International Truth & Justice Project:

Forgotten: Sri Lanka’s exiled victims

June 2016 Index: Interviewee profile:

Acknowledgements...... 9

Part 1: Findings

Introduction...... 10 Methodology...... 15 Background...... 18 Violations ...... 20 Views on Sri Lanka’s ...... 42 Transitional Justice Process Summary...... 58

Part 2: Analysis

Transitional Justice...... 64 Application of Transitional ...... 67 Justice in Sri Lanka in the Context of a Military Victory Perspectives on Trust...... 69 Acknowledgement of Crimes...... 70 National Consultations...... 71

Perspectives of Interviewees on Transitional Justice...... 73 Perspectives on Justice...... 74 Perspectives on Truth Recovery...... 75 Perspectives on Criminal Justice Process...... 76 Perspectives on the Missing...... 79 and the Disappeared Sequencing...... 81 Building complementarity...... 82 and linkages between Transitional Justice Mechanisms Reparations...... 83 Memorialization...... 84 Perspective on Testimony...... 85 of Exiles before Transitional Justice Mechanism from outside of the Country

Conclusion...... 86

2 Recommendations...... 89 Photograph: Amarathaas 3 Out of 75

55 20 60 59 58

Male Female Home Destroyed in War Loss of Property Grave of family member second line in war desecrated

Out of 69

50 6 38 26 12

Tortured Tortured on Multiple Detained in an IDP camp Injured in Final War Injured in Final War and Occasions Previous Phase

19 8 12 44

Rehabilitated Jailed Detained in Army Camp Threats of Death

35 34 37

Detained in Secret Abducted in White Sexually Violated Camp Van 4 xx5 Findings

Photograph: Amarathaas

6 7 The International Acknowledgements: Truth and Justice Project: Yasmin Sooka

This is a project run by the Working Group on Enforced and I would like primarily to thank this project. They were far more and inputting the answers Foundation for Human Rights, Involuntary Disappearance. ITJP the people who came forward than interpreters, spending into software to calculate. She one of the primary indigenous now has the largest archive of to participate in this exercise. energy on translating and worked incredibly hard and grant-makers to the human witness testimony and other We did not delve into the detail patiently explaining, again and with great diligence and care in rights sector in South Africa. evidence outside Sri Lanka of episodes of torture and again, new concepts to the executing the task. ITJP is comprised of human pertaining to the final phase sexual violence – especially since people we interviewed. They also rights experts, international of the conflict and post-war ITJP had already documented faced the impossible task of I would like to acknowledge the prosecutors and investigators torture and sexual violence. many of the cases – but it was trying to render into English the work of Frances Harrison who and transitional justice experts still difficult for interviewees to horror of what survivors in this is indefatigable, energetic and who have worked in the past for The executive director of the reflect upon the totality of their report witnessed and endured. devoted to the cause of justice the United Nations, ICTY and Foundation and ITJP is a leading experiences and what might All of the interpreters worked and accountability for the the ICC. In 2014 ITJP was the first transitional justice expert, amount to justice for their for the UN or international victims of the war in Sri Lanka organisation to make the case Yasmin Sooka. She is a former immense suffering. As soon as NGOs in the and lost who lived through the atrocities. that post war torture and sexual member of the South African interviewees started to answer everything they possessed in Without her this project would violence by the security forces in & the Sierra Leone Truth and questions about the final phase 2009. At times it was extremely not exist. Her boundless energy Sri Lanka amounted to a prima Reconciliation Commissions of the war, they would recount difficult for them to relive the in ensuring that the stories of facie case of crimes against and was a legal advisor to horrific images – the stuff quite events because of the personal victims are told is a testament humanity. That finding was later Ban Ki moon on Sri Lanka. She literally of their nightmares. trauma they carry. They were to her commitment. upheld by the UN investigation was the Soros inaugural Chair Participating in this process was always professional in the in 2015. In 2015 we were the first at the School of Public Policy a brave thing to do. Though extreme and we salute their There are many lawyers who to publish the GPS location of and recently sat on the Panel many were skeptical about the brave determination to carry on ensure that the victims are a secret naval torture site in Sri investigating sexual violence by exercise at the outset, by the serving their people even in exile. accessed and their stories told; Lanka, which was later visited French peacekeeping troops in end of the interviews several too many to thank individually. and corroborated by the UN the Central African Republic. said they were happy that we One interviewer did the vast However without them it would had solicited their views. The majority of the work. It took not be possible to do this work. mere act of being consulted was enormous patience and stamina I would like to thank them for imbued with significance for to conduct so many interviews their commitment to working people who are so marginalized in a short space of time and she with us. and isolated. I remain convinced showed great sensitivity and that the ultimate test of humanity in dealing with