{"id":78089,"date":"2013-03-21T00:01:24","date_gmt":"2013-03-21T00:01:24","guid":{"rendered":"http:\/\/www.colombotelegraph.com\/?p=78089"},"modified":"2013-03-31T11:20:47","modified_gmt":"2013-03-31T11:20:47","slug":"wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka","status":"publish","type":"post","link":"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/","title":{"rendered":"WikiLeaks: History Of The Beginning Of UNHRC Resolutions On Sri Lanka"},"content":{"rendered":"

By Colombo Telegraph<\/a><\/span> –<\/strong><\/p>\n

“According to a source close to President Rajapaksa’s inner circle, the GSL has counted votes within the Human Rights Council and is confident it can defeat any country resolution on Sri Lanka. Sri Lankan media are reporting that Sri Lankan PermRep in Geneva Dayan Jayatilleke, who is known for his hardline Sinhalese views, will be reinforced by Attorney General C.R. De Silva (another hawk) and a three-man team of Deputy Solicitors General. This would indicate that the delegation will treat any debate about Sri Lanka in the HRC as an adversarial proceeding.”<\/strong>\u00a0the\u00a0US Embassy Colombo<\/a><\/span>\u00a0informed Washington.<\/strong><\/p>\n

\"\"<\/a>

Robert O. Blake<\/p><\/div>\n

The Colombo Telegraph found the related leaked cable from the\u00a0WikiLeaks<\/a><\/span>\u00a0database. The cable is classified as \u201cConfidential\u201d and\u00a0written on September 06, 2007 by the US Ambassador to Colombo\u00a0R<\/a>obert O. Blake<\/a><\/span>.<\/p>\n

The ambassador wrote; “The period April-June 2007 showed a decline relative to the beginning of the year in Colombo and some other parts of Sri Lanka in certain categories of human rights abuses, such as abductions. However, the overall level of human rights violations compared to 2002-2005 remains elevated. Since human rights violations are conflict-driven, the improvement may largely be due to an abatement in fighting after government forces reasserted control over the Eastern Province. The continuing role of paramilitary groups such as the Eelam Peoples’ Democratic Party (EPDP) in Jaffna and the Karuna group (TMVP) in the East raises important questions about the durability of the improvement. There are some indications that the frequency of abuses began to climb again recently, but reliable statistics for August are not yet available. The situation in Jaffna remains grave, with abductions continuing and extrajudicial killings on the rise. There has been negligible progress on punishing those responsible for serious human rights violations. Further developments in a few high-profile cases, including some of those within the mandate of the Presidential Commission of Inquiry, will provide a useful indicator of the government’s commitment to improve on accountability. The overall number of child soldiers serving in the Tamil Tigers and the Karuna group is falling, but child recruitment has not stopped. Pressure on the English-language media in Colombo has eased somewhat, although one prominent defense journalist left the country on September 3 to seek temporary refuge abroad. Attacks on Tamil journalists have continued unabated. Embassy is encouraged by the progress so far, but believes that consistent pressure from the U.S. and other friends of Sri Lanka will be needed to sustain the positive trend. The government’s control of the East carries with it the responsibility to ensure a political, security and human rights environment that will reassure Tamils and other minorities. We must make clear to the government that the situation is Jaffna is unacceptable, and to find ways ease the pressure on Tamil media. Please see Embassy conclusions and recommendation in paragraphs 33 to 34.”<\/p>\n

Under the subheading ‘GENEVA HRC SEPTEMBER SESSION’ \u00a0Blake wrote; “Human Rights Minister Mahinda Samarasinghe told Ambassador on August 24 that the GSL will take the position that the HRC’s decision to move forward beginning in 2008 with the Universal Periodic Review mechanism, a peer group process with observers, would render any country-specific resolution on Sri Lanka unnecessary.”<\/p>\n

