SRI Lanka’s President Mahinda Rajapaksa, during a meeting held at Temple
Trees with electoral officers, declared that he is willing to go even to
the gallows to safeguard his motherland, reports TamilNet.
‘Certain groups with vested interest are still hell bent on bringing
disrepute to Sri Lanka, almost two years after the war was ended,’
Rajapaksa said according to political sources in Colombo.
Rajapaksa made these statements in reference to the UN-panels report on Sri Lanka
war crimes which was submitted to UN Secretary General Ban Ki-Moon.
The Sri Lanka-based paper, ‘Island’ leaked the executive summary of the
report in an attempt to soften the damages before the UN releases the
full report, a political observer in Colombo said.
Rajapaksa reportedly told the meeting that he is willing to go to any
length to safeguard Sri Lanka from these vested interest groups who are
hell bent on bringing disrepute to his country.
Evidence in the report against Sri Lanka are ‘all fabricated, and I am
willing to go to any length to safeguard my country,’ Rajapaksa was
quoted as saying in this meeting.
Meanwhile, the president’s brother, Gotabhaya Rajapaksa who is the
current Defence Secretary, threatened that ‘if the United Nations cannot
protect one of its member states, Sri Lanka will be forced to look for
protection from Russia and China,’ the Colombo paper Sunday Times said.
He said the UN seemed to have been ‘hi-jacked by some countries’ and
that Sri Lanka as a member-state of the UN needs its protection.
‘This will push us to other countries to protect us. The UN should not
be a pawn of some countries,’ the Sunday Times said quoting the Defence
Secretary.
Referring to a passage in the report that states that the Army fired on
hospitals during the last stages of the war, the Defence Secretary said
he had it ‘in writing’ that the hospital had been vacated before the
firing had started.
Following is part of the text of the UN Panel report, leaked to media in
Colombo, on Saturday:
‘Allegations found credible by the Panel
‘The Panel’s determination of credible allegations reveals a very
different version of the final stages of the war than that maintained to
this day by the Government of Sri Lanka. The Government says it pursued
a “humanitarian rescue operation” with a policy of “zero civilian
casualties”. In stark contrast, the Panel found credible allegations,
which if proven, indicate that a wide range of serious violations of
international humanitarian law and international human rights law were
committed both by the Government of Sri Lanka and the LTTE, some of
which would amount to war crimes and crimes against humanity. Indeed,
the conduct of the war represented a grave assault on the entire regime
of international law designed to protect individual dignity during both
war and peace.
‘Specially the Panel found credible allegations associated with the
final stages of the war. Between September 2008 and 19 May 2009, the Sri
Lanka Army advanced its military campaign into the Vanni using
large-scale and widespread shelling causing large numbers of civilian
deaths. This campaign constituted persecution of the population of the
Vanni. Around 330,000 civilians were trapped into an ever decreasing
area, fleeing the shelling but kept hostage by the LTTE. The Government
sought to intimidate and silence the media and other critics of the war
through a variety of threats and actions, including the use of white
vans to abduct and to make people disappear.
‘The Government shelled on a large scale in three consecutive No Fire
Zones, where it had encouraged the civilian population to concentrate,
even after indicating that it would cease the use of heavy weapons. It
shelled the United Nations hub, food distribution lines and near the
International Committee of the Red Cross (ICRC) ships that were coming
to pick up the wounded and their relatives from the beaches. It shelled
in spite of its knowledge of the impact, provided by its own
intelligence systems and through notification by the United Nations, the
ICRC and others. Most civilian casualties in the final phases of the
war were caused by Government shelling.
‘The Government systematically shelled hospitals on the frontlines. All
hospitals in the Vanni were hit by mortars and artillery, some of them
were hit repeatedly, despite the fact that their locations were
well-known to the Government. The Government also systematically
deprived people in the conflict zone of humanitarian aid, in the form of
food and medical supplies, particularly surgical supplies, adding to
their suffering. To this end, it purposely underestimated the number of
civilians who remained in the conflict zone. Tens of thousands lost
their lives from January to May 2009, many of whom died anonymously in
the carnage of the final few days.
