we are perceived to be now.

    • 6
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      I would say that economic sanctions will become a surefire reality if this investigation turns out to be usual Sri Lankan whitewash.

      Why don’t you pick the most dangerous alleged war crime from the lot and prove the case to me?

      • 0
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        Hey Vibushanam, every time a rabid dog howls, normal humans don’t have to react, rabid dog being you.

    • 2
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      Nah.. any “severe sanctions” would have been tempered by the enlightened self-interest of the West. If we were a “failed/pariah state”, they John Kerry would not be coming in Perahera to our door either !

      fact is, this horse has already left the stable

  • 0
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    There is honour among thieves in a democracy.

  • 4
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    The Sri Lankan Army should have been authorised to conduct inquiries to punish those guilty of Human Rights violations after the war, to defuse this issue. In the absence of taking the necessary action under the Army Ordinance, this government has handled the UNHCR issue in a creditable manner.

    You are right, both parties should be prosecuted, including the missing LTTE leaders such as the husband of the TNA MP Sasitharan, for forcible recruitment of children to the LTTE fighting forces.

    • 0
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      Truth, the trouble here is that, ever since the end of fighting in may 19th 2009 they were gunning for MR and GR. Human rights and war crimes were secondry.
      Now that they got MR&GR out of the way War crimes and human rights have come to the fore. But the million dollar question that even Dr.Luksiri fails mention is with what evidence are the convictions,if any, are going to be made.
      The evidence the UN claims to posses and this so called investigation and its report are based upon are locked up for thirty years.
      So, it is evidently clear that they are coming here on a fishing expedition for real evidence failing which would cook some and make them look real by cliaming they were found on the ground.

  • 2
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    “Why don’t you pick the most dangerous alleged war crime from the lot and prove the case to me? “

    Vibhushana I am not an international lawyer. I am simply a singular person watching every thing that is going on. I am simply observing events that unfold as I see, and analyse and interperet them on the information that is being disclosed.

    I am not privy to the information that the UN holds on witness statements, secret satellite footage (That by all accounts the World has not seen yet,along with much more evidence held by the UN.)

    I believe there is a helluva lot of our Sri Lankan dirty linen to be displayed when the war crimes trial begins.

    You seem to be putting the cart before the horse by asking me to provide evidence of wrongdoing.

    I certainly hope for the sake of the Sri Lankan Nation that non of the allegations these barbaric and heinous crimes are not proven

    I am simply a bemused citizen who wants to know the truth about these allegations. I don’t know what went on at the end of the war!!!!!!!!

    But all I do know and the vast majority of Sri Lankans (Both Sinhalese, Tamil, Muslim, Burgher, Christian, Atheist or Agnostic) want to know – what really happened and who is responsible!

    Maybe nothing happened at all and there were zero casualties, I really don’t know ?

    Not in my name.

    This is not a witch-hunt, it is a search for the truth. For if we cannot have an independent inquiry into what happened and simply brush everything under the carpet, once again we are destined to repeat the folly’s of the past.

    Much as we like to imagine Western conspiracy against us. It is those dirty manipulating, conspiratorial, Westerners that buy the Knickers and Bras,dresses and suits, that we manufacture along with the enormous amount of remittances that our housemaids from abroad send home that keep this country afloat.

    I would look to our direct neighbors for a conspiracy against us. Who is trying to sell to the US and Europe the same things we are trying to supply.

    Surprisingly enough ! Most of Asia are claiming to be with us face too face, but I would fancy a few Asian Gvts are whispering some bad comments to the west (aka USA & Europe about Sri Lanka , hoping for sanctions so that they can step in. They want our business, simple!

    So no Vibushuana I cannot give you compelling evidence as to one war crime committed during the war, because I am not privy to all the evidence. But I would put it to you that if in a truly functioning society, that if the crown prosecution (the UN a body not known for employing idiots) present their case that there is ample evidence for a war crimes trial then that should go ahead !

    Or are you suggesting we should employ the usual Sri lankan tactic of denying everything and putting our heads in the sand hoping that the International community will forgive us.

    Wake up, When we started asking India and the US for intelligence we opened ourselves to international scrutiny.

    Just accept what is going to happen. Then when the sentence is passed it wont bight so deeply into your heart (aka sovereignty!)

    • 2
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      I am simply a bemused citizen who wants to know the truth about these allegations. I don’t know what went on at the end of the war!!!!!!!!

      Well, I know because I watched the news. You should have done that too.

  • 2
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    ^Sri Lanka by not accepting International probe has in other words an admission of guilt. The internal investigation is not going to establish any crimes committed by the armed forces and no punishment would be imposed on anyone and similar in the case of the LTTE. It was wrong on the part of the LTTE to keep all the civilians as human shields and yet the government had the duty to save the civilians, if it was interested. The government didn’t care about the civilians because for the simple reason the civilians were Tamils and everyone was treated as terrorists. The LTTE has been punished for their part but not the perpetrators of the crime. This has already been politicised by the UN, including America and India because of the regime change in Sri Lanka.