“July and August have seen a reduction in the number of abductions reported, particularly in the Colombo area. — It is not true that abductions have “gone to zero,” as some have alleged. — The overall incidence of human rights violations appears to have abated in the second quarter of CY 2007 compared to the first quarter. — The frequency of human rights violations has returned to its approximate level in autumn 2006, and remains far above the levels seen before the election of President Rajapaksa in November 2005. — Disappearances have continued at a high rate in the East. The human rights situation has shown little improvement there, although the potential exists for an improvement if stability returns. — As reported elsewhere, the outcome of the government’s plan for the recovery and development of the East will be crucial. Any future role of the Karuna group as a paramilitary will have serious consequences for human rights abuses. — The GSL will resist any Sri Lanka-specific resolution in Geneva because it believes it has the votes to defeat a resolution. Efforts similar to last year’s to negotiate a more mildly worded resolution will probably be futile.” the ambassador wrote as his\u00a0conclusions.<\/p>\n

Under the subheading “RECOMMENDATIONS” Blake wrote; “Sustained U.S. and international pressure will be needed to keep the GSL on track for improving its human rights record.– The U.S., as an influential non-member of the HRC, may want to consider supporting a reasonably worded EU resolution on Sri Lanka (that acknowledges some progress), even if the votes do not appear to be there to pass it. — If decisions are made not to receive Sri Lanka officials at the highest levels in Washington, we should use available opportunities for less senior Washington-based officials to deliver tough messages on the need for a concerted, genuine effort to improve Sri Lanka’s human rights record and hold those guilty of abuses accountable. — We should link a sustained improvement on human rights to U.S. ability to provide certain types of assistance, including a possible Millennium Challenge Compact and more robust forms of security cooperation. — U.S. assistance to help Sri Lanka improve its forensic capability (ref p) will not only help address the GSL’s poor record of investigation and conviction, it will give the Embassy important access. We should also provide whatever assistance we can to human rights defenders in Sri Lanka, who remain under duress (see September 5 Embassy email to SCA\/INS).”<\/p>\n

Read the cable below for further details;<\/p>\n

VZCZCXRO9723\r\nOO RUEHBI RUEHLMC\r\nDE RUEHLM #1225\/01 2491121\r\nZNY CCCCC ZZH\r\nO 061121Z SEP 07\r\nFM AMEMBASSY COLOMBO\r\nTO RUEHC\/SECSTATE WASHDC IMMEDIATE 6749\r\nINFO RUEHKA\/AMEMBASSY DHAKA PRIORITY 0388\r\nRUEHIL\/AMEMBASSY ISLAMABAD PRIORITY 7376\r\nRUEHKT\/AMEMBASSY KATHMANDU PRIORITY 5493\r\nRUEHLO\/AMEMBASSY LONDON PRIORITY 4004\r\nRUEHNE\/AMEMBASSY NEW DELHI PRIORITY 1323\r\nRUEHNY\/AMEMBASSY OSLO PRIORITY 4072\r\nRUEHKO\/AMEMBASSY TOKYO PRIORITY 3158\r\nRUEHCG\/AMCONSUL CHENNAI PRIORITY 7965\r\nRUEHBI\/AMCONSUL MUMBAI PRIORITY 5609\r\nRUEHON\/AMCONSUL TORONTO PRIORITY 0388\r\nRUEHGV\/USMISSION GENEVA PRIORITY 2298\r\nRHHMUNA\/HQ USPACOM HONOLULU HI PRIORITY\r\nRHEFDIA\/DIA WASHINGTON DC PRIORITY\r\nRHEHAAA\/NATIONAL SECURITY COUNCIL WASHINGTON DC PRIORITY\r\nRUEHBS\/USEU BRUSSELS PRIORITY\r\nRUEHLMC\/MILLENNIUM CHALLENGE CORPORATION PRIORITY<\/pre>\n
C O N F I D E N T I A L SECTION 01 OF 08 COLOMBO 001225 \r\n\r\nSIPDIS \r\n\r\nSIPDIS \r\n\r\nDEPARTMENT FOR SCA\/INS \r\n\r\nE.O. 12958: DECL: 09\/05\/2017\r\nTAGS: PGOV PREL PTER PHUM MOPS CE\r\nSUBJECT: HUMAN RIGHTS IN SRI LANKA: SOME IMPROVEMENT BUT\r\nMORE REMAINS TO BE DONE \r\n\r\nREF: A) COLOMBO 977 B) COLOMBO 1036 C) COLOMBO 1078\r\n     D) COLOMBO 728 E) COLOMBO 722 F) COLOMBO\r\n     709 G) COLOMBO 413 H) COLOMBO 463 I)\r\n     COLOMBO 809 J) COLOMBO 1187 K) COLOMBO 920\r\n     L) COLOMBO 746 M) COLOMBO 899 N) COLOMBO\r\n     959 O) COLOMBO 409 P) COLOMBO 1218 \r\n\r\nClassified By: Ambassador Robert O. Blake, Jr. Reasons: 1.4(b, d). \r\n\r\n\u00b61.  (C) SUMMARY:  The period April-June 2007 showed a decline\r\nrelative to the beginning of the year in Colombo and some\r\nother parts of Sri Lanka in certain categories of human\r\nrights abuses, such as abductions.  However, the overall\r\nlevel of human rights violations compared to 2002-2005\r\nremains elevated.  Since human rights violations are\r\nconflict-driven, the improvement may largely be due to an\r\nabatement in fighting after government forces reasserted\r\ncontrol over the Eastern Province.  The continuing role of\r\nparamilitary groups such as the Eelam Peoples' Democratic\r\nParty (EPDP) in Jaffna and the Karuna group (TMVP) in the\r\nEast raises important questions about the durability of the\r\nimprovement.  There are some indications that the frequency\r\nof abuses began to climb again recently, but reliable\r\nstatistics for August are not yet available.  The situation\r\nin Jaffna remains grave, with abductions continuing and\r\nextrajudicial killings on the rise.  There has been\r\nnegligible progress on punishing those responsible for\r\nserious human rights violations.  