by International Truth & Justice Project Sri Lanka, South Africa, March 2017 via UPR-info.org
ABOUT THE INTERNATIONAL TRUTH AND JUSTICE PROJECT (ITJP1)
The ITJP was established in December 2013 in response to emerging evidence regarding war crimes
and crimes against humanity committed in Sri Lanka both during the final phase of the civil war in
2009 and its aftermath. The project is administered by the Foundation for Human Rights in South
Africa under the guidance of its director, transitional justice expert, Yasmin Sooka. The ITJP team
includes former prosecutors and investigators from the Ad Hoc Tribunal for the Former Yugoslavia
(ICTY) and Rwanda [ICTR], lawyers who have worked for the South African Truth and Reconcilliation
Commission, the Timor-Leste Commission, the United Nations, the Special Court of Sierra Leone
and the International Criminal Court who collectively have decades of experience in investigation of
sexual violence and torture, and in many instances firsthand knowledge of investigations relating to
Sri Lanka. The ITJP documents and gathers evidence outside the country from victims who leave Sri
Lanka….
10. Conclusion
The UN Investigation into Sri Lanka13 described the modus operandi of “white van” abductions and established that “incidents
of sexual violence were not isolated acts but part of a deliberate policy to inflict torture” by the security forces. Nothing has
been done by the new Government to break this culture of impunity, even when a torture site first identified by the ITJP was
corroborated by a visiting WGEID team14. After more than 2 years in office, the Government’s failure to investigate past
allegations makes it complicit in the continuation of the violations15.
There has also been no attempt to vet public officials despite the commitment in UNHRC Resolution 30/1 to do this16. As the
ITJP’s reports show, alleged perpetrators have been sent abroad as diplomats and members of delegations to UN
committees17.
Based on hundreds of detailed witness statements, the ITJP has identified several alleged perpetrators (direct and in positions
of command responsibility) and torture sites, but there is still regrettably no credible witness protection mechanism for
witnesses and victims inside or outside the country to testify, be it to a truth commission or court18.
The Government’s defence regarding its failure to investigate has been to say wait for the special court to be set up. However it
is now clear the Prime Minister and President have no intention of establishing a hybrid court as the Foreign Minister promised
in Geneva in September 2015. The President has reassured the security forces in person and in public that not one of them will
be charged with human rights violations, which reinforces the culture of impunity. The UN High Commissioner for Human Rights
has made it clear another domestic mechanism will not have the trust of victims after so many have failed to deliver justice.
Some Recommendations for the UPR Process to Ask of Sri Lanka:
1.
Independent Investigation
Establish an independent credible investigation with international investigators, using best comparative experiences such
as CICIG in Guatemala, to assist the Government with investigations of past and current system crimes as well as provide
the technical support to establish a new independent investigative unit systematically to investigate, vet and screen
alleged perpetrators in the security forces.
2. Vetting and Screening
2.1 Civilian Vetting and Screening Body
Establish an independent credible civilian body to carry out vetting and screening of public employees and security
officials, as agreed in Resolution 30/1 in October 2015.
2.2 Recall and investigate diplomats, such as Ambassador Jagath Jayasuriya in Brazil, against whom there are allegations of
complicity in torture.
2.3 Suspend and investigate public and security officials named in the OISL report in command of units alleged to have
committed violations, such as inter alia Mr. Sisira Mendis [ex CID DIG at the climax of the war], who now holds a senior
intelligence position.
3. Witness Protection
3.1 Strengthen witness protection legislation, as agreed in Resolution 30/1, to align with international standards.
3.2 Immediately suspend members of the witness protection National Authority against whom there are allegations of
wrongdoing or interference pending an inquiry and replace them with independent figures who have been properly vetted
and have demonstrated a commitment to human rights.
4. Testifying from Abroad
Amend the rules for witnesses who would like to testify from abroad either through video or other means such as letters
rogatory in order to ensure that key witnesses abroad do not have to enter a Sri Lankan embassy to give evidence and can
instead testify to courts and commissions through the aforesaid mechanisms, that do not expose them and their families in
Sri Lanka to reprisals.
ends