    It is not going to take the victims to anywhere further by this Internal Inquiry and the Tamils has to forget it. If there are true Tamil leaders who would sacrifice for the suffering Tamils, they should in the first instance fight for the release of the political prisoners and get all private lands in Vali North released. There are 125,000 army personnel stationed as 6:1 and almost 10 villages are still held by the army. I would say that the army is still at war with the Tamils and there cannot be any reconciliation if the position continues. The Tamils need good leadership which is hard to find.

  • 0
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    Thank you for the interesting article.

  • 2
    2

    The US carries out a surgical strike using ‘smart’ bombs on a hospital. Twelve doctors and paramedical staff and 10 patients have been returned to their maker. The man in the Oval Office has accepted it was the US that committed the crime, BUT has said no to an international hybrid investigation.

    ” “The effective punishment of war crimes against humanity is an important element in the prevention of such crimes and the protection of human rights and fundamental freedoms.”

    The above DOES NOT apply.

    It is however good to see some army soldiers who were CONVICTED of rape have been sentenced, and 2 ‘former’ LTTE terrorists who allegedly murdered an MP in cold blood during a x’mas eve service have been arrested.

  • 0
    2

    Dr. Laksiri: You captioned the article – “Stop Impunity and Recurrence. Major Perpetrators must be Prosecuted”. To whom are you addressing this? Did you see how the FCID filed action against two “Major Perpetrators” of that “Sil Redi” matter? And add insult to injury the very prosecutors go to another court and seek the lifting of the “Travel Ban” and did not care even to produce the accused or any related documents. Thanks still for some guardians of Justice,still among the living, took notice of the irregularity and addressed the issue forthwith. He even observed that the AG should have appropriately guided the FCID in the matter of filing court action. This is one among many other such matters that we see happening in the “Legal System” of the country and how the “Custodians” of that system are acting willfully disregarding even the provisions of the Constitution of the Country. So do you or we expect the International Community to place any “TRUST” and “CONFIDENCE” on proper handling of our legal matters? No wonder they are making such strictures against us and we ourselves are paving the way for them to “impose” varying conditions and tightening the grip.

    The Legal Community practicing in that court complex has “hailed” the move by the Additional Magistrate in taking the FCID to task. But what if the BASL going to do about it? The other day, I saw them voicing their opinion against the public who made a hue and cry over AG’s failures and “apparent” negligence in handling matters relating to “Major Corruption and Fraud” case that are being investigated. Now we would like to hear loud and clear what this BASL has to say in regard to this case. However, that Additional Magistrate must now, perhaps better look after his own future; because Yahapalanya is fast becoming “YAKAPALANAYA”.

  • 2
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    we wont be having this discussion if MR had not destroyed the judiciary and its independence and appointing his henchmen over the past 10 years.. Mohan Abrew Marasingha , wanasundara . Judges having Illegal Elephants at home without licence , Spouses having lucrative Law Practices and channeling the case to Spouse who is a judge to have undue advantage. The illegaly staged impeachment of Shirani B.

    The west wasn’t blind unlike China Russia Pakistan and reallised there wont be justice and that’s why they wanted a high brid Courts.

    Most of all in the past 10 years there wasn’t a single verdict except one verdict the went against the Govt and guess what happened to the judge in that case ? That was the case when MR asked Shirani B’s openion for a bill for Samurdhi Funds ans she presided by saying that it had to go for a refferendum. Guess what happened to her

    Most of all Judges all though were given backups during MR time for which we tax payers are still paying , they were shit scared of their Master.

    If you read RW’s comments the west is more worried about the legal system than the War Crimes it self.

    Unless there is clean up in the legal system i think we will be having our cases heard by foreign judges very soon . ( listen to Anura’s speech in the parliment on the 8th which in itself is self is explanatory where he says the AG himself is biased and should be sent home ) .

    Do not forget MR cronies are still in our system and MR still wield’s a lot of power sitting on the side lines. We need to clean up fast.

    All ready the Army had passed judgment on them self and have come clean .

    I now am totally convinced that our minorities wont have justice meated out unless we clean up the Justice System . Law and Order , Impunity

  • 1
    0

    Is there Pot or Weed in Australia too.

    People smoke it and start writing.

  • 1
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    Dr. Laksiri Fernando

    A fine exposition painstakingly prepared and presented logically,rationally and with great objectivity. The writer was balanced and ethnically blindfolded. The clear distinction drawn between war heroes and war criminals should drive sense into the armed forces and those in governance.

    • 0
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      If Wigneswaran the ex-Supreme Court judge, allegedly well read, cannot distinguishing between a hero and a mass murdering terrorist, what chance do others have.

  • 0
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    distinguish

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