17 June, 2019

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Why Not A Hybrid Court Instead Of A Local Court?

By C.V. Wigneswaran

C.V Wigneswaran

“The Hybrid Court could be constituted following the example of the International Independent Group of Eminent Persons (IIGEP) under the Chairmanship of Justice Bhagawathy”

Having already granted nearly four years by Resolutions No: 30/1 and 34/1 the granting of further two years’ time through Resolution 40/L.1 by UNHRC on 21/03/2019 has saddened the Tamils world over. This new Resolution would facilitate the War Criminals and those who indulged in offences against Humanity to escape from liability. The Resolution will also pave the way for the continuance of Human Rights’ violations in Sri Lanka. It was unfortunate that some among us lent support to the Military, which raped our women and girls in hundreds (if not thousands) apart from committing genocide against the Tamils, to escape from liability.

Over 3 years have passed since the passing of Resolution 30/1. Not only has the Sri Lankan Government not endeavoured to implement its commitments as per the Resolution but has gone further to reject its obligation to implement while at the same time co-sponsoring Resolution 40/L.1 which obligated the appointment of a hybrid court as per Resolution 30/1. The Sri Lanka Government recently officially rejected at the UNHRC the appointment of a hybrid court.

This shows the duplicity of the Sri Lankan Government. Their credibility is no doubt at stake. If the Sri Lankan Government could go back on their written promises to the UN so quickly, the International Community should gauge the number of times it would have transgressed agreements in relation to the ethnic problem in the past so many decades and to what extent it would have practised deception on the Tamils frustrating their legitimate expectations.

When Genocide was committed in Sri Lanka the UN and the International Community failed to stop it. After the war the UN and the International Community had an obligation to ensure accountability and justice. But the UN and the International Community has allowed Sri Lanka to take lightly its obligations towards ensuring accountability and justice in Sri Lanka. This would no doubt enable the Sri Lankan Government to continue with its human rights’ violations in the future too. This would be a bad example to the rest of the world in general. If the War Crimes at the end of the war in Sri Lanka were investigated properly in accordance with International Law, its norms and principles and the perpetrators punished, the International Community would have stopped War Crimes being committed elsewhere in the world.

Therefore I make bold to request all the Countries which helped to pass Resolution 40/L.1 to ensure that the contents of Resolution 30/1 are implemented fully and without delay. These Member States must take steps to put into effect the various recommendations set out by the Human Rights’ Commissioner.

Three years ago it was stressed in Resolution 30/1 that the Military must leave the lands of Civilians. But until today the Military does continue to occupy Civilian lands.

The Prevention of Terrorism Act has not been withdrawn yet, as promised. The Government wants to replace the draconian PTA with a more stringent and repressive Act called Counter Terrorism Act (CTA) ten years after the war.

Just at this moment while I am writing this there are Sinhala settlements being established in Mullaithivu, Vavuniya and Trincomalee Districts.

The families of the forcibly disappeared are still visiting Police Stations and Army Camps hoping to get information about their loved ones. They are conducting demonstrations on the streets wanting information about their dear ones. But no information is forthcoming from the officials.

This is why I have stressed that the UNHRC must appoint a Special Rapporteur for Sri Lanka whose office must be stationed in the North and East.

Such appointment would ensure the stoppage of Human Rights’ violations still taking place in the North and East and it would be possible to also oversee the implementation of Resolution 30/1.

Member states must also give their earnest consideration to the question of sending our War Crimes’ matter before the International Criminal Court.

Not only that. Member states should take immediate steps to appoint a Hybrid Court consisting of foreign judges to inquire into the War Crimes committed.

The statement by the Government that in terms of our constitution it is not possible to constitute a Hybrid Court is misplaced.

Then President Mahinda Rajapaksa appointed the International Independent Group of Eminent Persons (IIGEP) under the chairmanship of Ex Indian Chief Justice P.N. Bhagawati to overlook the investigations conducted by the Udalagama Commission inquiring into 16 Human Rights’ violations in Sri Lanka. That could be a precedent to be followed with regard to War Crimes too. The IIGEP consisting of foreign judges was an illustrative example of how the inclusion of foreign judges introduced International standards and also brought credibility among the affected people.