people To our funders a big thank you. the credibility of Sri Lanka’s who are still very damaged by transitional justice experiment what they’ve endured. We could will be whether these victims not have chosen anyone better will one day be able to testify to conduct this exercise. in safety. Paaras Abbas tabulated all the I offer my profound thanks to data for this report, valiantly the Tamil interpreters involved in reading through all the forms 8 9 the people interviewed for this even tangentially associated 2015 and 2016, which resulted study. On the contrary, the fact with the former armed insurgent in the victims being tortured Introduction: that these interviewees are group, the Liberation Tigers of and/or sexually violated3. geographically sited in Europe Tamil , or LTTE. Recent press reports from does not make them any less Sri Lanka have focused on authentic, credible or worthy of 72% were LTTE members; what is described as the “re- justice and reparations. more than a quarter (27%) of emergence” of the “white van This Study those were child soldiers. culture”. In reality the practice This consultation was conducted never stopped. The fact that This is a consultation exercise in four countries with 75 Tamils As is usual with ex-combatants abduction and torture has that has focused on survivors most of whom recently fled Sri in other post-war contexts, it continued under the new of the conflict in Sri Lanka Lanka for Europe. would be impossible for them government was corroborated that ended in May 2009 and to participate openly and by the Special Rapporteur, Juan the post-conflict period. It is 80% are survivors of the final frankly in a consultation exercise Mendez, who visited Sri Lanka in not a diaspora consultation phase of the war. inside Sri Lanka. They could be May 20164. although there is definitely subject to arrest, detention or a need to conduct such an 73% say they were tortured in equally violent reprisals. While Aside from abductions, it is exercise. These recent arrivals the post-war period. reconciliation is an important widely acknowledged that are not integrated into the goal of a transitional justice there is continuing harassment, Tamil communities abroad; These are some of the Tamils process it is not seen as a surveillance, intimidation indeed several fear mixing with worst affected by the alleged priority if you have won the war. and questioning of the Tamil other Tamils because they are war crimes and crimes population of the North East sexual violence survivors or have against humanity in Sri Lanka The ITJP decided to conduct by the security forces, and in family still in the north east enumerated in several United these consultations in particular former LTTE cadres of Sri Lanka facing continued Nations reports. They also accordance with the OHCHR who have gone through harassment. These victims live represent the most marginalised Rule of Law Tools for Post- so-called rehabilitation are in limbo, neither rooted in their whose views and experiences are Conflict States, National under scrutiny, according to country of exile nor at home not solicited at all. consultations on transitional interviewees. One of the reasons in their own country. Their justice1, with exiled victims as the interviewees spoke to us experience of the final and Almost all these interviewees this consultation exercise may individually and under strict most bloody phase of the war were forced to leave Sri Lanka well be the only opportunity condition of anonymity was fear sets them apart from other following the end of the civil war for them to have a voice in for their family members still in members of the Tamil diaspora in 2009. Significantly nearly half determining the future of their Sri Lanka. who came after the 1983 anti- fled their country in or after 2012 country. The consultation has Tamil pogrom, for example, and – several years after the war was provided an opportunity to It is probable that Tamil victims are now well established in their supposed to be over. A quarter these victims to speak about the who are eyewitnesses to some new countries. of those we interviewed had horror they witnessed during the of the worst atrocities cannot been through the Government’s war and during the post-conflict speak freely to a national There is a tendency inside Sri rehabilitation programme for period. It also incorporates their consultation process inside Sri Lanka to dismiss all victims former LTTE cadres but had views on future transitional Lanka; as a result an external outside the country as “diaspora found it impossible to survive in justice mechanisms. To our consultation process becomes victims”, implying they are the country after being released; knowledge, this is only the third all the more important in filling politically motivated by diaspora in some cases they were time that such a consultation that gap. groups and detached from abducted and detained again. process has been conducted recent events in Sri Lanka. Many of the victims in this study outside a country2. Alternatively, external victims are intimately connected to are dismissed as “asylum recent events on the ground – Ongoing Violations seekers”, insinuating that they some having fled their homes are really people only after a in 2015, only 6 months prior to ITJP has evidence of 23 better economic livelihood. being interviewed. This speaks to abductions by the notorious Neither assumption is correct the ongoing persecution by the “white vans” used by the Sri or acceptable in the case of security forces of those Tamils Lankan security forces during 10 11 Victims Consulted Asylum status continued:

