30 September, 2020

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UN Report Represent A Human Rights Investigation And Not A Criminal Investigation: Full Text Of Sri Lanka’s Response

Responding to the UN report of the OHCHR investigation on Sri Lanka, the Government of Sri Lanka says; “the UN report of the OHCHR investigation on Sri Lanka recognises fully that this Report represent a human rights investigation and not a criminal investigation, and ensure that its content as well as recommendations receive due attention of the relevant authorities including the new mechanisms that are envisaged to be set up.”

The response sent by the Sri Lankan Government;Response to UN

Response to UN

Response to UN

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Latest comments

  • 3
    5

    To GoSL,
    This is a Human Rights investigation vis-à-vis a criminal investigation resulting from war crimes. It is better for the OHCHR to be behind the trigger than the ICC. Be that as it may, what happened to Mangala’s master Tony B-LIAR and his mistress Cherrie B’LIAR who agreed to lobby for GoSL? Next time Mangala should take that pretty boy Mahinda Samarasinghe with him. More the number of clowns, merrier and lovelier the circus!

  • 6
    4

    I think the Tamils are trying to get over the war humiliation. I don’t think revenge will be enough to cover over the embarrassment particularly in view of few reasons.

    The TULF (now TNA) declared war on Ceylon with this in 1977.

    And this Convention calls upon the Tamil Nation in general and the Tamil youth in particular to come forward to throw themselves fully into the sacred fight for freedom and to flinch not till the goal of a sovereign state of TAMIL EELAM is reached.

    http://www.sangam.org/FB_HIST_DOCS/vaddukod.htm

    This is based on the assumption upon European conquest Tamils lost their sovereignty. This is blatantly wrong and can be demonstrated amply.

    Regardless TULF did not get a mandate from either the Eastern nor provinces combined for Tamil Eeelam. Therefore, the TULF (TNA) are responsible for the violence and upheaval between 1977-2009. Everything happened during this period is illegal, immoral and unethical.

    The Tamils encapsulate the flawed theory in what is called the “Thimpu Principles” and walk way from negotiations 9 times with the govt.

    Nevertheless, 2 Indian interventions take place. One in 1987 and another in 2002. The 1987 intervention imposed the 13th amendment on Ceylon constitution. Even after Indians imposed their solution on people of Ceylon the Tamils reject and goes to war again.

    The second intervention takes place in 2002 – this time with international help. Soon it becomes clear Prabarkan is still trying to answer the Tamil Eelam call by TULF.

    Prabakaran plans and executes what is called “The Final War”. All Tamils appear to be onboard. Gold is collected from Tamils and TNA goes along with the war all the way. The war ends in defeat and humiliation.

    So govt position that accountability, truth – yes. Although “no” to criminal investigations.

    That is because that is what it took to end the mindless Tamil violence. The soldiers or the command structure shall not be punished for doing whatever it took to end that was illegal, unethical and immoral right from the beginning.

    • 3
      5

      i) Anti-tamil pogroms were taking place long before 1977. No-one was ever held to account;
      ii) There are rules for war – Sri Lanka’s forces seem to have grossly breached them for decades from the top down – prosecutions have to take place. Shortly many of these people will face asset and travel bans and there are a raft of tools to eventually get them in jail;
      iii) The ICC sentenced Tamil fund raisers to prison last week. They are being fair. The Tamils did fight the war and recruit child soldiers and they will be held to account.
      iv) In the post LTTE period of 6 years there are shocking accounts of further state violence against Tamils. Why? Shouldn’t they be prosecuted?

    • 4
      5

      Secondly, I am not sure what Tamils should be humiliated about?
      i) A force of 15,000 to 20,000 faced a force of 150,000 to 400,000 and won for most of three decades;
      ii) The international community gave Sri Lanka money, guns and intelligence, but despite repeated warnings on human rights the Sri Lankan army didn’t listen and continued torturing, raping and killing civilians;
      iii) Whilst Tamils in Sri Lanka are oppressed, many that fled have become very wealthy, and their children now rub shoulders with the elite of the US, UK and Europe – their GDP is two or three times that of Sri Lanka. Yes a populaton of a tenth of the country has GDP of two or three times the country;
      iv) Sri Lanka seems to have committed gross war crimes that could be deemed genocidal – that make Sri Lanka more like Serbia, Rwanda and Sudan.
      Not sure why Tamils should be humiliated? Perhaps a little contrition on the part of Sri Lankans would be good.