‘The Government subjected victims and survivors of the conflict to
further deprivation and suffering after they left the conflict zone.
Screening for suspected LTTE took place without any transparency or
external scrutiny. Some of those who were separated were summarily
executed, and some of the women may have been raped. Others disappeared,
as recounted by their wives and relatives during the LLRC hearings. All
IDPs were detained in closed camps. Massive overcrowding led to
terrible conditions, breaching the basic social and economic rights of
the detainees, and many lives were lost unnecessarily. Some persons in
the camps were interrogated and subjected to torture. Suspected LTTE
cadres were removed to other facilities, with no contact with the
outside world, under conditions that made them vulnerable of further
abuses.
‘Despite grave danger in the conflict zone, the LTTE refused civilians
permission to leave, using them as hostages, at times even using their
presence as a strategic human buffer between themselves and the
advancing Sri Lanka Army. It implemented a policy of forced recruitment
throughout the war, but in the final stages greatly intensified its
recruitment of people of all ages, including children as young as
fourteen. The LTTE forced civilians to dig trenches for its own
defenses, thereby contributing to blurring the distinction between
combatants and civilians and exposing civilians to additional harm. All
of this was done in a quest to pursue a war that was clearly lost; many
civilians were sacrificed on the altar of the LTTE cause and its efforts
to preserve its senior leadership.
‘From February 2009 onwards, the LTTE started point-blank shooting of
civilians who attempted to escape the conflict zone, significantly
adding to the death toll in the final stages of the war. It also fired
artillery in proximity to large groups of internally displaced persons
(IDPs) and fired from, or stored military equipment near IDPs or
civilian installations such as hospitals. Throughout the final stages of
the war, the LTTE continued its policy of suicide attacks outside the
conflict zone. Even though its ability to perpetrate such attacks was
diminished compared to previous phases of the conflict, it perpetrated a
number of attacks against civilians outside the conflict zone.
‘Thus, in conclusion, the Panel found credible allegations that comprise
five core categories of potential serious violations committed by the
Government of Sri Lanka: (i) killing of civilians through widespread
shelling; (ii) shelling of hospitals and humanitarian objects; (iii)
denial of humanitarian assistance; (iv) human rights violations suffered
by victims and survivors of the conflict, including both IDPs and
suspected LTTE cadre; and (v) human rights violations outside the
conflict zone, including against the media and other critics of the
Government.
‘The Panel’s determination of credible allegations against the LTTE
associated with the final stages of the war reveal six core categories
of potential serious violations: (i) using civilians as a human buffer;
(ii) killing civilians attempting to flee LTTE control; (iii) using
military equipment in the proximity of civilians; (iv) forced
recruitment of children; (v) forced labour; and (vi) killing of
civilians through suicide attacks.’
The report states under ‘Accountability’.
‘Accountability for serious violations of international humanitarian or
human rights law is not a matter of choice or policy; it is a duty under
domestic and international law. These credibly alleged violations
demand a serious investigation and the prosecution of those responsible.
If proven, those most responsible, including Sri Lanka Army commanders
and senior Government officials, as well as military and civilian LTTE
leaders, would bear criminal liability for international crimes. . .’
Under ‘The Lessons Learnt and Reconciliation Commission’ the report
states: ‘In sum, the LLRC is deeply flawed, does not meet International
standards for an effective accountability mechanism and, therefore, does
not and cannot satisfy the joint commitment of the President of Sri
Lanka and the Secretary-General to an accountability process.’
Under ‘Other domestic mechanisms’ the report states: ‘The justice system
should play a leading role in the pursuit of accountability,
irrespective of functioning or outcomes of the LLRC. However, based on a
review of the system’s past performance and current structure, the
Panel has little confidence that it will serve justice in the present
political environment.