54 15 11

LTTE civilians Asylum detention (detained for a period of time in the country of exile)

Age LTTE Recruits (54 in total)

25 21 15 38 6 10

Under 30 Under 40 Under 50 Voluntary Conscripted (Under the one family Forced one child policy of the LTTE)

Age Recruited to LTTE :

(Information available only for 52 of 54 people. 11 joined “voluntarily” and 4 were forced) 6 15

Over 50 Child soldiers (Defined as 17 years or younger)

Asylum Status

34 1 34 34 12 5

Pending Undocumented Granted With Relatives in With 2+ Relatives Relatives who were LTTE in LTTE Forced Recruits 12 13 Year left Sri Lanka Years left the first time second time Methodology:

Interviews any other identifying details it were safe for them to return removed for purposes of witness in a couple of years’ time, there This report is based on the views protection. In two cases the was no guarantee it would of 75 people. We conducted interviews had to be abandoned remain safe in the future. If the 66 confidential individual before they were completed as government changed or the interviews with Sri Lankan thinking and talking about their security situation was altered it Tamils, a group interview with 3 experiences had so traumatised was liable hey could to be picked additional people, as well as a or stressed the interviewee. up and tortured again. pilot group session involving 6 An assessment of the level of people. 26% of those consulted trauma and offering to curtail Locations were women and 74% men. the interview was an element We tried to encourage more of the methodology. In the — London: 41 participation of women but UK we have tried to follow up found that women overall found by endeavouring to source — Switzerland: 21 it more difficult to be available. help that is needed, such as (15 individuals plus 6 in All but one of the interviewees access to urgent medical care, pilot group session) in the UK have before this trauma counselling and English consultation, provided the ITJP language classes. The needs we — France: 9 with detailed testimony, which have identified are immense has been corroborated by other and require serious and in some — Norway: 4 evidence. This was not the case cases urgent attention. (1 individual plus 3 in for most of the interviewees in a group session) other European countries. The Pilot questionnaires were completed Target Group by the interviewer in English and A pilot focus group discussion the interviews conducted in a was conducted in Switzerland at We prioritised people who are quiet safe space. Interviewees the outset of the exercise. This survivors of the final phase of were given sufficient opportunity involved former humanitarian the war in Sri Lanka (2008-9) to add their views if the workers from the Vanni. We and/or post-war detention questions asked did not fully showed them informative films and torture. Most had arrived capture them. about other conflict countries abroad after the end of the in transition but the sight of the war in Sri Lanka however we did Risks suffering proved too distressing for them. During the pilot The identity of the interviewees session in Switzerland, several has been kept confidential with people pointed out that even if 14 15 speak to a few survivors who included former cadres from the person during the interview. did not want to participate left Sri Lanka earlier but were Radha, Sothiya, Imran Panidyan because they objected to affected. We tried to achieve and Malathy regiments as well This information the role of the international a representative sample of as the Intelligence Wing. The pack included: community in supporting the people of all age groups and in non-combat units included transitional justice process in particular to include women. the LTTE Media Unit, the TV — A 4-page summary of Sri Lanka. While we did want We also deliberately chose to station, the Political Wing, the OHCHR Investigation to ensure the consultations interview in 4 different European the Peace Secretariat, the into Sri Lanka (OISL) were inclusive, it is important countries. While we did not International Secretariat, the report (September 2015). to recognize the right of the factor in whether someone had Medical Wing, the Transport individual not to participate in been granted asylum or not as a Unit, the Computer section and — A glossary explaining some consultations as this criteria for selection as it turned Education Section. of the legal and right too is recognized under out half of the interviewees Those who were not members Transitional Justice terms international law. already had asylum. The group of the LTTE were either in this summary. includes 54 people who were still at school or university, Women were difficult to access LTTE cadres, of various different or were in some cases — A translation of the because many are single levels of seniority. More than a housewives, photographers, Sri Lankan Foreign mothers whose husbands have quarter of these former LTTE teachers, accountants, office Minister’s Speech to the been disappeared and they were cadres had been child soldiers administrators, farmers, Human Rights Council in struggling with juggling work and many others had been businessmen or fishermen. September 2015 outlining and childcare and simply did not conscripted under the official the country’s transitional have the time for this exercise. “one family one child” policy in Language justice plan5. the final phase of the war or Data Tabulation forcibly recruited. Fifteen of the Two internationals conducted all — A summary chart visually interviewees were civilians, in the face-to-face interviews with showing the Government’s The questionnaire we used addition to the 6 people in the the help of Tamil interpreters, proposed mechanisms. mixed multiple choice questions, Swiss pilot group. though in a few cases the open questions, ranking interviews were conducted in — The consensus UN questions and provided space Those LTTE cadres whom we English or Norwegian directly, Resolution on Sri Lanka for comments, resulting in both interviewed belonged to a without the aid of an interpreter. passed in October 2015. quantitative and qualitative combination of combat and data. Some multiple-choice support units. The combat units Preparation — A copy of the questions asked the interviewee ITJP questionnaire. either to select one of two Interviewees in the UK and options or to tick both options. Norway were sent a letter of Constraints Other questions offered many introduction in Tamil explaining options and interviewees tended the process, the confidentiality In