13 December, 2017

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UN Reiterates Demand For Hybrid Court, Return Of Land To Civilians And Repeal Of PTA

UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has once again demanded the Sri Lankan government to adopt a legislation which will establish a hybrid court with international judges, defence lawyers, prosecutors and investigators, to investigate allegations violations and abuses of international human rights law and violations including war crimes.

Zeid Ra’ad Al Hussein – The UN High Commissioner for Human Rights

In the Report of the Office of the United Nations High Commissioner for Human Rights on Sri Lanka, Zeid also urged the Government to give the highest priority to the restitution of all private land that has been occupied by the military and to end the military involvement in commercial and other civilian activities.

He also called on the Government to replace the Prevention of Terrorism Act with a legislation that adheres to the best international practices.

The report also demanded that the government publicly issue unequivocal instructions to all branches of the military, intelligence and police forces that torture, sexual violence and other human rights violations are prohibited and will be investigated and punished. Zeid also said that the Government must order all security forces to end immediately all forms of surveillance and harassment of and reprisals against human rights defenders, victims and social actors.

The report also urged for the enacting of a legislation to criminalize war crimes, crimes against humanity, genocide and enforced disappearances without statutes of limitation, and enact modes of criminal liability, in particular command or superior responsibility.

Read the full report here

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  • 9
    2

    Do we really have an independent justice system in Sri Lanka?

    I invite the readers to read the vociferous statements by the MPs in the parliament on 27/28th of April 2015 against the re- establishment of independent Council through 19th Amendment.

    This itself is good enough to understand the firm grip held on the Judiciary by the Executive and the Legislature filled with utterly corrupt people who vehemently oppose the establishment of an independent judiciary in this country.

    Wimal Weerawansa MP

    “ …We want the Constitutional Council to be constituted with MPs. Parliament shall not surrender its authority. Always there is insecurity with Constitutional Council. Just 5 so-called learned people there would take decisions…”

    Nimal Siripala de Silva (Leader of Opposition)

    “We propose that there shall be 5 MPs in the Constitutional Council”.

    M A Sumanthiran M P

    There is a move to bring in Committee Stage Amendments that make the composition of the Constitutional Council to be Members of Parliament. It is a disqualification to be a member of a political party. And, Members on this side of the House are now propounding a theory that Members of Parliament who are necessarily members of political parties and politicians, most active politicians, should sit in the Constitutional Council. So, the whole process, the whole objective of depoliticizing this body will be totally lost.

    I urge the Members of this House not to practise that deceit on the people of this country who are very, very clear in their minds as to what they want. Restore the Independent Commissions through the
    process of a Constitutional Council that is depoliticized, that has no political influence. Therefore, I appeal to those who have been urging these Committee Stage Amendments through which you negate the whole exercise in which we were indulged in for the last two days, to desist from this and to act honourably and with good intent and pass the Nineteenth Amendment to the Constitution, which is eagerly awaited by all the people of this country.

    • 9
      1

      Zeid Ra’ad Al Hussein – The UN High Commissioner for Human Rights,

      RE:UN Reiterates Demand For Hybrid Court, Return Of Land To Civilians And Repeal Of PTA

      Yes. Force this on Sri Lanka. They will not do that on their own. They will try to hinder under Independence, democracy and soverinity, in the Land of Native Veddah Aethho.,.

      Furthermore, get them to Repeal MMDA, which is barbaric on Sri Lankan Muslim Women and Girls imposed by the barbaric Ulama, Mullah and Imams, under under religion, following the Devil, Satan.

    • 1
      0

      The Western countries are extremely clever in disguising their ulterior motives and dirty tricks. The Western Countries’ core focus is dividing and ruling others, not democracy or human rights. It is all about exploiting others’ resources and keeping others under them. I have read a book about Bradley Manning; he wrote that he couldn’t overlook how the developed countries have been taking advantage of the developing countries’ resources. That was the reason that he passed all the information to Wikileaks. If a person from the developed country has prepared to sacrifice so much for the developing countries, then how much we Asians have to sacrifice for our region and people?

  • 16
    3

    All are awaiting prosecution of the five policemen who shot dead the two undergraduates who were riding motor cycles.
    This delay shows the state of the judicial mechanism in Sri Lanka.