Further developments in a\r\nfew high-profile cases, including some of those within the\r\nmandate of the Presidential Commission of Inquiry, will\r\nprovide a useful indicator of the government's commitment to\r\nimprove on accountability.  The overall number of child\r\nsoldiers serving in the Tamil Tigers and the Karuna group is\r\nfalling, but child recruitment has not stopped.  Pressure on\r\nthe English-language media in Colombo has eased somewhat,\r\nalthough one prominent defense journalist left the country on\r\nSeptember 3 to seek temporary refuge abroad.  Attacks on\r\nTamil journalists have continued unabated.  Embassy is\r\nencouraged by the progress so far, but believes that\r\nconsistent pressure from the U.S. and other friends of Sri\r\nLanka will be needed to sustain the positive trend.  The\r\ngovernment's control of the East carries with it the\r\nresponsibility to ensure a political, security and human\r\nrights environment that will reassure Tamils and other\r\nminorities.  We must make clear to the government that the\r\nsituation is Jaffna is unacceptable, and to find ways ease\r\nthe pressure on Tamil media.  Please see Embassy conclusions\r\nand recommendation in paragraphs 33 to 34.  End summary. \r\n\r\nABDUCTIONS DOWN IN JUNE; IMPROVEMENT SPOTTY\r\n------------------------------------------- \r\n\r\n\u00b62.  (C) Statistics on disappearances and other human rights\r\nabuses are gathered by different organizations, using\r\ndifferent methodologies for different purposes, and often\r\ncovering different time frames.  While this makes it\r\ndifficult to reconcile discrepancies, comparisons of the data\r\navailable reveal trends.  The International Committee of the\r\nRed Cross (ICRC) provides the best overview of abduction and\r\ndisappearance cases.  ICRC has access to detainees held by\r\nall the conflict parties, including the GSL, the LTTE, and\r\nKaruna group, and maintains full case files, not just names\r\nand dates of presumed abductions.  The ICRC is able to\r\nintervene and solve about 1\/3 of disappearance cases when\r\nfamilies reported them early (within a maximum of about five\r\ndays) and provided accurate information.  ICRC follows up\r\nsystematically with the families, visits detainees and meets\r\nregularly with the GSL and other parties to the conflict. \r\n\r\n\u00b63.  (C) The senior ICRC protection officer in Colombo briefed\r\nPol Chief on updated statistics the ICRC had provided to the\r\ngovernment of Sri Lanka (GSL) and shared with us on a\r\nconfidential basis; these figures should not be shared \r\n\r\nSIPDIS \r\n\r\nCOLOMBO 00001225  002 OF 008 \r\n\r\noutside the USG.  Overall, April-June 2007 was less violent\r\nthan January-March, he said.  The ICRC, like other sources,\r\nreports a significant drop in abductions in Colombo, and in\r\nsome northern districts.  However, the number of\r\ndisappearances remains high in the East; and the number of\r\nunsolved cases remains high everywhere.  ICRC figures for\r\ndisappearances, island-wide, over the past year: \r\n\r\n2006\r\nQ3    467\r\n      234 solved\r\n      233 remain \r\n\r\nQ4    318\r\n      152 solved\r\n      160 remain \r\n\r\n2007\r\nQ1    458\r\n      183 solved\r\n      275 remain \r\n\r\nQ2    230\r\n       79 solved\r\n      151 remain \r\n\r\n\u00b64.  (SBU) Three Sri Lankan NGOS publicly released a paper\r\nthey submitted to the Presidential Commission of Inquiry on\r\nAugust 22, confirming that the victims of human rights abuses\r\n) the dead and disappeared ) are overwhelmingly young, male\r\nTamils from the conflict-torn North and East.  Over seventy\r\npercent of the conflict-related fatalities were Tamils.\r\n(Tamils make up only 16% of the total population.)  The\r\nkillings are unevenly distributed geographically: the\r\ngovernment-controlled Jaffna peninsula, with about 3.5% of\r\nthe island's population, had 23 percent of the killings.\r\nOther hot spots for extrajudicial killings were the eastern\r\ndistrict of Batticaloa and the border area of Vavuniya.\r\nNearly all the victims of abductions were Tamils. \r\n\r\n\u00b65.  (C) ICRC data have consistently revealed the East as the\r\nsource of most disappearance cases.  This includes the\r\ndistricts of Trincomalee, Ampara, Batticaloa, and \"border\"\r\nareas of Polonnaruwa.  The East is first in the incidence of\r\ndetainees allegedly \"arrested\" by a party to the conflict, as\r\nwell as those who disappeared in unknown circumstances.  The\r\nnorthern districts of Jaffna and Vavuniya follow, with a\r\nlesser incidence of disappearances in Mannar, Anuradhapura,\r\nand the LTTE-controlled Vanni. \r\n\r\n\u00b66.  (C) The ICRC noted that the situation in the East was\r\ncharacterized by the problem of armed groups' aggression\r\nagainst civilians, similar to that in Jaffna.  