some cases Tamils declined to to select almost all of them – in and the logistical arrangements; participate in this consultation these cases the options that in other countries it was exercise as a matter of principle were not selected were also explained in person. The lest it be seen as validating tabulated. Where questions interpreters also telephoned the process in Sri Lanka which asked interviewees to rank people to explain the project they argue is wrongly labeled options by the importance they to them in advance. For those as a “transition” of power. In attributed to them, we cite with access to email, which was one case (not counted in the only the two most important the majority, a Tamil language statistics) a Tamil final war and least important choices. information pack was sent in survivor came to the interview Figures were calculated using advance of the interview for but then explained why he SPSS6 software that allowed us them to read to be properly could not participate. We had to vary the sample size easily. informed. However we were not hoped to conduct interviews in This was necessary because sure how many people studied Germany but an intermediary in one instance 3 interviewees and understood the information organising the appointments participated in this process so we explained it again in there informed us that people giving their views as a group. 16 17 General reported credible deferred till September because Lanka”21. The resolution allegations of war crimes and of the change of government commits the Government Background: crimes against humanity in Sri Lanka after presidential of Sri Lanka to establishing and that the conduct of the elections in January 2015 which four new transitional justice war represented a grave brought the government of mechanisms. These are a truth assault on the entire regime of President Sirisena to power15. commission, a reparations international law10. The coming to power of the office, a missing person’s Sirisena coalition government office and an independent In 2012, a UN internal review in 2015 signalled a moment ‘hybrid’ special court for war of its own conduct in Sri Lanka of great hope and crimes with “participation of during the final phase of the optimism for Tamils as they Commonwealth and other war was leaked and found anticipated change16. foreign judges, defence lawyers, the UN had committed grave and authorised prosecutors and failures in Sri Lanka failing to Presenting the OISL report to the investigators”. The resolution protect civilians or learn from Human Rights Council, the UN also makes reference to law the lessons of the genocide in High Commissioner for Human reform, including the requisite Rwanda11. This report indicated Rights said the sheer number legislative changes necessary to that the number of casualties of allegations, their gravity and prosecute international crimes could be as high as 70 00012. For recurrence and the similarities including war crimes, crimes the victims and their families, in their modus operandi, as against humanity and enforced establishing the number of well as the consistent pattern disappearances. In addition those who died is an extremely of conduct they indicate, all it speaks to the repeal of the important issue, which the pointed to system crimes17. Prevention of Terrorism Act and Transitional Justice plan needs He concluded that Sri Lanka’s a strengthened victims and to take account of. criminal justice system was not witness protection authority22. currently equipped to conduct The an independent and credible over the years set up its own investigation into allegations investigative bodies, such of this breadth and magnitude, as the Lessons Learnt and or to hold accountable those Reconciliation Commission responsible for such violations18. (LLRC, 2011), a military inquiry The three-decade long Sri crimes against humanity in the with having won the war. The whose findings exonerating Prior to the publication of the Lankan civil war ended in May final and most bloody phase of immediate aftermath of the the military have never been UN report, the Foreign Minister 2009 with the decisive military the conflict. war presented an ideal moment made public, followed by the of Sri Lanka preemptively victory by the Sri Lankan for pursuing accountability, Paranagama Commission13. announced the outline of the security forces over the Tamil The government of President a rapprochement between country’s transitional justice Liberation Tigers of denied victor and vanquished and the Unhappy with five years of lack plan including the establishment (LTTE). This saw the LTTE utterly that violations had in fact been building of a firm foundation of progress on accountability of a truth commission, a judicial destroyed and vanquished, perpetrated and constructed for peace; this was squandered, post-war, member states at the mechanism or special court, an Tamils crushed and subjugated a counter narrative that resulting in the Tamil community UN Human Rights Council voted office for missing persons19, and prima facie evidence the military had mounted further oppressed and denied in 2014 to establish the OHCHR a compassionate council made emerging of mass atrocities a “humanitarian rescue any vestige of dignity. The investigation into Sri Lanka up of clergy, a reparations body perpetrated against Tamils. In operation” in which there had post-conflict period between (OISL)14. While the mandate and a new constitution. the aftermath of conflict, local been “zero civilian casualties”7. 2009 and 2014 saw credible covered the same time period and international NGOs and The Rajapaksa government also allegations of the security as the LLRC (2002-2011), it also Following the release of the OISL activists lobbied the UN Human rejected the role of the UN and forces, in particular the CID included a monitoring brief in report20 in Geneva in September Rights Council in Geneva to the international community and TID, involved in ongoing respect of ongoing violations. 2015, the Human Rights investigate allegations that all in addressing accountability violations, which continue even Council adopted a consensus sides committed war crimes and for these crimes8. President under the new government9. The OISL report was due to be resolution on “Promoting Rajapaksa enjoyed enormous presented to the Human Rights Reconciliation, Accountability popularity within the Sinhala In 2011, a UN Panel of Experts Council in March 2015 but was and Human Rights in Sri 18 community as he was credited appointed by the UN Secretary 19 Violations