‘This is due more to a lack of political will than to lack of ability.
In particular, the independence of the Attorney-General has been
weakened in recent past, as power has been more concentrated in the
Presidency. Moreover, the continuing constitution of Emergency
Regulations, combined with the Prevention of Terrorism Act in its
present form, present a significant obstacle for the judicial system to
be able to address official wrongdoing while upholding human rights
guarantees. Equally, the Panel has seen no evidence that the military
courts system has operated as an effective accountability mechanism in
respect of the credible allegations it has identified or other crimes
committed in the final stages of the war.’
Under ‘Recommendations’ the report states on ‘Recommendation 1:
Investigations
‘A. In light of the allegations found credible by the Panel, the
Government of Sri Lanka, in compliance with its international
obligations and with a view to initiating an effective domestic
accountability process, should immediately commence genuine
investigations into these and other alleged violations of the
international humanitarian and human rights law committed by both sides
involved in the armed conflict.
‘B. The Secretary-General should immediately proceed to establish an
independent international mechanism, whose mandate should include the
following concurrent functions:
‘(i) Monitor and assess the extent to which the Government of Sri Lanka
is carrying out an effective domestic accountability process, including
genuine investigations of the alleged violations, and periodically
advise the Secretary-General on its findings;
‘(ii) Conduct investigations independently into the alleged violations,
having regard to genuine and effective domestic investigations; and
‘(iii) Collect and safeguard for appropriate future use information
provided to it, which is relevant to accountability for the final stages
of the war, including the information gathered by the Panel and other
bodies in the United Nations system.
‘Recommendation 2: Other measures to advance accountability
‘A. The Government of Sri Lanka should implement the following
short-term measures, with a focus on acknowledging the rights and
dignity of all of the victims and survivors in the Vanni:
‘(i) End all violence by the State, its organs and all paramilitary and
other groups acting as surrogates of or tolerated by, the State;
‘(ii) Facilitate the recovery and return of human remains to their
families and allow for the performance of cultural rites for the dead;
‘(iii) Provide death certificates for the dead and missing,
expeditiously and respectfully, without charge, when requested by family
members, without compromising the right to further investigations and
civil claims;
‘(iv) Provide or facilitate psycho-social support for all survivors,
respecting their cultural values and traditional practices;
‘(v) Release all displaced persons and facilitate their return to their
former homes or provide for resettlement, according to their wishes; and
‘(vi) Continue to provide interim relief to assist the return of all
survivors to normal life.
‘B. The Government of Sri Lanka should investigate and disclose the fate
and location of persons reported to have been forcibly disappeared. In
this regard, the Government of Sri Lanka should invite the Working Group
on Enforced and Involuntary Disappearances to visit Sri Lanka.
‘C. In light of the political situation in the country, the Government
of Sri Lanka should undertake an immediate repeal of the Emergency
regulations and modify all those provisions of the Prevention of
Terrorism Act that are inconsistent with Sri Lanka’s international
obligations, and take the following measures regarding suspected LTTE
members and all other persons held under these and other provisions:
‘(i) Publish the names of all of those currently detained, whatever the
location of their detention, and notify them of the legal basis of their
detention;
‘(ii) Allow all detainees regular access to family members and to legal
counsel;
‘(iii) Allow all detainees to contest the substantive justification of
their detention in court;
‘(iv) Charge those for whom there is sufficient evidence of serious
crimes and release all others, allowing them to reintegrate into society
without further hindrance.
‘D. The Government of Sri Lanka should end state violence and other
practices that limit freedoms of movement, assembly and expression, or
otherwise contribute to a climate of fear.’
Further ‘B. The Government of Sri Lanka should issue a public, formal
acknowledgement of its role in and responsibility for extensive civilian
casualties in the final stages of the war.
‘C. The Government of Sri Lanka should institute a reparations
programme, in accordance with international standards, for all victims
of serious violations committed during the final stages of the war, with
special attention to women, children and particularly vulnerable
groups.’