In the case of\r\nthe East, the most vulnerable civilians are those displaced\r\nby the conflict, who are at the mercy of the Karuna faction.\r\nThe ICRC protection officer feared that if the influence of\r\nthe Karuna group continues to increase, the situation in the\r\nEast will begin to resemble that in Jaffna (ref a). \r\n\r\n\u00b67.  (C) The ICRC protection officer underscored that his\r\norganization has never received any substantial information\r\nfrom any of the conflict parties that would point to the\r\nculpability of any of its members.  He added that to his\r\nknowledge, police have never updated family members as to\r\nwhether an investigation has been instituted or is\r\ncontinuing. \r\n\r\n\u00b68.  (C) Our ICRC contact was adamant that government claims\r\nthat the majority of cases concern people who have\r\n\"disappeared\" voluntarily are not true.  People disappear\r\n\"forcefully,\" he said.  Contrary to GSL claims, they almost\r\nnever emigrate or go on foreign trips without telling their\r\nfamilies.  While the ICRC does not track cases of recruitment \r\n\r\nCOLOMBO 00001225  003 OF 008 \r\n\r\nof adults, he acknowledged that there were a very small\r\nnumber of cases in which a person reported missing later\r\nturns out to have been recruited by the LTTE or the Karuna\r\nfaction. \r\n\r\n\u00b69.  (C) ICRC documented only 149 cases of disappearances\r\nisland-wide in 2005.  This rose to 1,134 in 2006, the first\r\nyear of the Rajapaksa government, as the ethnic conflict\r\nescalated.  The first quarter of calendar year 2007 showed a\r\nsharp spike, making it probably the worst quarter for\r\nabductions since Sri Lanka's independence in 1948.  (Note:\r\nthe period of the JVP insurrection in the South in 1988-1990\r\nwas far worse for extrajudicial killings, however.)  With the\r\nrelative improvement in April-June 2007, the incidence of\r\nabductions returned roughly to 2006 levels, but was still\r\nmuch higher than during the CFA. \r\n\r\n\u00b610.  (C) ICRC figures are updated quarterly.  The most recent\r\nstatistics available are current through June 2007.  Whether\r\nthe noted improvement in early summer has been sustained will\r\nnot be clear until third quarter numbers are ready, about the\r\nend of October.  The protection officer confided, though,\r\nthat based on the number of new cases he has seen and\r\ndocumented in July and August, it appeared that the trend had\r\nreversed.  He thought the number of abductions, especially in\r\nnorthern districts, was again headed upwards. \r\n\r\n\u00b611.  (C) The ICRC has much less confidence in the reliability\r\nof its statistics on killings.  Families, especially Jaffna\r\nresidents, are reluctant to report these cases for fear of\r\nbecoming victims themselves.  Still, the ICRC noted a decline\r\nin reported summary executions, island-wide, from 50 in the\r\nfirst quarter of 2007 to 34 in the second quarter. \r\n\r\nRECRUITMENT OF CHILDREN\r\n----------------------- \r\n\r\n\u00b612.  (C) The ICRC and UNICEF saw an overall decline in the\r\ncumulative number of child soldiers serving in the LTTE,\r\nKaruna faction, and other armed groups in the first semester\r\nof 2007.  The protection officer thought that the drop in\r\ncases reported in the LTTE-held Vanni could be due to\r\npressure on parents not to report.  The same would apply to\r\nthe Karuna faction, he said. \r\n\r\nSITUATION IN JAFFNA PROBABLY GETTING WORSE\r\n------------------------------------------ \r\n\r\n\u00b613.  (C) The Centre for Policy Alternatives (CPA), a\r\nrespected Sri Lankan NGO, has also provided us with\r\nstatistics on abductions, killings, and cases of bodily\r\ninjury in the conflict-affected districts of the north and\r\neast.  In contrast to the ICRC figures, CPA shows the\r\nprincipal locus of human rights violations is Jaffna, not the\r\nEast.  (Embassy believes this is probably due to the CPA's\r\nlack of access to detention facilities and resources to\r\ncollect reports from victims' families.  CPA figures for the\r\nEast are quite low; Embassy considers the Red Cross figures\r\nmore reliable.)  The CPA figures show a slight dip in\r\nabductions in Jaffna from May to June, but a return to higher\r\nlevels in July and August.  More significantly, there were\r\nnearly twice as many extrajudicial killings as abductions in\r\nJaffna, and these show a steady rise from the spring through\r\nsummer 2007 (refs b, c). \r\n\r\n\u00b614.  (C) While some assign the blame for the dire situation\r\nin Jaffna directly to the military authorities, there is an\r\nincreasing body of evidence documenting close cooperation\r\nbetween army intelligence in Jaffna and the Eelam People's\r\nDemocratic Party (EPDP), an anti-LTTE Tamil militia (refs d,\r\ne, f).  