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Justice Delayed, Justice Denied? the Search for Accountability for Alleged Wartime Atrocities Committed in Sri Lanka
Pace International Law Review Volume 33 Issue 2 Spring 2021 Article 3 May 2021 Justice Delayed, Justice Denied? The Search for Accountability for Alleged Wartime Atrocities Committed in Sri Lanka Aloka Wanigasuriya University of Copenhagen, Faculty of Law Follow this and additional works at: https://digitalcommons.pace.edu/pilr Part of the Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Law and Politics Commons, and the Military, War, and Peace Commons Recommended Citation Aloka Wanigasuriya, Justice Delayed, Justice Denied? The Search for Accountability for Alleged Wartime Atrocities Committed in Sri Lanka, 33 Pace Int'l L. Rev. 219 (2021) Available at: https://digitalcommons.pace.edu/pilr/vol33/iss2/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact [email protected]. JUSTICE DELAYED, JUSTICE DENIED? THE SEARCH FOR ACCOUNTABILITY FOR ALLEGED WARTIME ATROCITIES COMMITTED IN SRI LANKA Aloka Wanigasuriya* TABLE OF CONTENTS I. Introduction .......................................................................... 221 II. National Action ..................................................................... 223 A. National Mechanisms............................................... 223 1. Human Rights Commission of Sri Lanka (HRCSL) .............................................................. -
Report of the OHCHR Investigation on Sri Lanka (OISL)* **
A/HRC/30/CRP.2 Advance Version Distr.: Restricted 16 September 2015 English only Human Rights Council Thirtieth session Agenda item 2 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Report of the OHCHR Investigation on Sri Lanka (OISL)* ** * Reproduced as received ** The information contained in this document should be read in conjunction with the report of the Office of the United Nations High Commissioner for Human Rights- Promoting reconciliation, accountability and human rights in Sri Lanka (A/HRC/30/61). A/HRC/30/CRP.2 Contents Paragraphs Page Part 1 I. Introduction ............................................................................................................. 1–13 5 II. Establishment of the OHCHR Investigation on Sri Lanka (OISL), mandate and methodology ............................................................................................................. 14–46 7 III. Contextual background ........................................................................................... 47–103 12 IV. Overview of Government, LTTE and other armed groups...................................... 104–170 22 V. Legal framework ..................................................................................................... 171–208 36 Part 2– Thematic Chapters VI. Unlawful killings ..................................................................................................... 209–325 47 VII. Violations related to the -
Report of the Secretary-General's Panel Of
REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA 31 March 2011 REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA Executive Summary On 22 June 2010, the Secretary-General announced the appointment of a Panel of Experts to advise him on the implementation of the joint commitment included in the statement issued by the President of Sri Lanka and the Secretary-General at the conclusion of the Secretary-General’s visit to Sri Lanka on 23 March 2009. In the Joint Statement, the Secretary-General “underlined the importance of an accountability process”, and the Government of Sri Lanka agreed that it “will take measures to address those grievances”. The Panel’s mandate is to advise the Secretary- General regarding the modalities, applicable international standards and comparative experience relevant to an accountability process, having regard to the nature and scope of alleged violations of international humanitarian and human rights law during the final stages of the armed conflict in Sri Lanka. The Secretary-General appointed as members of the Panel Marzuki Darusman (Indonesia), Chair; Steven Ratner (United States); and Yasmin Sooka (South Africa). The Panel formally commenced its work on 16 September 2010 and was assisted throughout by a secretariat. Framework for the Panel’s work In order to understand the accountability obligations arising from the last stages of the war, the Panel undertook an assessment of the “nature and scope of alleged violations” as required by its Terms of Reference. The Panel’s mandate however does not extend to fact- finding or investigation. -
5Th Update on 07 October 2020