    If this simple process cannot be achieved, how do citizens expect the process of prosecution of killings of thousands, many even in so-called ‘no-fire zones’ to occur and some who even carried White Flags.

    The foreign minister may bluster in the UN, but nobody believes him.
    The President is scared to order the military to stop persecuting citizens in all aspects of their daily lives, because of fears of even an army coup and/or loosing his and/or supporters’ life styles.

    The so-called “new” constitution is an effort to carry on the same life styles in enhanced form by so-called lawmakers.

    • 4
      8

      justice

      All are awaiting prosecution of the five policemen who shot dead the two undergraduates who were riding motor cycles.

      In the west, there is a new system, at least being discussed.

      when parents grow their Children as Criminals and if the children such acts, PArents are prosecuted and their assets are confiscated in order to pay the expenses and comhensation.

      Govt should follow that method and should acquire the lands and any buildings those parents posess

      • 8
        2

        jim softy.

        This is 2017.
        You seem to live in the past and talk nonsense.
        Get real, dude.

      • 7
        0

        jum softly:

        And the first land/property the govt should acquire should be yours and the first parent it should hang should be you. Do you want to know the reason(s), please ask.

    • 3
      10

      justice
      you will never see that. It will never happen because those two who were killed did not obey the police officers. The consequences will be the same whether they were Tamils or Sinhalese. This type of thing happens almost everyday in the US. Blacks getting killed because they did not obey police orders and tried to escape. None of the police officers have been prosecuted or found guilty. That is why people should obey orders by police or military officers whether they like it or not. Why didn’t they stop if they had nothing to hide?
      Terrorists wars are fought differently. No recognizable enemy. Everybody has to be considered as a potential enemy. That is the reason for so much collateral damage. Terrorists knew this very well. They did not care for the life of innocent civilians whether Tamil or Sinhalese.. They continued with their terrorist attacks. I am glad that collateral damage was small and the SL gov. ended this carnage by wiping out those brutal terrorists.
      By the way, where were your cries for justice when the Tigers were recruiting children and women to fight and be suicide killers? Where were you when the Tiger suicide murderers killed innocent civilians all over the country totaling over 100,000?? I never saw your writings against those human right violations!

      A final thought, Sri Lanka will never allow foreigners to get into our legal system. Can you give an example of a single country that allowed such actives??

      • 6
        1

        Eusense,
        The bullet entry wounds were on the front of the chest of the rider and on the head of the pillion rider.
        All details came out at the post-mortem inquiry.
        Now, a judge must decide the circumstances of the deaths.
        This is being avoided.

        • 2
          2

          I need to see this report you are claim of the bullet entry. Give me the link.

          • 1
            1

            Eusense,

            It is information known to doctors in Jaffna Hospital where the post-mortem examination was done, and to all who saw the bodies.
            The government is aware.

            • 2
              1

              Did you examine the bodies or MS informed you?

      • 4
        2

        So, you think that we must treat Tamils the way that Trump-like Americans treat blacks and other minorities, do you?

        You also seem to equate “Tamils” with “terrorists”. Already today, I’ve had to counter your claim that I am a Tamil masquerading as a Sinhalese. With chopped logic such as yours, no wonder we have no credibility on the world stage.

        It is true that “Globalisation” has taken two steps back with the election on Trump as POTUS, and the possible election of right wingers in France and Germany. But “globalisation” is inexorable, given our increasing taste for things foreign and exotic, and the amazing possibilities opened up by digital communication.

        Please step in to the, still early, 21st century, Eusense.

        • 2
          2

          sinhala man
          You seem to not comprehend English. Whether it is in the US or SL anybody who don’t obey the orders of law enforcement will bear the consequences. Your spin, saying “we must treat Tamils the way that Trump-like Americans treat blacks and other minorities” is laughable and childish! For your information most of these killings happened during Obama administration.
          Yes, I will call any Tamil who support, aid or not stand up against Tamil terrorism as Tamil terrorist.
          i don’t know who you are, but when I feel that you are supporting terrorist Tamils and try to bring justice to these brutal terrorists rather than bringing justice to over 100,000 innocent civilians, that is good enough evidence for me to suspect you. Have you ever written and argued like this seeking justice for the thousands of innocent civilians who were suicide murdered on a daily basis for over 30 years???
          I don’t care about your globalization/Trump/right wing/left wing garbage, only thing I care is as Sri Lankans we should be able to live in peace without these groups terrorizing us. I want to wipe out the menace of terrorism from this world, not to seek justice for a bunch of terrorists who killed our citizens, both Tamils and Sinhalese and took our country 30 years backwards.