Its leader, Social Affairs Minister Douglas\r\nDevananda, who is believed responsible for numerous killings,\r\nis fiercely opposed to the LTTE.  Devananda appears to have \r\n\r\nCOLOMBO 00001225  004 OF 008 \r\n\r\nbeen given a free hand to deal with those in Jaffna he\r\nsuspects of ties to the LTTE by whatever means necessary. \r\n\r\n\u00b615.  (C) DCM and Pol Chief asked Defense Secretary Gothabaya\r\nRajapaksa about the apparently worsening situation in Jaffna\r\nin a meeting on August 9.  Gothabaya declined to respond\r\ndirectly, noting only \"I thought that the overall situation\r\nin the country had improved\" and observing that \"they're\r\ndealing with a difficult situation up there.\" \r\n\r\nGOVERNMENT'S RESPONSE TO AMBASSADOR'S LIST\r\n------------------------------------------ \r\n\r\n\u00b616.  (C) A diplomatic note from the Foreign Ministry to the\r\nEmbassy on May 30, 2007 is the only direct response we have\r\nreceived to date on the list of approximately 355 names of\r\nabductees we submitted to the Presidential Secretariat\r\nfollowing a meeting on March 8 between SCA PDAS Mann and\r\nPresident Mahinda Rajapaksa (ref g).  The note addresses only\r\n14 of the 355 cases.  It states that immigration records show\r\nsix of the individuals on the list (or persons with similar\r\nor identical names) either applied for passports or departed\r\nSri Lanka after their reported abductions.  Two of the people\r\non the list were killed, one was arrested by the army, one\r\nwas released after his abduction, two had returned home, and\r\ntwo had been \"traced by Jaffna police\" (no further\r\ninformation).  The Ministry told the Embassy that it and\r\nother parts of the government continue to investigate the\r\nother names on our list, but progress has been halting. \r\n\r\nONE-MAN COMMISSION\r\n------------------ \r\n\r\n\u00b617.  (C) The same diplomatic note refers to the interim\r\nreports of Mahanama Thilakaratne's \"One-Man\" Commission of\r\nInquiry into Disappearances appointed by President Rajapaksa\r\n(ref h).  Thilakaratne, a former High Court judge, is a close\r\nassociate of the President.  According to the note, only 79\r\nof the cases on the Embassy's list had been reported to\r\nThilakaratne.  Of those, 14 abductions took place outside the\r\ntime frame established for the \"One-Man Commission.\" \r\n\r\n\u00b618.  (U) Thilakaratne gave a press interview on August 31 in\r\nwhich he stated that of 1992 disappearance cases from\r\nSeptember 2006 to March 2007, 1425 of the individuals had\r\nreturned.  He said he was still probing into 567 cases, and\r\nwould release the results within two months.  It is not clear\r\nfrom where Thilakaratne derived these numbers.  The number of\r\n\"disappeared,\" for example, is more than twice as high as\r\nreported by the Red Cross, while the percentage of those who\r\nhave returned far exceeds that reported by the Red Cross.  It\r\nis not possible to confirm Thilakaratne's information, since\r\nhe has so far released his report only to President\r\nRajapaksa.  Thilakaratne's first interim report, which we\r\nhave seen, indicates that the lack of resources for his\r\n\"Commission\" and other, self-imposed constraints have led to\r\nspotty, haphazard research.  Our ICRC contact commented\r\nprivately that Thilakaratne's numbers for both disappearances\r\nand their resolutions were impossibly high. \r\n\r\nINTIMIDATION CONTINUES\r\n---------------------- \r\n\r\n\u00b619.  (C) Recent cases show that the security establishment\r\nhas not abandoned the use of strong-arm tactics when it sees\r\nits vital interests threatened.  In the aftermath of the\r\nattempted eviction by police and army of temporary Tamil\r\nresidents of Colombo in June (ref i), seven residents of one\r\nhostel filed a \"fundamental rights\" case in Supreme Court\r\nagainst senior officials, including Inspector General of\r\nPolice Victor Perera and Defense Secretary Gothabaya\r\nRajapaksa.  On August 15, the owner of the lodge discovered\r\nthat some transient residents had left behind a bundle \r\n\r\nCOLOMBO 00001225  005 OF 008 \r\n\r\nincluding claymore mines and other explosive devices.  He\r\nimmediately reported the find to police, who detained him for\r\nquestioning over two days.  They then suggested that the case\r\nagainst him would be dropped if the plaintiffs in the\r\neviction case dropped their lawsuit against the authorities.\r\nThe lodge owner subsequently left for India after receiving\r\nexplicit threats that his schoolage daughters would be\r\nabducted. \r\n\r\nMEDIA FREEDOM\r\n------------- \r\n\r\n\u00b620.  (C) Attacks on journalists, especially Tamils, continued\r\nunabated in July and August.  A 22 year old Jaffna journalism\r\nstudent was shot dead in his home on August 1; another Tamil\r\njournalist who had previously been assaulted by air force\r\npersonnel was the victim of acid-throwing that caused serious\r\ninjuries.  In the most celebrated case (ref j), Iqbal Athas,\r\ndefense analyst for the Sunday Times (Colombo), Jane's\r\nDefense weekly and CNN, had his security detail withdrawn by\r\nthe Defense Ministry and was subsequently threatened in\r\nconnection with reporting on irregularities in the\r\nacquisition of four MiG-27 planes for the Sri Lankan Air\r\nforce.  Athas left Sri Lanka to seek temporary refuge abroad\r\non September 3. \r\n\r\nACCOUNTABILITY\r\n-------------- \r\n\r\n\u00b621.  (C) Kishali Pinto-Jayawardena, deputy director of the\r\nLaw and Society Trust, and author of a confidential legal\r\nopinion commissioned by the International Independent Group\r\nof Eminent Persons (IIGEP), noted that since 1948 a number of\r\nCommissions have been appointed to look into disappearances.\r\nFew of these have reached credible outcomes.  The more\r\nsuccessful ones have been those appointed to look into\r\nmisdeeds of previous governments.  None have directly\r\nresulted in prosecutions of those found responsible. There is\r\nno provision under Sri Lankan law for the findings of\r\nCommissions of Inquiry, which operate under relaxed rules of\r\nevidence, to be taken into account by prosecutors or the\r\ncriminal courts. \r\n\r\n\u00b622.  (C) Since Sri Lanka's 1994 accession to the UN\r\nConvention Against Torture until 2006, there have been just\r\nthree convictions for torture which have not later been\r\noverturned on appeal, Pinto-Jayawardena noted.  3615\r\ninvestigations into \"enforced disappearances\" initiated since\r\n1994 by the Disappearance Investigations Unit have led to\r\nproceedings in just 432 cases.  In these cases, there have\r\nbeen 12 convictions, only two of those in high-profile cases.\r\n Charges have been dropped in 130 cases.  The majority of\r\ncases remain pending.  Even when as a result of inquiries the\r\nSupreme Court had ordered filing of charges against\r\nidentified suspects, prosecutors often failed to do so.\r\nPinto-Jayawardena pointed out there is no public access to\r\ncourt records.  Releasing information about pending cases was\r\nformerly at the discretion of the Attorney General, but the\r\nincumbent Chief Justice of the Supreme Court, a Sinhalese\r\nhardliner, recently issued an order prohibiting the release\r\nto third parties of information relating to human rights\r\ncases against the security forces (ref k). \r\n\r\nCOMMISSION OF INQUIRY\r\n--------------------- \r\n\r\n\u00b623.  (C) The government has frequently cited the President's\r\nnomination of a Commission of Inquiry on Human Rights Abuses\r\n(CoI) and the International Independent Group of Eminent\r\nPersons (IIGEP) as evidence of its intent to establish\r\naccountability for the 16 high-profile cases enumerated in\r\nthe Commission's mandate.  However, the history of previous\r\ncommissions shows that a successful outcome of the current \r\n\r\nCOLOMBO 00001225  006 OF 008 \r\n\r\nCoI is anything but assured.  In private conversations, IIGEP\r\nmembers, including U.S. Eminent Person Gene Dewey, have told\r\nus that progress in clearing up the 16 cases has been\r\n\"glacial.\"  It is questionable whether even one of the cases\r\nwill be resolved before the CoI's mandate expires in November\r\n\u00b62007.  While the GSL may well choose to extend the CoI's\r\nmandate by a year or more, it is doubtful that the Eminent\r\nPersons will ask for such an extension or request additional\r\nfunding from the donors for this purpose. \r\n\r\n\u00b624.  (C) The CoI has so far expended most of its efforts on\r\nthe killings of seventeen Tamil humanitarian workers of the\r\nFrench NGO Action Against Hunger (ACF) in Muttur on August 4,\r\n\u00b62006.  IIGEP sources told us that weeks of interviews have\r\nproduced little but endlessly repetitive questioning of\r\nwitnesses, led by the Solicitor General, into circumstances\r\npreceding the massacre but not directly relevant to\r\ndiscovering the identity of the perpetrators.  They note that\r\nthe killing of five young students in Trincomalee on January\r\n2, 2006 is \"open and shut,\" but that inadequate arrangements\r\nfor witness protection threaten to short-circuit the inquiry\r\n(ref l).  The CoI has not begun to look into another\r\napparently easily solvable case, that of the killing of ten\r\nMuslims in Pottuvil near a mosque on September 17, 2006. \r\n\r\nGAJANAYAKE CASE\r\n--------------- \r\n\r\n\u00b625.  (C) Embassy has examined the lists Sri Lankan Ambassador\r\nto the U.S. Bernard Goonetilleke turned over to SCA PDAS\r\nSteven Mann on August 8.   It is difficult to assess the\r\nstatus of indictments returned against 90 persons in 2004 to\r\n2007 in the absence of further information identifying those\r\ncases and without access to court records.  The few such\r\ncases that ever reach the trial stage may take a decade to do\r\nso; the courts are now dealing with cases from the mid-1990s.\r\n If the historical pattern continues, it is unlikely that\r\nmany of these will result in convictions, let alone\r\nsignificant sentences for the perpetrators.  It is highly\r\nprobable that none of them will come to trial within the term\r\nof the current Sri Lankan administration, which runs until\r\n\u00b62010. \r\n\r\n\u00b626.  (C) According to an RSO police contact, all six names on\r\nthe list of recent arrestees are related to the case of\r\nretired Air Force Wing Commander Nishantha Gajanayake (ref\r\nm), which has received wide media coverage and has been the\r\nsubject of parliamentary debate.  Gajanayake's last position\r\nbefore his retirement was that of executive officer to\r\nthen-Air Force Commander Donald Perera, now Chief of Defense\r\nStaff.  According to accusations leveled in Parliament in\r\nearly June by the opposition UNP, Gajanayake ran an\r\nabduction, murder and extortion ring under the direction of\r\nsenior officials, including Colombo Criminal Investigation\r\nDivision Deputy Inspector General Rohan Abeywardene, that\r\nultimately reported to the highest levels of the Sri Lankan\r\ngovernment.  If there is any truth to this, Embassy considers\r\nit improbable that charges will be filed against Gajanayake\r\n(ref n). \r\n\r\n\u00b627.  (C) There are, however, similar cases from the mid-1990s\r\nnow working their way through the courts involving officials\r\nwho have since been promoted and are now in key positions in\r\nMoD.  We are following a case dating from 1996 involving the\r\ndisappearance of 25 villagers from the Jaffna peninsula in\r\nwhich Lt. Col. Duminda Keppetiwalana, now the executive\r\nassistant of Army Commander Fonseka, is implicated.\r\n(Keppetiwalana has been denied U.S.-funded training under the\r\nLeahy Amendment because of pending charges against him, ref\r\no.)  The magistrate who was handling the case has since been\r\ntransferred from Jaffna to Colombo and demoted to juvenile\r\ncourt.  If the 1996 case is quashed, it will be an indication\r\nthat Sri Lanka is making little headway on accountability. \r\n\r\nCOLOMBO 00001225  007 OF 008 \r\n\r\n\u00b628.  (C) The handling of more recent cases, such as the\r\nmassacre of 13 residents of Allaipity (Kayts island)\r\nallegedlly at the hands of Navy personnel on May 13, 2006,\r\nand the killing of five students at a Vavuniya agricultural\r\ncollege on November 18, 2006, apparently by army and STF\r\npersonnel, will also reveal whether Sri Lanka has developed\r\nthe political will to enforce discipline, apply the rules of\r\nwar, and hold its servicemen and police accountable for\r\nabuses. \r\n\r\nGENEVA HRC SEPTEMBER SESSION\r\n---------------------------- \r\n\r\n\u00b629.  (C) According to a source close to President Rajapaksa's\r\ninner circle, the GSL has counted votes within the Human\r\nRights Council and is confident it can defeat any country\r\nresolution on Sri Lanka.  Sri Lankan media are reporting that\r\nSri Lankan PermRep in Geneva Dayan Jayatilleke, who is known\r\nfor his hardline Sinhalese views, will be reinforced by\r\nAttorney General C.R. De Silva (another hawk) and a three-man\r\nteam of Deputy Solicitors General.  This would indicate that\r\nthe delegation will treat any debate about Sri Lanka in the\r\nHRC as an adversarial proceeding. \r\n\r\n\u00b630.  (C) Human Rights Minister Mahinda Samarasinghe told\r\nAmbassador on August 24 that the GSL will take the position\r\nthat the HRC's decision to move forward beginning in 2008\r\nwith the Universal Periodic Review mechanism, a peer group\r\nprocess with observers, would render any country-specific\r\nresolution on Sri Lanka unnecessary. \r\n\r\n\u00b631.  (C) CONCLUSIONS\r\n-------------------- \r\n\r\n-- July and August have seen a reduction in the number of\r\nabductions reported, particularly in the Colombo area. \r\n\r\n-- It is not true that abductions have \"gone to zero,\" as\r\nsome have alleged. \r\n\r\n-- The overall incidence of human rights violations appears\r\nto have abated in the second quarter of CY 2007 compared to\r\nthe first quarter. \r\n\r\n-- The frequency of human rights violations has returned to\r\nits approximate level in autumn 2006, and remains far above\r\nthe levels seen before the election of President Rajapaksa in\r\nNovember 2005. \r\n\r\n-- Disappearances have continued at a high rate in the East.