5th update on 07 October 2020 Appointment of former or serving military personnel to civilian administration posts , Presidential Task Forces and other Commissions and Committees (Information available in the Public Domain) Institution/ Task Force/ Designation Name Date of Regiment Committee appointment 01 Ministry of Defence Secretary to the (Rtd) Major General Kamal November 2019 Gajaba Ministry of Gunaratne Defence 02 Telecommunications Chairman (Rtd) Major General Kamal December 2019 Gajaba Regulatory Commission Gunaratne 03 Sri Lanka Ports Authority Chairman (Rtd) Major General Daya November 2019 Infantry Rathnayake 04 Sri Lanka Customs Director General (Rtd) Major General Vijitha February 2020 Artillery Ravipriya 05 Lotus Tower Chief Manager (Rtd) Major General Prasad February 2020 Engineering Samarasinghe 06 State Intelligence Services Chief Brigadier Suresh Sallay December 2019 Military Intelligence Corps 07 Airport and Aviation Chairman (Rtd) Major General G.A. December 2019 Armored Corps Services Chandrasiri 08 Chairman Gajaba 1 Consumer Protection (Rtd) Major General Mr. Authority D.M.S. Dissanayaka 09 Disaster Management Director General (Rtd) Major General January 2020 Engineering Centre Sudantha Ranasinghe 10 National Operation Centre Head Lieutenant General March 2020 Gajaba for Prevention of COVID- Shavendra Silva, 19 outbreak Commander of Sri Lanka Army and Acting Chief of Defence Staff 11 Poverty eradication and Member (Rtd) Major General January 2020 Gajaba Livelihood Development Sumedha Perera Task Force1 12 Economic -
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I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2020'12'31 1A PART I : SEC. (I) - GAZETTE EXTRAORDINARY OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA - 31.12.2020 Y%S ,xld m%cd;dka;%sl iudcjd§ ckrcfha .eiÜ m;%h w;s úfYI The Gazette of the Democratic Socialist Republic of Sri Lanka EXTRAORDINARY wxl 2208$33 - 2020 foieïn¾ ui 31 jeks n%yiam;skaod - 2020'12'31 No. 2208/33 - THURSDAY, DECEMBER 31, 2020 (Published by Authority) PART I : SECTION (I) — GENERAL Proclamations & C., by the President Seal GOTABAYA RAJAPAKSA PRESIDENTIAL DIRECTIVE ESTABLISHMENT of a Presidential Task Force for National Deployment and Vaccination Plan for COVID-19 Vaccine in accordance with the powers vested in HIS EXCELLENCY THE PRESIDENT by Article 33 of the Constitution of Democratic Socialist Republic of Sri Lanka. To :- 1. Lalith Weeratunga Esquire Principal Advisor to the President 2. Major General Dr. Sanjeewa Munasinghe Esquire Secretary, Ministry of Health 3. Dr. Amal Harsha de Silva Esquire Secretary, State Ministry of Primary Health Care, Epidemics and COVID Disease Control 4. K. R. Uduwawala Esquire Secretary, State Ministry of Production, Supply and Regulation of Pharmaceuticals 5. General Shavendra Silva Esquire Commander, Sri Lanka Army /Head of the COVID – 19 Task Force 6. Dr. Prasanna Gunasena Esquire Chairman, State Pharmaceuticals Corporation 7. Dr. Anuruddha Padeniya Esquire Pediatric Neurologist / President, Government Medical Officers’ Association 8. Dr. Asela Gunawardena Esquire Director General of Health Services 1A- G 33462 — 380 (01/2021) This Gazette Extraordinary can be downloaded from www.documents.gov.lk 2A I fldgi ( ^I& fPoh - YS% ,xld m%cd;dka;s%l iudcjd§ ckrcfha w;s úfYI .eiÜ m;%h - 2020'12'31 PART I : SEC. -
CPJ’S Impunity Index for the Killing of Journalists
Fact Sheet Report: Increased Attacks on Journalists in Sri Lanka & Continuing Impunity On February 9, 2021 the Center for Justice and Accountability released a report on the current crisis of impunity for violence against journalists in Sri Lanka, with input from the Committee to Protect Journalists. A decade ago, the Sri Lankan government under President Mahinda Rajapaksa undertook a systematic and deadly campaign to silence journalists and repress freedom of expression. In 2014, Sri Lanka ranked among the top ten countries on CPJ’s impunity index for the killing of journalists. Today, impunity for those attacks has given rise to a new wave of repression under the new administration of President Gotabaya Rajapaksa. Human rights and freedom of expression are again rapidly deteriorating: individuals investigating attacks on journalists in Sri Lanka have been arrested or forced to flee the country, and journalists are again forced to choose between exile and self-censorship. The Human Rights Council, set to convene this month, has the opportunity to vote on a new resolution to promote accountability and take action to ensure greater protection of journalists in Sri Lanka. Ongoing Impunity in Sri Lanka for State Sponsored Violence Against Journalists ● From 2005 to 2015, Mahinda Rajapaksa’s administration launched an assault on the free press, targeting journalists critical of the government and its security forces. The Ministry of Defense, led by then-Secretary of Defense Gotabaya Rajapaksa, implemented this campaign through its “white van commandos,” a team of special operatives that used white vans to kidnap and murder journalists, and the “Tripoli Platoon,” a clandestine unit within the Military Intelligence Division that surveilled and attacked journalists. -
(DFAT) Country Information Report on Sri Lanka of 4 November 2019