    • 0
      1

      To be precise, Mr. Justice, the fear that MY3 will have to face the same fate of Indira Gandhi. The damage may be mitigated to some extent in having the STF instead of the Forces for guard, but remember a good amount of local fight during the war, particularly in the east was carried out by the STF. So the STF personnel to some extent have the same feelings as that of the forces.

    • 4
      2

      We have almost forgotten those two wanton killings of the two undergrads on a motor-bike.

      Was that because the Tamil community was so restrained in its response? We must always ensure justice BEFORE pressure is put on us to act.

  • 13
    1

    Srilanka or Ceylon as it was known then,prior to 1972,had a Judiciary which was independent..Dr.Colvin R.De Silvas Republican Constitution diluted the Judiciary. JRJ went one step further and reduced the Judges into submission by getting thugs to stone the residences of Judges.When it was brought to his notice,he wryly commented that the people were exercising their Fundamental Rights!
    No mothers son has any confidence in our Judiciary for the simple reason that they have been conditioned over a long period of time to deliver Judgments to suit their political masters!
    This is now known in the International domain. The UN High Commissioner by advocating Hybrid Courts is only highlighting the fact that our Judiciary cannot be entrusted with a serious issue of this nature–War Crimes! President MS HAS BEEN REPEATEDLY saying that no foreign Judges will be permitted.
    Well then a Diplomatic Tug-o-War is on the cards ,which will eventually push the country into further instability! MaRa the Fox still appears to have some political clout.
    For President MS it will be the familiar To Be or Not To Be…..

    • 2
      10

      plato,
      No country has allowed and will allow foreign judges to preside in their legal system. SL will never too.

      UN HC should ask the US to investigate their discriminatory activities of minorities with foreign judges. When they comply SL should also.

      • 4
        2

        A pathetic Sri Lankan typically talking big!

        With Trump as POTUS you are in good company!

        • 2
          1

          You are a foolish Sinhala man who lacks self esteem. You are a disgrace to the Sinhalese if you are a Sinhalese. Every post of yours tells me that you are a fake Sinhalese.

    • 6
      4

      Plato.

      Lankans sworn in as magistrates and judges in Fiji
      2013-05-07

      Three magistrates and three judges-all of them Sri Lankans-were sworn in at Government House in Suva, Fiji, the Fiji Times reported.

      The judges are Justice Madduma Patabendige Sanjeeva Sudharshana De Silva, Justice Kamal Kumar and Justice Janaka Prasanna Bandara.

      The new magistrates are Puimini Weeratunga, Rajakaruna Girihagama and Nadimale Rupasinghe.

      dailymirror.lk

      Anthony Gates – a Brit – Ausie served as Chief Justice of Fiji.

      International judges in domestic tribunals in Cambodia, East Timor and Sierra Leone.

  • 3
    13

    There are so many other critical problems in the world,
    Sri Lanka is a becoming a business place for rights activists and rights advocates.
    Once and for all we must stand up and say them to f off.

    The separatists are trying to internationalise the problem and we must use our intelligence services like Israel to neutralize these threats

    Everybody is trying to manipulate the weak leadership we have in the country!

    What has our people done? We had a stable government with a stron economy two years ago. Now everyone I meet in Sri Lanka laments!

    • 6
      3

      srinathan gunaratnam

      “There are so many other critical problems in the world,”

      Well lets go there and help them solve other critical problems. Trust me I will be right behind you.

      “Sri Lanka is a becoming a business place for rights activists and rights advocates.”

      Well if you refused to treat your family well strangers reserve the right to grope your family.

      “Once and for all we must stand up and say them to f off.

      You need a backbone and you need to learn to treat your family well. One cannot rely on Hindia, USA, China, Pakistan …. for your replacement backbone.