“My mother and brothers were injured by shelling in front of my eyes. My cousin’s wife was heavily pregnant in the bunker and a shell hit and she was badly injured and the baby came out of her stomach and they both died. I heard the screaming and saw many dead bodies around me and the smell of blood around. Each day we lived between life and death with the injured and corpses. I saw many people starving and crying for food. My mother was injured while waiting in line for food.”

Male Interviewee

20 21 The questionnaire first asked for them and we witnessed accumulated throughout their at the end of the war to the One interviewee explained abduction and torture, they interviewees to specify the trauma at a level that we had lifetime. Many interviewees Sri Lankan army. that he has recently received frequently made the connection nature of the violations they not expected. Insomnia described witnessing or information that his brother between activities related had personally experienced, was typical after reflecting on experiencing traumatic events Some interviewees had been who he had been missing during to raising awareness of the as well as those experienced the past: as children, which continue exposed to multiple traumatic the war was in fact killed in the fate of the disappeared and by close family members. They to affect them. Apart from events over several years. This fighting but it would have been their subsequent abduction, were asked if they had been in “If I think about it I can’t sleep dealing with their own trauma, man was himself tortured too painful for his mother to detention and torture. Thirty the final war zone, about their at night. Tonight I will have to parents have had to cope with after the war, as well what he accept this and had withheld eight percent of those who loss of property, payment of take tablets.” their young children exhibiting witnessed during the war: the truth from her: were tortured also had a family bribes to the security forces extreme traumatic reactions member who was missing or and smugglers, education and (Male Interviewee) after witnessing horrific “In 2007 I saw a colleague being “The disappearance of my had disappeared. employment discrimination, events during the final phase of shot dead by the Sri Lankan younger brother was traumatic. war injuries, detention, torture, The War the war. Army (SLA). I witnessed others My mother still thinks he is alive This suggests that tackling the sexual abuse and other forms of being arrested by the SLA and and I would break her heart if issue of disappearance presents cruel and unusual treatment. Eighty percent of those It was worth noting that the once I was forced to walk past I told her that one of my serious witness protection issues: interviewed had survived the interviewees found the questions an informer in an army vehicle. brother’s fellow LTTE fighters Interviewees were also asked to final phase of the war in the about having witnessed the In 2007 I was shot at when informed me that my brother “It is very difficult to get truth describe any other traumatic LTTE controlled area. Seven suffering of other people were the SLA came to my house. In died fighting in 2009.” from these people because experience that had profoundly years after the fighting ended the most distressing in the 2007 my relatives were killed many people abducted by affected them and to outline they all said they still have questionnaire. This was also in a kfir23 attack in Pooneryn. (Male Interviewee) them are unaccounted for. the consequences for their nightmares about what they the case even for interviewees Then I saw Nallu Atha Katha Nobody claims responsibility health and mental wellbeing. It witnessed during those final who had experienced post-war Padasalai school being bombed Others had lucky escapes; this for any wrongdoing. When was in response to the question months. In their dreams they torture themselves. and 3-4 dead children in 2007 man surrendered on the last we were trying to get justice about witnessing traumatic see images of dead children and autumn. In 2009 I witnessed day of the war in 2009 but is in Sri Lanka by participating experiences that the majority hear the screech of the fighter Survivors of the 2009 war often dead children and injured haunted by the memory of in demonstrations we got described their experiences in jets and the screams of the witnessed the killing of close children whose parents were those with him who have now more trouble.” the war. injured left to die. family members or friends killed killed. I knew the dead children disappeared without trace: in front of them, typically blown personally. They were left dying (Male Interviewee) Questions about violations “I think about what happened to pieces by a shell. One young and injured. In the camp after “I was on a bus with…altogether suffered by the individuals and every day. My hands shake interviewee described hastily the war ended I heard other 75 people, we were taken from Those who have survived family members yielded answers permanently. I sleep poorly from burying his father in a bunker people screaming.” Wadduvakkal to Omanthai death and disappearance are describing the extent of the the extreme stress of four years in 2009 but after the war being one night, only round 30 are frequently left with the burden collective as well as individual of anxiety and fear when I did unable to find the spot again (Male Interviewee) alive…I still have memories of of taking care of what is left of trauma. Violations were not not know what would happen despite searching: my friends I surrendered with, their extended family as this suffered by just one member the next moment. I am unable Disappearance of flashbacks or sort of waking woman explained: of a family but in some cases, to come out of my experiences “In Mullivaikkal my dad is buried Family Members dreams, and I always think several members of the same and what I saw during the in some land, which is not a about what happened to them. “The continuous loss of family family had experienced death, war and during detention. My proper graveyard. I don’t know In addition to witnessing the I feel anxiety and anger.” members has traumatised me. disappearance, detention, children ask me every day when where it is. I put nothing there to injury or death of friends and Additionally I have lost my house torture and sexual abuse. can we go back to Sri Lanka.” mark it. Everything is changed family during the war, nearly (Male Interviewee) and property. I have nothing… For example seven percent of and we couldn’t find the spot”. half of those interviewed I cannot describe in words how I the interviewees who had been (Female Interviewee) had experienced their family The family members of feel about losing so many family abducted in a white van (Male Interviewee) members being missing or some interviewees had members. I take care of my spoke of a close relative (usually It’s hard for a reader to imagine having disappeared. Some been disappeared and the sister’s daughter, whose father a sibling) who had been the totality of survivors’ In many cases interviewees interviewees and their interviewees had themselves is also missing since 2009, and similarly abducted. experiences from the handful of described being unable to families had not registered suffered multiple violations after my brother.” quotations given in this report. bury the bodies of loved ones disappearance complaints with the war, including abduction, Several interviewees wept during It is also worth recalling that on account of the danger of any organization or body either torture and sexual violence. (Female Interviewee) the interviews. Remembering the conflict was three decades remaining in the area still under in Sri Lanka or internationally, Although interviewees were the events was deeply painful long and for many survivors heavy attack. A fifth of those so the overall number is not asked directly to provide of the final phase of the civil we interviewed described being surely higher than is currently the reasons they believed war in 2008-9 the trauma has shot at while trying to surrender estimated in country. were responsible for their 22 23 Witnessing “My mother’s sister and husband who lived next to us died in a shell attack in relatives killed: March 2009 - only their daughter survived because she was in our tent. Another shell exploded on the tent next to ours and killed the entire family living there. I transported “In 2009 my father’s sister’s family were injured cadres and civilians to makeshift all killed in front of my eyes on 17 May. A shell hit the bunker they were hiding in. hospitals where I witnessed so many people We saw they were all blown to pieces unable to receive treatment.” but we had to move to save our lives. Male Interviewee I saw many dead bodies, also decomposed ones, and I had to help bury people. It has affected me deeply.”

Male Interviewee “I witnessed many dead bodies on the way to surrender. One man was floating in the water and I saw the body of a little boy with his mother. There was “There was a continuous attack and shelling and decomposed many people dying but we had to move body and people and we could not help them. My uncle sat near it and was killed by shelling right in front had meals with of my eyes. We could not take him their kids. to the hospital. Every day I heard the I am not sure screaming of people after attacks.” if it was their relative or not.” Female Interviewee Male Interviewee

24 25 Interviewees’ “In 1995 when the Sri Lankan military captured childhood exposure we faced hardship. From 1996 masked men came to the village to to war trauma: identify people to be taken to be severely tortured. My cousin was taken like this and he was later shot by the army. I saw his corpse. I was asked to go and identify him driving

slowly past on a school bus.”

Male Interviewee (Aged 9 then)

“When the attack happened on Sencholai (orphanage) in 2006 my sister was there so I rushed there. I saw all these dead “I witnessed an attack on bodies of kids and the damage. During people fishing, one was that attack my sister narrowly escaped and at first we had no information about beheaded and I saw that. my sister and we had to look at every I also witnessed the forcible dead body to locate her. I was about 14 recruitment of LTTE and then. I went with my father and uncle. Sometimes I dream about it.” I was scared. That affected Male Interviewee me mentally.”

Male Interviewee (Aged 14-15 years then)

26 Photograph: Amarathaas 27 Interviewees’ “During one displacement there was heavy children: shelling and one shell landed behind us, the head of a woman was blown off and hung on a tree. My son witnessed this and was so traumatised he could not talk until we got to the IDP camp when I performed some religious rituals to make him talk. He was only 14 years

old at the time.”

