{"id":150912,"date":"2015-09-16T20:52:51","date_gmt":"2015-09-16T15:22:51","guid":{"rendered":"https:\/\/www.colombotelegraph.com\/?p=150912"},"modified":"2015-09-22T13:10:56","modified_gmt":"2015-09-22T07:40:56","slug":"un-human-rights-boss-urges-creation-of-hybrid-special-court-in-sri-lanka","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/un-human-rights-boss-urges-creation-of-hybrid-special-court-in-sri-lanka\/","title":{"rendered":"UN Human Rights Boss Urges Creation Of Hybrid Special Court In Sri Lanka"},"content":{"rendered":"
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The UN report on Sri Lanka published today has identified patterns\u00a0of grave violations in Sri Lanka between 2002 and 2011, strongly indicating that war\u00a0crimes and crimes against humanity were most likely committed by both sides to the\u00a0conflict. The report recommends the establishment of a hybrid special court, integrating\u00a0international judges, prosecutors, lawyers and investigators, as an essential step\u00a0towards justice.<\/p>\n<\/div>\n<\/div>\n

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\"Zeid<\/a>

Zeid Ra\u2019ad Al Hussein – The UN High Commissioner for Human Rights<\/p><\/div>\n

\u201cOur investigation has laid bare the horrific level of violations and abuses that occurred\u00a0in Sri Lanka, including indiscriminate shelling, extrajudicial killings, enforced\u00a0disappearances, harrowing accounts of torture and sexual violence, recruitment of\u00a0children and other grave crimes,\u201d High Commissioner Zeid said. \u201cImportantly, the report\u00a0reveals violations that are among the most serious crimes of concern to the\u00a0international community as a whole.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\u201cThis report is being presented in a new political context in Sri Lanka, which offers\u00a0grounds for hope,\u201d Zeid said. \u201cIt is crucial that this historic opportunity for truly\u00a0fundamental change is not allowed to slip.\u201d<\/p>\n

Among the most serious crimes documented in the report are the following:<\/p>\n<\/div>\n<\/div>\n

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Unlawful killings:<\/strong> Numerous unlawful killings between 2002 and 2011, were\u00a0allegedly committed by both parties, as well as by paramilitary groups linked to the\u00a0security forces. Tamil politicians, humanitarian workers, journalists and ordinary\u00a0civilians were among the alleged victims of Sri Lankan security forces and\u00a0associated paramilitaries. There appear to have been discernible patterns of\u00a0killings, for instance, in the vicinity of security force checkpoints and military bases,\u00a0and also of extrajudicial killings of individuals while in the custody of security forces,\u00a0including people who were captured or surrendered at the end of the conflict. The\u00a0Liberation Tigers of Tamil Elam (LTTE) also reportedly killed Tamil, Muslim and\u00a0Sinhalese civilians, through indiscriminate suicide bombings and mine attacks, as\u00a0well as assassinations of individuals including public officials, academics and\u00a0dissenting Tamil political figures.<\/p>\n<\/div>\n<\/div>\n

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Sexual and gender-based violence:<\/strong> One shocking finding of the investigation was\u00a0the extent to which sexual violence was committed against detainees, often\u00a0extremely brutally, by the Sri Lankan security forces, with men as likely to be\u00a0victims as women. Harrowing testimony from 30 survivors of sexual violence who\u00a0were interviewed indicates that incidents of sexual violence were not isolated acts\u00a0but part of a deliberate policy to inflict torture, following similar patterns and using\u00a0similar tools. The report describes sexual torture which occurred during\u00a0interrogation sessions, and also patterns of rape, much of which appeared to occur\u00a0outside of interrogations sessions. Sexual torture was performed in a wide range of\u00a0detention locations by different security forces, both during and after the conflict.\u00a0Not a single perpetrator of sexual violence related to the armed conflict is so far\u00a0known to have been convicted.<\/p>\n