\r\nThe human rights situation has shown little improvement\r\nthere, although the potential exists for an improvement if\r\nstability returns. \r\n\r\n-- As reported elsewhere, the outcome of the government's\r\nplan for the recovery and development of the East will be\r\ncrucial.  Any future role of the Karuna group as a\r\nparamilitary will have serious consequences for human rights\r\nabuses. \r\n\r\n-- The GSL will resist any Sri Lanka-specific resolution in\r\nGeneva because it believes it has the votes to defeat a\r\nresolution.  Efforts similar to last year's to negotiate a\r\nmore mildly worded resolution will probably be futile. \r\n\r\n\u00b634.  (C) RECOMMENDATIONS\r\n------------------------ \r\n\r\n-- Sustained U.S. and international pressure will be needed\r\nto keep the GSL on track for improving its human rights\r\nrecord. \r\n\r\nCOLOMBO 00001225  008 OF 008 \r\n\r\n-- The U.S., as an influential non-member of the HRC, may\r\nwant to consider supporting a reasonably worded EU resolution\r\non Sri Lanka (that acknowledges some progress), even if the\r\nvotes do not appear to be there to pass it. \r\n\r\n-- If decisions are made not to receive Sri Lanka officials\r\nat the highest levels in Washington, we should use available\r\nopportunities for less senior Washington-based officials to\r\ndeliver tough messages on the need for a concerted, genuine\r\neffort to improve Sri Lanka's human rights record and hold\r\nthose guilty of abuses accountable. \r\n\r\n-- We should link a sustained improvement on human rights to\r\nU.S. ability to provide certain types of assistance,\r\nincluding a possible Millennium Challenge Compact and more\r\nrobust forms of security cooperation. \r\n\r\n-- U.S. assistance to help Sri Lanka improve its forensic\r\ncapability (ref p) will not only help address the GSL's poor\r\nrecord of investigation and conviction, it will give the\r\nEmbassy important access.  We should also provide whatever\r\nassistance we can to human rights defenders in Sri Lanka, who\r\nremain under duress (see September 5 Embassy email to\r\nSCA\/INS).\r\nBLAKE<\/pre>\n","protected":false},"excerpt":{"rendered":"
 […]<\/p>\n","protected":false},"author":22,"featured_media":34967,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,2187,1,2375,27],"tags":[],"class_list":["post-78089","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-colombotelegraph","category-most-popular","category-news","category-stories","category-wikileaks"],"yoast_head":"\nWikiLeaks: History Of The Beginning Of UNHRC Resolutions On Sri Lanka - Colombo Telegraph<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"WikiLeaks: History Of The Beginning Of UNHRC Resolutions On Sri Lanka - Colombo Telegraph\" \/>\n<meta property=\"og:description\" content=\"[…]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/\" \/>\n<meta property=\"og:site_name\" content=\"Colombo Telegraph\" \/>\n<meta property=\"article:published_time\" content=\"2013-03-21T00:01:24+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2013-03-31T11:20:47+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2012\/03\/robert_blake_1.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"412\" \/>\n\t<meta property=\"og:image:height\" content=\"424\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"COLOMBO TELEGRAPH\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"COLOMBO TELEGRAPH\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"25 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/\",\"url\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/\",\"name\":\"WikiLeaks: History Of The Beginning Of UNHRC Resolutions On Sri Lanka - Colombo Telegraph\",\"isPartOf\":{\"@id\":\"https:\/\/www.colombotelegraph.com\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2012\/03\/robert_blake_1.jpg\",\"datePublished\":\"2013-03-21T00:01:24+00:00\",\"dateModified\":\"2013-03-31T11:20:47+00:00\",\"author\":{\"@id\":\"https:\/\/www.colombotelegraph.com\/#\/schema\/person\/9db3d0cfcfa59e1997e3c3524d454cb3\"},\"breadcrumb\":{\"@id\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.colombotelegraph.com\/index.php\/wikileaks-history-of-the-beginning-of-unhrc-resolutions-on-sri-lanka\/#primaryimage\",\"url\":\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2012\/03\/robert_blake_1.jpg\",\"contentUrl\":\"https:\/\/www.colombotelegraph.com\/wp-content\/uploads\/2012\/03\/robert_blake_1.jpg\",\"width\":\"412\",\"height\":\"424\",\"caption\":\"Robert O. 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