      • 5
        1

        Secondly, I am not sure what Tamils should be humiliated about?

        I think Tamils need to be proud of creating a new “Freedom Fighting” doctrine.

        Normally the freedom fighter stand in front of the civilian defending his/her liberty from the alleged oppressor.

        The Tamil doctrine was totally the opposite. It involved taking cover behind the civilian when the oppressor charges.

        All the footage the Tamils used in Geneva was staged by LTTE using Tamil civilians in such manner. I know that, and I know you know too.

        Normally in other cultures such cannibalism is frowned upon. Perhaps your culture its different!

    • 0
      4

      [Edited out] there’s Tamils have nothing to be humiliated about. You Srilanka Army was humiliated for 30 years, Sinhala soldiers were killed by Tamil Tigers like rain flies for 30 years. Even thou Sinhala army had hundred thousands troops and LTTE fought them in just thousands still won most wars. Tigers killed Sinhala army like how pests were killed by pesticides lol.

      • 3
        0

        Maveeran,

        So you are admitting unabashedly that the LTTE killed thousands of government troops like flies? Why wasn’t this in the Report?

        • 2
          1

          Killing soldiers is war what else is war? – It is not a crime in international law.

  • 2
    2

    Let’s have a fair and genuine inquiry. If Sri Lanka has nothing to hide, nothing to fear, she should welcome the opportunity to put a closure to the insinuations once and for all. Are we game, people?

  • 3
    2

    “the UN report of the OHCHR investigation on Sri Lanka recognises fully that this Report represent a human rights investigation and not a criminal investigation, and ensure that its content as well as recommendations receive due attention of the relevant authorities including the new mechanisms that are envisaged to be set up.”

    Yes this is right. However, further investigations and the Hybrid Special Court, recommended, will decide whether war crimes were committed by the State, LTTE and the Paramilitary organizations. The final resolution at this session of the UNHCR will spell out the mechanisms and modalities.

    Except, for some concerns I have about the OHCHR report on the IDP camps, I find this report fits the pocture I had formed. The most postive feature of this report is that i has not preseented guestimates on the number dead as a direct result of the war, during the period under consideration.
    I hope the concerned elements within Sri Lanka, including the government will take enlightened approach to the coontours of what are likely to be the final resolution.

    Namal Rajapakse’s remark on the capability of the Sri Lankan judicial system to carry out the task enviaged by the OHCHR, is hilarious and nauseating at the same time, and is a forerunner of the direction some noisy elements in the MR camp will take.

    The government should do what is right and convince the people that is the right thing to do.

    Dr.Rajasingham Narendran

  • 2
    4

    Mangala

    What is happening to the good governance arrests of criminals of Rajapakse regime and their investigations?

    Why the govt. is silent on Namal Rajapakse?

    He should be investigated for:

    1. fraudulent Law College examination with the help of Prof G L Peiris.

    2. publicly siphoning off the agricultural equipment allocated to the Tamils victims in the north without any remorse whilst the NGO official was shedding tears seeing what was done by him.

  • 4
    2

    Mangala,

    great !, your reply says much about your credentials than any damn paper qualifications of likes of Dr. (my a..)Dayan Jayatilake to hold Foreign minister post.

    This is the way to go , may triple gem & all the gods bless you.

  • 7
    4

    The U.N. High Commissioner for Human Rights is NOT a South African Tamil but a Jordanian Arab. Why is an Arab prince Zeid Ra`ad Al Hussein declared a war On Sri Lanka?

    What happened to Mahinda Rajapakshe’s WAR without witness for ‘Humanitarian Liberation’ with ‘Zero casualty’ policy?

    Zeid Ra`ad Al Hussein directly accuses Sri Lanka for the war crimes and has set the clock ticking for ‘Criminal investigation’ against War Criminals of Sri Lanka. The Sri Lankan stories of ‘Humanitarian Liberation’, ‘Zero civilian casualty’, etc, etc are all flushed down the UN Toilet. UN Has opened the doors wide for international involvement because they do not believe in ‘NATURAL JUSTICE’ from Sri Lanka. The Foundation of Sri Lanka as a ‘Responsible State’ that considers all citizens as equals goes for a toss with this Hard hitting UN Report. Prosecuting the Sri Lankan war criminals under Universal Jurisdiction is UN High Commissioner’s intention.

    Is the present regime going to save the Rajapakshes and his whole bunch of war criminals from a ride to Hague?

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