      “Everybody is trying to manipulate the weak leadership we have in the country!”

      This island never had leadership anyway, the one’s you thought you have had were mostly racists, thieves, stupids, murderers, war criminals, cheats, hypocrites, …… pody Pol Pots, ….

      “What has our people done?”

      Have they ever been blessed with wisdom to elect and support the right person?

      “Now everyone I meet in Sri Lanka laments!”

      So did everyone that I met two years ago.

      Please ignore this comment.

      • 4
        10

        Nonsensical and stupid response!
        Waste of cyber space

    • 2
      1

      Sri guna

      “our intelligence services”

      Everyone , even you, know that our intelligence services are the perpetrators of hyenas criminal crimes of killing journalists, rugby captain, dissidents, abducted civilians, surrendered civilians among many others. Do they have any credibility at all?

      What happened to 108 military personnel who were sent back from UN peace keeping in Haiti for sexually abusing under age girls. They were sent to North/East to continue their misdemeanour unchecked.

      Former CJ Gareth De Silva openly confessed that he let Mahinda Rajapakse free in 2005 though he was guilty of misusing tsunami funds. How can anyone trust such judges amidst us? Another Mahinda’s friend and ex-CJ Mohan Pieries told the current president that he would deliver verdicts according to the latter’s requests. How can anyone trust these judges to be impartial and neutral?

  • 7
    3

    Dear “srinath gunaratne”,

    I have digested one thing tht you have said: that the current Constitution has many of the Rights that the Tamils want. I have downloaded all 163 pages – well, one is given no choice about how much of it one has to download – it is in PDF format.

    However, as you said, the problem is that those 163 pages are not implemented.

    And our government has not honoured all the promises we made.

    We got rid of “that Tamil Woman” (Navi Pillai – was it Wimal Weerawansa who proposed marriage to her?). Do you remember how happy we were that an Arab was appointed in her place? Now we find that he’s as intractable, and you yearn for an Israeli!

    I’ve scrolled down all 18 pages of his report, but I have not saved it.

    We MUST investigate War Crimes. I’m sure that there were many, but that most of them were inevitable in the circumstances. But we have at least to acknowledge them.

    Do you now acknowledge non-implementation in this area?

    • 3
      6

      sinhala man
      What do you mean by 163 pages are not implemented? Do you see any rights that are exclusively confined only to the Sinhalese or do you see any directives that bar rights of Tamils? What are specific promises that the gov. has not honored?
      Are you calling what the West call “collateral damage” as “war crimes” when it comes to Sri Lanka?
      I don’t know whether you are a Sinhala man or a Tamil man in disguise, but aren’t you happy that even with collateral damage we have ended the terror carnage that was going on for 30 years. Imagine if this blood shed was not stopped by even with this much of collateral damage how many more would be still dying?

      • 4
        2

        Yes, I’m very glad that the war finally ended, although there is a considerable body of evidence that there was unnecessary carnage at the very end.

        And before that, for 30 years, as you say, there were terrible atrocities by the Tigers: internecine killings of fellow Tamils apart from all those parcel bombs etc. We were so very frightened of a parcel on a bus seat.

        srinath.guneratne was saying that there are plenty of safeguards for minority in the 163 page Constitution of Sri Lanka. They have “only to be implemented” is what he said. Therefore, he said, we don’t really need a new Constitution. Federalism DOES bring more complications, and a good more bureaucracy.

        The government should by now have concluded investigations of at least the murders of Thajudeen, Lasantha Wickrematunga, and Ekneligoda.

        • 2
          1

          sinhala man
          What do you mean by “….there was unnecessary carnage at the very end.” Are you trying to say that towards the end, the Defense forces of SL has to end fighting and get back to the barracks because the terrorist were using civilians as human shields?? Grow up sinhala man, only a Tamil terrorist will suggest some thing like that. Any civilians who were killed at this stage is due to terrorists using them as human shields is what is collateral damage and I consider these civilians who gave their lives for everlasting peace in my country as real heroes.
          I don’t agree with any kind of new constitution. There are no laws discriminating Tamils or any other group over the Sinhalese. These lazy Tamils who have no drive to work hard, educate themselves and make life better are the ones who complain of all these garbage. If you are a real Sinhalese living in the south you should know how well the Tamils are doing as professionals and businessmen. How do you think that happened ?
          If you are a real Sinhalese look around and try to understand what is going on with these separatist Tamils making fake accusations rather than foolishly trying to bring justice to a bunch of murderous terrorists.