July 2020 Comments on the Australian Government Department of Foreign Affairs and Trade’s (DFAT) Country Information Report on Sri Lanka of 4 November 2019 Contents About ARC ................................................................................................................................... 2 Introductory remarks on ARC’s COI methodology ......................................................................... 3 General methodological observations on the DFAT Country report on Sri Lanka ............................ 5 Section-specific observations on the DFAT Country report on Sri Lanka ....................................... 13 Economic Overview, Economic conditions in the north and east ........................................................ 13 Security situation, Security situation in the north and east ................................................................. 14 Race/Nationality; Tamils ....................................................................................................................... 16 Tamils .................................................................................................................................................... 20 Tamils: Monitoring, harassment, arrest and detention ........................................................................ 23 Political Opinion (Actual or Imputed): Political representation of minorities, including ethnic and religious minorities .............................................................................................................................. -
1 in the United States District Court for the Southern
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK ) ) FIRST ) COMPLAINT FOR ) TORTURE, ) CRUEL, ) INHUMAN, DEGRADING TREATMENT, ) INTENTIONAL ) INFLICTION OF EMOTIONAL ) DISTRESS, NEGLIGENCE, AND ) WRONGFUL DEATH ) ) VATHSALA DEVI ) ) and SEETHARAM SIVAM ) ) PLAINTIFFS, ) ) JURY TRIAL DEMANDED ) v. ) ) SHAVENDRA SILVA, ) ) DEFENDANT. ) INTRODUCTION Ethnic conflict has plagued Sri Lanka, a small island nation off the coast of India, since the country gained independence from Great Britain in 1948. The island is composed predominantly of two ethnic communities: the Sinhalese majority and the Tamil minority. After the end of colonial rule, the Sinhalese rose to power and manipulated ethno-religious nationalism for political gain at the expense of the Tamil minority. The government passed laws to privilege the Sinhalese in education and employment, declared Sinhalese the national language, and 1 enshrined Buddhism in governance. In effect, the government created an unofficial apartheid regime that kept Tamils from achieving parity in any aspect of Sri Lankan public or private life. For two decades after independence, Tamils peacefully sought equality under the law. Civil war officially began in 1983 after state-sponsored attacks—now infamously known as “Black July”—resulted in the deaths of over 3,000 innocent Tamils. With government support, attackers bombed Tamil homes, looted businesses, raped, tortured, and killed Tamil women, and destroyed religious structures and other cultural landmarks. Confronted, however, by state violence and exclusion, some Tamils resorted to armed struggle to create a separate homeland for Tamils in the North and East. This armed struggle was eventually led by the Liberation Tigers of Tamil Eelam (LTTE). The Sri Lankan government and the LTTE committed widespread violations of international law throughout the conflict. -
ECCHR Dossier Major General Jagath Dias
_ EUROPEAN CENTER FOR CONSITUTIONAL AND HUMAN RIGHTS e.V. _ ZOSSENER STR. 55-58 AUFGANG D 10961 BERLIN, GERMANY _ PHONE +49.(030).40 04 85 90 FAX +49.(030).40 04 85 92 MAIL [email protected] WEB WWW.ECCHR.EU ECCHR Dossier Major General Jagath Dias Deputy Ambassador to Germany, Switzerland and Vatican State, Embassy of Sri Lanka, Niklasstraße 19, 14163 Berlin, Germany Allegations of War Crimes committed by the 57 Division of Major General Dias in Northern Sri Lanka between April 2008 and May 2009 Berlin, January 2011 PURL: https://www.legal-tools.org/doc/cac228/ Introduction On 19 May 2009 the decades-long armed conflict between the Sri Lankan Government and the Liberation Tigers of Tamil Eelam (LTTE) officially ended with the complete military defeat of the LTTE. The last phase of the armed conflict (so called Eelam War IV) began on 26 July 2006, when the Sri Lanka Air Force attacked LTTE positions near Mavil Aru. The last months of the conflict, during which the Sri Lanka Army Divisions and Task Forces advanced in formerly LTTE-held territory, beginning with the battle at Kilinochchi in December 2008, were particularly damaging to the remaining civilian population. Civilians were subjected to indiscriminate shelling attacks, enforced displacement, shortage of water, food and medical materials and no adequate shelter. UN Secretary General Ban Ki-moon spoke about the “unacceptably high” numbers of civilian casualties in the conflict on 1 June 2009.1 In a secret cable sent by the US Embassy Colombo on 15 January 2010, responsibility for the commission of war crimes is given to “the country‟s senior civilian and military leadership, including President Rajapaksa and his brothers and opposition candidate General Fonseka”. -
SRI LANKA COUNTRY of ORIGIN INFORMATION (COI) REPORT COI Service