When the IIGEP found the Udalagama Commission investigation and its activities did not conform to International standards and norms and lacked transparency, Justice Bhagawati after one year of the beginning of the Investigation, disbanded the IIGEP and refused to grant approval to the activities of the Commission. That was a classic example which answered the question “Why not a local court instead of a Hybrid Court?”

If may not be out of place for me to mention here that late Justice Mark Fernando and I were consulted by the IIGEP before they disbanded. We were both retired Supreme Court Judges.

*Justice C.V. Wigneswaran, Former Chief Minister, Northern Province. A translation of his message in Tamil is given hereunder – (Media Unit)

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Latest comments

  • 4
    2

    C V Wignesvaran,

    RE: Why not Hybrid Court Instead of Local Court?

    1. The mean IQ of the local Paras is 79, the judges mean IQs will be above 79, but unlikely to be above 124, three standard deviations above the mean.So, for 1,000 locals you will find 1.5 with an IQ above 124, and not many select law, as the lawyers are generally crooks.

    2. The mean IQ of Singapore is 108, and one standard deviation above the mean is 123. So, for every 1,000 Singaporeans, you can find 160 with IQs above 123.

    Furthermore, with two standard deviations, IQ above 138, you can find 25 Singaporeans above IQ 138.

    3. You can select any judges from abroad , provided theirIQs are high enough and are not crooks, not in the payroll of the West, Tamil or zsinhala Diapora, or in the party roll of the local crooks.

    Perhaps you can make the argument that the locals are Modayas, not intelligent, and ask that IQ tests be done to sort the whey from the chaff.

  • 6
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    That is really a good idea, hybrid courts are a MUST for this country!

  • 2
    10

    By what devious logic can the IIGEP which was an auxiliary body of observers to a domestic inquiry , the Udalagama Commission, constitute an argument or model for a COURT, still less a HYBRID COURT?

    • 4
      1

      Could you put aside the Vodka Bottle and read the article?

      Udugama Commission’s substandard, biad performance is the indicator for the need of Hybrid Court.

      Justice Bhagwati put a condition to UN that the procedure should be at least at a minimal standard otherwise he would not sell his name. The Commission was not at anywhere near to IC standard. Udugama simple said the IIGEP has no authority to tell or consult them but they only can just sit and watch. So Justice Bhagwati disband the IIGEP and protected his name.

      All Sinhala Buddhist Modayas earnestly believe that they are even smarter than Fidel Castro. Pathetic!

      • 2
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        Dear Dayan, Tamils will never get justice when there is a conflict with Sinhalese as there is institutional racism in Sri Lanka Judiciary. I have experienced this as a past medico-legal officer in war zone, when no member of security establishment was found fault by the judges, when there was evidence of crime committed on Tamils. Except for a handful of Sinhalese, the rest do not want to have any inquiry against the security forces for war crimes. This percentage applies to Sinhala members of the judiciary also. Hence it is a foregone conclusion that a sham trial will be conducted and some scapegoats will be found to hoodwink international community. Anyone who wants to uphold justice must agree to have foreign judges either wholly or partly. Those who say that they cannot go against constitution are finding lame excuses to deny justice, when constitution is being grossly violated for the past 32 years by successive governments in refusing to devolve police and land powers to provincial councils.

        • 1
          2

          Dr. Gnana Sankaralingam,
          “Except for a handful of Sinhalese, the rest do not want to have any inquiry against the security forces for war crimes.”
          ——–
          This handful of Sinhalese work in NGOs or Civil Society Organizations that thrive on $$$$s coming from White Supremacists who are keen to destabilize this country and exploit our strategic location and resources.

      • 1
        1

        I Wish if Tamils had more smarter people like Pirepaharan, Chelvanayagam, Amirthalingam…….. They leave nothing outsiders to do. Destruction comes within. CV Wiggy is a hopeful star. Best Regards.