      • 2
        2

        My earlier response not yet on.

        Looking at what you have put on, we have no excuse for starting with the “a priori” assumption that all damage inflicted was “co-lateral”.

        You make far too many unwarranted assumptions! The only two languages that I use are Sinhalese and English. I was educated with Tamils, but at that time English was an effective link language in our school. However, then as now, it is Sinhalese that is the next link language – as is to be expected.

        I have seen your pseudonym being disparagingly parodied by others. Please don’t let that happen with me. Talk “sense” without jumping to unwarranted conclusions, please.

        With freedom to report now, we hear of so much of violence in this country – not directly related to politics or ethnicity. Given the tensions inherent in a battle situations excesses could even be excused. By adopting unrealistic positions before investigation (i.e. a priori reasoning) we are throwing away the one excuse that our side has for asking for contextualising anything that emerges which embarrasses us.

        • 2
          2

          sinhala man
          You need to let me know if civilian deaths (mostly due to being used as human shields) were not collateral damage what motivation did the GOSL had to kill innocent civilians if they were identified as not terrorists. The gov. is not that stupid to indiscriminately kill civilians for no reason very well knowing it can go against them. Also, if killing civilians was their main objective that should happen all the time even after the war and even now. At the same time Tamil terrorist knew, that when they were fighting without uniforms civilians will also will be killed by misidentification. And that is what they wanted to happen.
          You appear to be the one who makes uninformed statements. If you think I do, show me what they are with your evidence.

  • 4
    5

    Sri lanka does not a president and a cabinet.

    UN and UNHCR should look after everything as they want.

    It looks the president and cabinet are just puppets of the UN, UNHCR and NGOs.

  • 1
    3

    Hussein fellow is absolutely crazy.

    UN bastards should know that Sri Lanka will never allow a Hybrid Court with in its borders.

    UN basterds, do you have the nerves to tell the USA to establish hybrid courts and hybrid police in their country, because African Americans don’t trust caucasian (white people) judges and caucasian policemen (e.g: O.J.Simpson’s case, Trevor Martin’s case,etc).

    PTA is here to stay.

    Minorities have their private lands in Tamil Nadu.

    SL war heroes will never be criminalised but the British colonialist bastard (colonial era British monarchy,British prime ministers, British governors, etc) must definitely be criminalised.

    World must know that the Root of the Tamil trouble is, British colonialists dumped millions of Tamil slave Labours on Island of Sinhalé (Sri Lanka).

    • 2
      2

      Johnny boy

      “PTA is here to stay. Minorities have their private lands in Tamil Nadu.”

      Though Bengalis had a land in India, Hindians created a country for them in East Pakistan.

      BTW, before 1971 Pakistan too had their 90,000 war criminals in East.

      Don’t you think you should learn when to shut your mouth and ….?

  • 3
    4

    Definitely this UN bullsh1t report was written by Tamil diaspora and this Hussein signed it.

    If hybrid bullsh1t court comes, then minorities will leave the island of Sinhalé (Sri Lanka) for good.

  • 1
    2

    Only way to have a hybrid court is to have a hybrid judiciary, hybrid executive and hybrid legislative. Complete package, peace, justice and democracy for all.

  • 1
    1

    Not that the Srilankans judges are untrustworthy, left to themselves, but they have been made to act like puppets by that powers that be. Judges fall a prey to the government’s requirements for political reasons and to safeguard their future.
    if the government can get help of foreign governments to fight the war ,build harbours, roads and obtain rice and various other assistance to exist,including Central Bank governor, why not some foreign judges. This may ensure that justice is not only done but appear to be done.

  • 1
    2

    Eusense.

    ……..You seem to not comprehend English….

    Eusense,My Dear Fellow, Sinhala Man is a Leigh-Smith Gold Medalist. He will not market that fact being a true Liberal SinhalaMan.

    • 2
      1

      mr plato
      Is that the reason sinhala man went silent?

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