Female Interviewee

“My daughter was 12 at the time of the final phase of the war. When we walked

“I saw people dying from shelling. After through the dead and injured one rocket attack, I found all 7 children bodies, with people begging and parents blown to pieces. My son and for help, one grabbed onto I witnessed another shell hitting two girls who were blown to pieces, the head her leg and begged her for of one of the girls landed in front of my help. She is still traumatised then 6-year-old son, and he was severely by this.” traumatised for 3 years as a result, and still has nightmares.” Female Interviewee Male Interviewee

28 29 Torture: “In 2010, the Sri Lankan Army came and separated me from my wife, army officers tried to rape my wife and daughter. I took a stick and hit the one interrogating me. I rushed to my wife and daughter who had already been pinned down by four army men. They attacked me instead. My wife and daughter screamed, the neighbours came and the army left. My daughter was 14. The questionnaire asked of detention that occurred in “The LTTE police arrested and The army had broken my hip in 3 places by beating me with a stick.” interviewees where they had various different “rehabilitation” tortured my father to death been detained: providing the sites. This reflects an enormous in 1994 in Jaffna because they options of an IDP camp, army amount of trauma. In one case accused him of buying some Male Interviewee camp, a jail, a secret camp an interviewee had been twice stolen equipment…My family or unknown place. It asked if abducted in a “white van” became poor again after the interviewees had been tortured, and tortured on two different death of my father and I could raped or sexually violated or occasions in different years. not get work as an ex-cadre. subjected to severe ill treatment The death of my father was a or cruel and unusual treatment While the focus of ITJP’s work turning point in my life. I was 24 like killing myself. The GP did I have trouble sleeping and I In addition, Tamil women who while in detention. Interviewees has been post-war torture and then in charge of providing not say anything to me about have flashbacks. My whole body are post-war rape survivors responding were also asked and sexual violence, it is for my family.” counselling. They gave me is in pain. It is difficult to be on and who are widows or whose to specify if they had been worth recalling this abuse also sleeping pills and painkillers the bed. I also have a hernia husbands have disappeared subjected to multiple and occurred in previous decades (Male Interviewee) but they do not help much. I problem because of the torture.” remain traumatised while distinct periods of detention in of the conflict. One interviewee am afraid if I hear sudden loud being straddled with single different years. was tortured by the Indian Those who had been tortured noises – it reminds me of the (Male Interviewee) motherhood and learning to army during the Indian Peace talked about routinely explosions in the Vanni”. cope in a foreign country. Being Seventy three percent of Keeping Force period in the late experiencing flashbacks, panic forced to hide their pain from the interviewees had been eighties and more recently by attacks, anxiety, palpitations, (Male Interviewee) Rape and other Forms of both the community and their tortured. There were 6 cases the Sri Lankan army: headaches and have difficulty Sexual Violence children adds to the terrible 24 where an individual had been in concentrating . They are For mothers who have to cope burden they have inherited. detained and tortured on “I receive treatment for back terrified by noise, they fear men with the aftermath of torture Just over half of the interviewees multiple separate occasions pain caused by the torture I in uniform. Many were confined and care for young children said they had been subjected Some interviewees also over the last seven years in received from the Indian army. in solitary cells and never saw alone it is particularly difficult: to rape or other forms of sexual described the experience of the post war period. This did I still have bleeding from my other inmates but heard them: violence. They described intense seeing their family members not include continuous periods anus when I have constipation “I live like a dead body and I live shame and stigma that makes it assaulted or humiliated: due to the Sri Lankan torture “I heard the screaming of other only for others, like my child. impossible for them to tell their and I take anti depressants and people being tortured – they I have poor appetite. I sleep families what they endured or “When I surrendered to the sleeping tablets”. were begging not to be hurt and badly and have low iron levels. seek professional help. Sri Lankan Army, my wife was for the torture to stop”. I also had breathing problems 9 months pregnant, and the (Male Interviewee) because of my memories but Because male rape is a taboo soldiers stripped her naked in (Female Interviewee) now I am better.” subject, many young men front of everyone. This pains me The close family members of believe they are the only ones to this day.” 44 percent of the torture At least 25 percent of the (Female Interviewee) to be subjected to this kind of survivors consulted for this torture survivors we interviewed violence. They find it extremely (Male Interviewee) report had also been tortured. in the UK reported having felt It is likely that the memory of difficult to talk about. Sometimes families had suicidal at some time, after the pain of torture endured will experienced several generations having arrived abroad: remain throughout their lives: While it is well known that the of torture; one interviewee’s rape of women by the security father was tortured and killed “I can’t sleep and I have “I still have body pain and I have forces took place, female by the LTTE but he was later unforgettable memories of dreams about the torture and LTTE cadres who are rape detained and ill-treated by the the war and detention and I am disturbed by my dreams. I survivors also find it hard to talk 30 Sri Lankan army: torture. I feel anxious and feel have not yet started counselling. about this. 31 “In March 2009, the Sri Lankan Army captured a spot manned by female LTTE cadres. We heard them screaming and we attacked the army. We found one dead female cadre, naked, with a baton inserted into her vagina, “I feel ashamed and worry stabbed all over her body. The other cadre had that people won’t see me escaped when we attacked.” as a normal person due to Male Interviewee the rape and sexual abuse. I am still unable to recover

from this.”

Female Interviewee

“Sometimes I have problems and I start crying and my children ask me what’s wrong. So I need to keep everything inside.”

Female Interviewee “I feel hopeless and worthless to live. I am on sleeping

pills and anti depressants.”