Enforced disappearances:<\/strong> Enforced disappearances affected tens of thousands of\u00a0Sri Lankans for decades, including throughout the 26-year armed conflict with the\u00a0LTTE. There are reasonable grounds to believe that enforced disappearances may\u00a0have been committed as part of a widespread and systematic attack against the\u00a0civilian population. In particular, there are reasonable grounds to believe that a\u00a0large number of individuals who surrendered during the final phase of the war were\u00a0disappeared, and remain unaccounted for. Many others, including people not\u00a0directly linked to the conflict, disappeared, typically after abduction in \u2018white vans.\u2019\u00a0<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Torture and other forms of cruel, inhuman or degrading treatment:<\/strong> Brutal use of\u00a0torture by the Sri Lankan security forces was widespread throughout the decade\u00a0covered by the report, and in particular during the immediate aftermath of the\u00a0conflict. Some of the more commonly used centres had rooms that were set up with\u00a0torture equipment, illustrating the premeditated and systematic nature of the use of\u00a0torture. These rooms contained objects including metal bars and poles for beatings,\u00a0barrels of water used for waterboarding, and pulleys from which victims were\u00a0suspended. Victims interviewed for the report described seeing bloodstains on the\u00a0walls or floors of these rooms, and described their own torture in detail.<\/p>\n

Recruitment of children and their use in hostilities, as well as abduction and forced\u00a0recruitment of adults:<\/strong> Information indicates patterns of abductions leading to forced\u00a0recruitment of adults by the LTTE, which intensified towards the end of the conflict.\u00a0Extensive recruitment and use of children in armed conflict by the LTTE and by the paramilitary Karuna group, which supported the Government following its spilt from\u00a0the LTTE in 2004, was also documented. Children were often recruited by force\u00a0from homes, schools, temples and checkpoints, and, after basic training were sent\u00a0to the frontlines. According to numerous reports, in the last few months of the\u00a0conflict, the LTTE increasingly recruited children below the age of 15. These\u00a0practices would amount to war crimes if established in a court of law.<\/p>\n<\/div>\n<\/div>\n

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Attacks on civilians and civilian objects:<\/strong> There are reasonable grounds to believe\u00a0that many attacks during the last phase of the war did not comply with international humanitarian law principles on the conduct of hostilities, particularly the principle of\u00a0distinction. The report documents repeated shelling by Government forces of\u00a0hospitals and humanitarian facilities in the densely populated \u2018No Fire Zones,\u2019\u00a0which the Government itself had announced but which were inside areas controlled\u00a0by the LTTE. Directing attacks against civilian objects and\/or against civilians not\u00a0taking direct part in hostilities is a serious violation of international humanitarian law\u00a0and may amount to a war crime. The presence of LTTE cadres directly participating\u00a0in hostilities and operating within the predominantly civilian population,\u00a0and the LTTE policy of forcing\u00a0civilians to remain within areas of active hostilities, may also have violated\u00a0international humanitarian law. However, this would not have absolved the\u00a0Government of its own responsibilities\u00a0under international humanitarian law. The duty to respect international humanitarian law does not depend on the conduct of\u00a0the opposing party, and is not conditioned on reciprocity.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Denial of humanitarian assistance:<\/strong> There are reasonable grounds to believe that\u00a0the Government placed considerable restrictions on freedom of movement of\u00a0humanitarian personnel and activities, and may have deliberately blocked the\u00a0delivery of sufficient food aid and medical supplies in the Vanni in the Northern\u00a0Province, which may amount to the use of starvation of the civilian population as a\u00a0method of warfare. Such conduct, if proven in a court of law, may constitute a war\u00a0crime.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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Violations during the detention of internally displaced people (IDPs) in closed\u00a0camps:<\/strong> The manner in which the screening processes were carried out, to separate\u00a0former LTTE combatants from civilians, failed to meet international standards and\u00a0facilitated ill-treatment and abuse. Almost 300,000 IDPs were deprived of their\u00a0liberty in camps for periods far beyond what is permissible under international law.\u00a0There are also reasonable grounds to believe that IDPs were treated as suspects\u00a0and detained because of their Tamil ethnicity. This may amount to discrimination\u00a0and the crime against humanity of \u201cpersecution.\u201d<\/p>\n<\/div>\n<\/div>\n

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The report documents years of denials and cover-ups, failure to carry out prompt\u00a0investigations, stalled investigations and reprisals against the family members of\u00a0victims and others who have pushed for justice.<\/p>\n

It notes that the repeated failure of successive domestic inquiries to bring justice has\u00a0led to scepticism, anger and mistrust on the part of victims, particularly since \u201cmany of\u00a0the structures responsible for the violations and crimes remain in place.\u201d The report\u00a0demonstrates the systemic weakness in addressing these crimes, especially when the\u00a0military or security forces are involved. It also describes \u201creprisals against judicial and\u00a0other professionals who try to prosecute human-rights related cases involving State\u00a0officials.\u201d<\/p>\n<\/div>\n<\/div>\n