    • 2
      0

      Dayan was unfortunately on the wrong foot at that time. Had the IIGEP, which wanted the 2006 commission to succeed, been treated with respect and listened to, we may have found some kind of alternative to foreign judges. The lesson of the IIGEP is that this country cannot respect and live with the ICCPR which it acceded to in 1980, even less could it deliver justice to the aggrieved irrespective of community. As to how justice and the IIGEP were undermined, the person who knows best is Yasantha Kodagoda, the latest of the blue eyed boys to be kicked up the judicial ladder, who strangely, or is it as usual, found favour with arch-rivals Rajapaksa and Sirisena.

  • 5
    1

    CVW!
    It is foolish to be wise when fools try to be wise. It is difficult to be honest where dishonesty reigns supreme. Hence, don’t get disappointed when matters you have pointed out doesn’t materialize. It is a pity that pseudo pride and prejudice surrounds Srilankans. Ask the Sinhalese why they oppose a federal settlement?

  • 1
    0

    The International Independent Group of Eminent Persons (IIGEP) was only a group of persons. It was not a court-hybrid or otherwise.

    The Udalagama Commission was also not a court..it is a commission. .

    What happened to the report of thee commission.?

    Does CV provides a way out to the government to evade their responsibility of appointing a hybrid court?

  • 1
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    When certain VVIP cases come up before Lankan courts, often judges recuse. This is possible, for example, of judges’ fear, real or imagined, of safety.
    Delays result or even aborted if the government of the day wants this.
    Will this impede our progress?
    .
    Under international pressure, we may need so-called hybrid courts to hear and dispose cases.
    PS: This does not guarantee results.
    The MR initiated International Independent Group of Eminent Persons (IIGEP), monitoring Sri Lanka’s Commission of Inquiries, could not operate and left in disgust.
    The person who accomplished this was rewarded by MR and the rest is history.

  • 0
    2

    IIGEP are European Agencies attached and now EU is bankrupt or USA like those very much, most probably, CIA funded. I think they are asking Jaffanisthan from Wigneswaran may be via LTTE rump looking for more funds.

  • 0
    1

    After the next election, Ranil appoints Vijayakala as the Chief minister as wigneswaran and Ranil are at odds.

  • 3
    0

    The Tamils must realise that a home grown solution to find justice and accountability will never ever happen within Sri Lanka. The President and Prime Minister have said repeatedly, again and again, that there will be no investigation or prosecution of their so called “war heroes”. This was clearly stated long before our support to their election in 2015. We are now paying for our stupidity with pain and suffering for our votes.
    Sri Lanka is playing cricket with Human Rights and with International laws, to deviate and delay, hoping that rain will abandoned the game before fatigue steps in. They will be doomed and will fail with a collapsed economy into a rogue state. The international community will learn from it. The international community is unable to explain what next after the two year extension, fails again.
    The Tamils have to unite and focus, based on our 70 year history of suppression and subjugation, more so now 10 years after Mullivaikkal genocide, 4 years of good governance, 3 ½ years of non-conformance of the Human Rights resolution 30/1, where we go from here?
    We have followed the international processes, but the victims are further victimised for another two years, with pain and suffering, and Sri Lanka rewarded for non-conformance with another two years to set their field to delay and deny justice, and to enhance their agenda to complete the structural genocide on the Tamil Homeland. This in the name of geo-politics, to keep the fool against the devil at bay.
    Our options are now very clear, since the international community continues to fail us, we the victims of genocide, have the right to self-determination, to decide our future destiny, through a referendum, whether they like it or not. Don’t be fooled again and again, let’s unite and focus for a permanent political solution to our Homeland – Tamil Eelam..

  • 2
    2

    Descendants of slaves brought to this country illegally by Portuguese, Dutch and British colonial exploiters for their economic gain after 1505 launched a separatist terrorist campaign against the Government of Sri Lanka and Sinhala and Vedda Eththo who lived in this country for more than 2500 years. TNA was formed as the political wing of that terrorist group called themselves as LTTE headed by barbarian Prabhakaran. TNA politicians were sympathizers of terrorism. Vigneshwaran is one of them. How dare this descendant of a slave who sympathized terrorism talk about hybrid courts to try Sri Lankan Armed Forces who wiped out that terrorist outfit.
    ———–
    If UNHRC Commission hypocrites insist on hybrid courts, Sri Lankan Government should lay down the condition that LTTE cadres who are alive and sympathizers of terrorism should be tried first for their role in committing war crimes.