SRI LANKA COUNTRY OF ORIGIN INFORMATION (COI) REPORT COI Service 4 July 2011 SRI LANKA 4 JULY 2011 Contents Preface Latest News EVENTS IN SRI LANKA FROM 2 TO 27 JUNE 2011 Useful news sources for further information REPORTS ON SRI LANKA PUBLISHED OR ACCESSED BETWEEN 2 TO 27 JUNE 2011 Paragraphs Background Information 1. GEOGRAPHY ............................................................................................................ 1.01 Map ........................................................................................................................ 1.06 Public holidays ..................................................................................................... 1.07 2. ECONOMY ................................................................................................................ 2.01 3. HISTORY .................................................................................................................. 3.01 Key political events (1948 to December 2010) ............................................... 3.01 The internal conflict (1984 to May 2009) ......................................................... 3.15 Government treatment of (suspected) members of the LTTE ........................ 3.28 The conflict's impact: casualties and displaced persons ................................ 3.43 4. RECENT DEVELOPMENTS ........................................................................................... 4.01 Key recent developments (January – May 2011) ........................................... 4.01 Situation -
Kamal Gunaratne Secretary of Defence Sri Lanka
KAMAL GUNARATNE SECRETARY OF DEFENCE SRI LANKA Dossier December 2019 1 MAJOR GENERAL (RET.) GABADAGE DON HARISCHANDRA KAMAL GUNARATNE 53 Division Commander in 2009 Currently Secretary of Defence and Sri Lankan Army Reserve Force. 2 SUMMARY Sri Lanka’s new secretary of defence commanded one of the most important military divisions in the 2009 war in the Vanni when the United Nations says there are reasonable grounds to say war crimes were committed by the men under his command. It is noteworthy that though appointed to a civilian post, he received a military parade at his inauguration1 and remains in the Army’s Reserve Force2. He went on to run Sri Lanka’s most notorious army torture camp in Vavuniya for 18 months after the war at a time of mass detention. The ITJP has documented ten accounts of torture and/or sexual violence committed by soldiers against detainees in that period and this is likely the tip of the iceberg. There is no way as the camp commander he could not have known about detention there – this was not a legal detention site but contained purpose-built cells equipped for torture. Kamal Gunaratne was also in charge post-war of internally displaced people – this was the illegal detention of 282,000 Tamil civilians who survived the war in Manik Farm and other sites. He also appears to have been involved in screening IDP’s for suspected ex combatants and putting them in the government’s “rehabilitation programme” which constituted wrongful detention according to the UN3. After the war as a diplomat, Gunaratne is alleged to have been involved in a murder in the Embassy in Brazil when posted there. -
Statement by His Excellency Major General Shavendra Silva Ambassador and Chargé Dʹaffaires of Sri Lanka to the United Nations in New York
Statement by His Excellency Major General Shavendra Silva Ambassador and Chargé dʹAffaires of Sri Lanka to the United Nations in New York FORTY‐SIXTH SESSION OF THE COMMISSION ON POPULATION AND DEVELOPMENT New York, 22nd April 2013 Mr. Chairman, Let me congratulate you on your appointment to this important Committee. We hope that this session on the theme “New trends in migration: demographic aspects” would provide a comprehensive framework, including useful inputs, for the second High Level Dialogue on International Migration and Development, to be held in the UN General Assembly this year. My delegation notes with appreciation the report of the Secretary‐ General on this theme, which provides valuable information and serves as a guide for our deliberations during the session. Sri Lanka associates itself with the statement delivered by Fiji, on behalf of the Group of 77 and China. Mr. Chairman, Migration is not a new phenomenon and it has been the human experience since the beginning of civilization. Some humans moved voluntarily while others were coerced to move to new lands. Today, it has become an issue because of national boundaries, restrictions on free movement, economic circumstances as well as climate change. Globalization, particularly the eased travel, connectivity induced by communication technologies, economic opportunities and political circumstances, had created many reasons for citizens to cross national boundaries ‐ both legally and illegally. We must not forget that many developed economies of today were built by the contributions of such migrants. Migration of transnational workers has shown a remarkable increase and is continuing. Therefore, it is imperative to consider a set of broader development objectives.