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\u201cThe commitment by the new Government to pursue accountability through a domestic\u00a0process is commendable…but the unfortunate reality is that Sri Lanka\u2019s criminal justice\u00a0system is not yet ready,\u201d the report states. \u201cFirst and foremost is the absence of any\u00a0reliable system for victim and witness protection. Second is the inadequacy of Sri\u00a0Lanka\u2019s domestic legal framework to deal with international crimes of this magnitude.\u00a0The third challenge is the degree to which Sri Lanka\u2019s security sector and justice\u00a0system have been distorted and corrupted by decades of emergency, conflict and\u00a0impunity.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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The High Commissioner welcomed the positive steps taken by the new Government of\u00a0President Mathiripala Sirisena since January this year, but said that \u201cSri Lanka must\u00a0now move forward to dismantle the repressive structures and institutional cultures that\u00a0remain deeply entrenched after decades of erosion of human rights.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\u201cThis will not happen overnight, and no one should underestimate the enormity of the\u00a0task,\u201d he said. \u201cWe have seen many moments in Sri Lanka\u2019s history when governments\u00a0pledged to turn the page and end practices like enforced disappearances, but the\u00a0failure to address impunity and root out the systemic problems that allowed such\u00a0abuses to occur meant that the \u2018white vans\u2019 could be, and were, reactivated when\u00a0needed. It is imperative that the Government seizes the unique opportunity it has to\u00a0break the mold of impunity once and for all. This means there must be a root-and-\u00a0branch transformation of the ways in which institutions and officials operate.\u201d\u00a0The report recommends a range of measures to develop a comprehensive transitional\u00a0justice policy to address the human rights violations of the past 30 years and prevent\u00a0their recurrence.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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The High Commissioner urged all communities and sections of society, including the\u00a0diaspora, to view the report as \u201can opportunity to change discourse from one of\u00a0absolute denial to one of acknowledgment and constructive engagement to bring about\u00a0change.\u201d<\/p>\n<\/div>\n<\/div>\n

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\u201cAfter so many years of unbridled human rights violations and institutionalized impunity,\u00a0the wounds of victims on both sides have festered and deepened,\u201d Zeid said. \u201cUnless\u00a0fundamentally addressed, their continued suffering will further polarize and become an\u00a0obstacle to reconciliation, and \u2013 worse \u2013 may sow the seeds for further conflict.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\u201cThe levels of mistrust in State authorities and institutions by broad segments of Sri\u00a0Lankan society should not be underestimated,\u201d the High Commissioner said. \u201cIt is for\u00a0this reason that the establishment of a hybrid special court, integrating international\u00a0judges, prosecutors, lawyers and investigators, is so essential. A purely domestic court\u00a0procedure will have no chance of overcoming widespread and justifiable suspicions\u00a0fuelled by decades of violations, malpractice and broken promises.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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\u201cThe domestic criminal justice system also needs to be strengthened and reformed, so\u00a0it can win the confidence of the public, but that is a process which will take several\u00a0years to achieve and needs to be undertaken in parallel to the establishment of a\u00a0special hybrid court, not in place of it. Indeed such a court may help stimulate the\u00a0reforms needed to set Sri Lanka on a new path to justice, building public confidence\u00a0along the way.\u201d<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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The UN Human Rights Office (OHCHR) was mandated by the UN Human Rights\u00a0Council last year to conduct a comprehensive investigation into alleged serious\u00a0violations and abuses of human rights and related crimes by both parties in Sri Lanka\u00a0during the period 2002-11. The investigation report is based on eye-witness testimony,\u00a0interviews with victims and witnesses, video and photographic material including\u00a0satellite imagery (much of which is not in the public domain) that was analyzed by\u00a0forensic and military experts, and an extensive review of documentation, including\u00a0about 3,000 written statements and submissions, as well as previously unpublished\u00a0reports. The OHCHR investigation team was not granted access to Sri Lanka and\u00a0faced other constraints, including the previous Government\u2019s use of threats,\u00a0intimidation and surveillance to prevent people, particularly in the north of the country,\u00a0from cooperating with the investigation.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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* The report is divided into two parts which are interlinked –\u00a0Both parts as well as other materials related to the investigation are available here<\/span><\/a><\/p>\n

** 261 pages full report is available here<\/span><\/a><\/p>\n<\/div>\n<\/div>\n

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