  • 0
    1

    There is no need of hybrid courts. Appoint LTTE courts again and take all the war criminal to a firing UAD, then publish photos saying Sinhala govt killed Tamil Martyers..Can win election for another term

  • 1
    1

    This UN Resolution demands to Investigate the crimes committed only in 2009.
    How Cool..

    Obviously the sponsors who are the English speaking West don’t want to know anything about Kathankaddy, Mahabodhi, Somawathiya, Dehiwala Station and Kablethigollawa.
    And the 600 unarmed Policemen in Madakalapuwa.

    This ex Vellala CM being a Supreme Court Judge all though those Incidents apparently seems to know nothing about those atrocities
    Is the Vellala ex CM still a member of the TNA which is lead by the Thamil Kingdom Party aka TAK?..

    • 3
      0

      KASmaalam K A Sumanasekera

      “Obviously the sponsors who are the English speaking West don’t want to know anything about Kathankaddy, Mahabodhi, Somawathiya, Dehiwala Station and Kablethigollawa. And the 600 unarmed Policemen in Madakalapuwa.”

      Forget the English Speaking, Christian, Neo Liberal, ….. infidel, Idle Worshipping, .. West, as a person from first nation I have been demanding an investigation into war crimes and crimes against humanity committed by all parties between 5th April 1971 and 9th January 2015.

      Why the hell you could not do the same?

      In order to avoid/hide the share of war crimes committed by your favourite leaders, including Siri Mao and Rjapaksa’s you want the rest war criminals go free. What a stupid, ignorant, moronic, pathetic, heartless, ………….. person you are.

  • 2
    2

    Sri Lankan Armed Forces did not commit war crimes because they did not fight a war. They were engaged in a military operation to eliminate barbaric Demala terrorism campaign. SL Army liberated Demala people from the clutches of barbaric Demala terrorists and gave the opportunity for them to live in peace.
    ———–
    On the other hand, Indian Peace Keeping Force committed serious war crimes by raping Demala women and killing them, killing unarmed civilians and destroying buildings belong to civilians instead of maintaining peace. But Wellala politicians who have big mouths to talk about war crimes by SL Armed Forces are dead silent on IPKF because they are scared of Modi.

  • 0
    0

    In ancient Srilanka there were Tamils and Sinhalaes lived together, and married each other’s, some time they ( Sin & Tam) fighting, in German Script they tell (14/15) both had fighted, that was their problem, what I tell there will good news or bad news, secant wait and see,

  • 0
    0

    Dear Sir

    Hybrid court is only suitable if we are to try all the killings that took place since 1970 in Jaffna under the supervision of TULF and Tamil Nadu gutter politicians.

    We need an independent investigations for this crimes to start with immediately. I am surprised you did not do this during the NPC term on behalf of people Jaffna + all those who were killed upholding the law & community care as Suthenthiran news paper + TULF celebrated life/success in this blood letting we never had nor heard of in Jaffna in our democracy ever before. You need to record all this ‘systematic terror’ that was unleashed on the Tamil people by the TULF to get elected/killing all their opponenets is a natural act for Chief Justice I WAS HOPING WHEN YOU WERE IN POWER??.

    Without this as a base line there is no human rights discussions to be had in Sri Lanka period because once we analyse THESE FACTS all will be clearer. The same to be done down south of the activities of JVP.

    The fact we discuss armed force and their blunders is baseless unless we lay the correct facts for a useful discussion that will lead to we taking care of the living???

    The notion Armed forces = racist Singhalese got to be removed from all the discussions will help the armed forces getting their act together for a better tomorrow??

    We spend time talking 2500 years…then 70 years….then the 10years……..is what has left to the 1970 start of all ills in SL. Always the wrong discussion leading our children to address/focus incorrect solutions???

    WE ARE ALLIN IT AND HAVE NO ONE TO CASET THE FIRST STONE Sir.
    My Fathers school says ‘Be Honest to Yourself’…..

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