Female Interviewee

32 33 Families (out of 69): Socio Economic Losses

44 9 41 60 46 10

Family Member Killed Family Member Summarily Family Members Injured Paid Smuggler to Escape Paid to Escape Felt Discriminated Executed in War Sri Lanka Detention Against for Employment

31 20 43 28

Family Members Missing Family Member Disappeared Family Member Detained Felt Discriminated in State Custody Against for Education

Trauma

30 10 53 56 56

Family Member Tortured Family Member Sexually Family Member Jailed Need Trauma Counselling Need Medical Care Violated

Out of 40

This includes those who have attempted suicide in the past, have been declared at risk of suicide by a medical expert, or who spoke to us about thinking of killing themselves 11 28

Torture Survivors at Risk of Suicide On Sleeping Pills/Anti Depressants (UK only) or Painkillers (UK only) 34 35 This is not to say that Tamils in Photograph: Amarathaas other parts of Sri Lanka do not Socio face employment discrimination Impact: but rather that the people we interviewed did not identify this economic losses: as a major problem or had not attempted to get jobs.

Again only 41% of those we interviewed felt they had been discriminated against for education because most lived in LTTE controlled areas and had not applied to university or Almost all (87%) interviewees and often involve borrowing other higher learning institutes had experienced the destruction money and/or selling land. outside. A third said this wasn’t of their home at least once applicable to them. Some during the war; in some cases We asked about discrimination people did say physical dangers their homes had been destroyed for employment. 41% (28 during the conflict interfered twice or thrice during different people) of those we interviewed with their education: phases of fighting. said it was not applicable to them. They were too young to “There was shelling on my In addition 86% of interviewees have experienced discrimination school during the war time described having lost tractors, for employment while still in Sri which disrupted my education motorcycles, fishing boats and Lanka or spent so many years and we didn’t get the books we engines, furniture and household in detention that they were not needed. Even when I sat for my goods, gold, deposits in the LTTE on the job market. Others lived O Level exam there was a Kfir jet bank and land – in short almost in the areas under the LTTE attack nearby and we couldn’t everything their families had control so did not face individual write our exams”. accumulated over a lifetime. discrimination as Tamils from the Sri Lankan authorities (Male Interviewee) Most interviewees (67%) had though of course the whole been further impoverished area was under an economic Several interviewees by their families having to embargo for many years believed the exam marking pay bribes for their release to causing widespread poverty and system in Sri Lanka the security forces to escape deprivation. Only 15% of those discriminated against Tamils. detention. 87% had also paid we interviewed said human smugglers to flee the they felt discriminated against “The people who marked the country. Our previous reports in the job market because of exams were Sinhalese and they document the size of ransoms being Tamil. This woman was cheated in the exam marking and bribes being paid as one of the few who said she’d by making the grades tougher recently as 2015. These sums faced employment problems as for Tamils. We were not have been paid by families a Tamil: sent books on time – they were already impoverished by war deliberately delayed.” “I am separate from my homeland, “I applied for many jobs but my husband and my family. I am forced never got interviews. In terms (Male Interviewee) of education we never to live a life where I miss everything.” had the same facilities as This perception was cited by Sinhalese students.” several interviewees from Female Interviewee the Vanni but we have no way (Female Interviewee) of ascertaining if it is based on facts. 36 37 War Injuries Untreated Sixty percent of this group because some Sinhalese attention and in Sri Lanka the to access existing services. Many who are young being apart from had family members injured doctors and nurses are working MSF did some (in 2009) but urgently needed assistance. their parents with whom they Half of those surveyed in this in the final phase of the war. in Killinochchi as well.” she needs follow up. She needs The majority (68%) of torture are used to living, is particularly study had been injured in the Some said they, or their close an operation. They have a lack and war survivors interviewed difficult when they are trying war. Many of those said they are family members, have been (Male Interviewee) of facilities in Sri Lanka and it were on sleeping pills and anti- to recover from torture and/or still in physical pain. Interviewees too frightened to seek medical wasn’t properly treated. It costs depressants and quite often war trauma. described a plethora of help from government clinics Another young torture survivor too much and she is in pain and painkillers for injuries. Many problems including blood in Sri Lanka for war injuries lest in considerable pain said two her leg is swollen.” have been on such medication For longstanding LTTE cadres pressure issues, amputated it arouse the suspicion of the more members of his family in for years and some complained the defeat of the movement limbs, nerve damage and scar authorities and identify them Sri Lanka also still had shrapnel (Male Interviewee) the pills no longer worked. They they sacrificed their youth tissue. At times it seemed as connected to the LTTE26. in their bodies causing them described still experiencing for is a bitter pill to swallow. absurd to be asking people They are also nervous about the suffering. They were unable to An interviewee told us her son flashbacks, nightmares, Interviewees spoke about how about their views on transitional presence of Sinhalese medical seek private medical help in Sri in Sri Lanka is in pain from insomnia and anxiety attacks. they and their comrades gave justice mechanisms when they staff in the hospitals Lanka because of lack of money. shrapnel injuries incurred 7 years Many doctors in the UK hand up an enormous amount for a were still carrying pieces of because they fear they will Similarly another interviewee’s ago but is in hiding and unable out pills but appear to fail to cause that ultimately failed: shrapnel inside their bodies report on them to the security wife who is still in Sri Lanka is to have an operation to remove secure patients expert trauma causing them suffering25. agencies resulting in struggling to access treatment: the metal fragments. counselling, physiotherapy or “I lost my life. I took up arms interrogations or detention. specialist medical opinions because the lives of Tamils were What emerged from the “My wife has physical difficulties Health and Social Needs regarding war injuries. Torture in danger. Even today their fates interviewees is a large number “There are many with shrapnel after she was injured – after and sexual violence survivors and mine remain unchanged.” of family members still in Sri in their bodies still in Sri Lanka the surgery one leg is shorter We asked interviewees to tell us in the UK are waiting years to Lanka have not had adequate – they are a bit scared to go than the other and they put about any issues or problems get counselling and sometimes (Male Interviewee) treatment for war injuries yet. and get treatment in hospitals a plate in. She needs medical they faced in their countries never access it. In addition, of asylum, focusing on health, those who are disabled or access to education (language impaired by torture or war “I would like a new classes), access to employment, injuries say they need access prosthetic limb – and the level of respect to physiotherapy and physical experienced in their country exercise to be rehabilitated. I have pain all the of asylum. Several interviewees said they time when I take it would like access to a gym or In Switzerland and Norway, swimming pool to exercise. This off at night. interviewees were well supported is particularly important for I would also like by the Tamil community as well people who have been beaten as the public health systems. In on the soles of the feet, counselling. I get “I still have pain in my body and still have France there was less support which they said makes it sleeping pills and shrapnel in my left leg and the left side of available; one interviewee who painful to walk or put pressure arrived in 2014 was still waiting on the foot27. anti depressants my body which hurts me. I am unable to to have a doctor assigned, and pain killers.” function as a normal person. The doctors in despite having shrapnel in her The term “loneliness” doesn’t hand and urgently needing begin to capture the agony of Male Interviewee the UK took an X ray and did an assessment trauma counselling. Interviewees parents and children, husbands of the shrapnel and I was told until the in France and Switzerland said and wives, separated across they needed more access to continents for many years asylum issue was sorted out they would not language classes to integrate with no idea when they will be be able to take serious action. I was just and get jobs. reunited. In most cases those interviewees who had fled given painkillers.” In the UK torture and war abroad remain frightened to survivors were particularly poorly telephone home regularly lest Male Interviewee served compared to those they put their relatives in Sri interviewed in other countries. Lanka in trouble, believing their They tended to be young, in calls are monitored by the Sri their early twenties and unable Lankan authorities. For those 38 39 Challenges of treatment for Tamil torture survivors who seek refuge in the UK:

By Dr William Hopkins, sexual violence and dispiriting and expensive be returned to Sri Lanka with without addressing the deep Photograph: Amarathaas consultant psychiatrist and burning, often with hot (despite the availability of legal the possibility of being tortured psychological damage of psychotherapist at Freedom metal implements. aid, we find that many Tamil again or even killed. This can traumatic memories or complex from Torture torture survivors pay for their make compulsory reporting (or feelings of guilt and shame it It can be a challenge for them legal representation and this ‘signing’) to the Home Office a would be difficult for a survivor Since 1985 Freedom from Torture to communicate the physical is often of poor quality). They very distressing ordeal because of torture to start to recover has been the only UK human and emotional suffering frequently have to do this with of a fear of detention and forced their self-worth, dignity, hope rights organisation dedicated they have endured to health little welfare support, made all removal back to Sri Lanka. for the future and the sense of to the treatment and support professionals because of their the more difficult because of who they are and what they of torture survivors who seek limited English. This can mean their loneliness, isolation and These fears and anxieties can can do, rather than being refuge in this country. We do GPs are not aware of their separation from their families. impede the rehabilitation work preoccupied by what has been this primarily through offering psychological, neurological or that that is essential to help done to them. psychological therapies and other physical problems so that This can be further compounded them address the nightmares, forensic documentation of they do not receive appropriate by the anxiety they feel about flashbacks, avoidant behaviour, The length of time that it takes torture injuries. investigations or treatments. what harm might come to suicidal thoughts, depressive to be granted asylum, which their families back in Sri Lanka and shameful feelings which can be many years, adds to As readers of our recent They may have thought that when they hear of police and result from having been their sense of helplessness report Tainted Peace will be after having escaped a very intelligence agency harassment tortured. Stabilisation – creating and hopelessness. This, what aware, Tamils tortured in Sri dangerous situation in Sri of their families or enquiries a secure and safe environment I call “asylum limbo”, causes Lanka represent the biggest Lanka they would feel safe and about their whereabouts. for torture survivors – is a key considerable psychological group by nationality referred welcome here in the UK. The element of their rehabilitation damage because the survivor to us in recent years. They opposite can often sadly be Their asylum accommodation and these uncertainties and cannot plan for the future; have been both physically the case for those attempting can be of a sub-standard fears make this recovery even they cannot find purposeful and psychologically deeply to apply for asylum. Interviews quality. I have worked with Tamil more challenging. activity; they cannot re-start traumatised by beatings, by Home Office officials and asylum seekers forced to share their damaged lives and there suspensions, asphyxiation, harrowing Tribunal hearings can facilities with threatening and Medication, as it is easy to is always the constant threat of make torture survivors from intoxicated individuals whose dispense, can be a more being returned. Sri Lanka and elsewhere feel behaviour can trigger terrifying common form of treatment unwanted and disbelieved. flashbacks of past traumas. than more appropriate group Until they are granted asylum or individual talking therapies Navigating a complex legal they have to live with the such as those offered by 40 system can be confusing, constant fear that they could Freedom from Torture. But 41 process transitional justice Sri Lanka’s Views on

“We need accountability for the wrong things that took place and only after

that a political settlement.”

Male Interviewee

42 43 Most Urgent: Prioritise the Prosection of: If asked to choose between Priorities: accountability or constitutional reform

Interviewees, when asked which be prosecuted as a matter remainder (40%) said issues for them were the most of priority, as opposed to the these people should not acute in a transitional justice individual perpetrators. be prosecuted. process, ranked justice and truth as the top two priorities. Tamil Paramilitaries: Truth about the Disappeared: The least important were 71% 71% reconciliation and political Everyone (100%) said the Tamil In addition interviewees said accountability for past said commanding officers stability. Only one person said paramilitary leaders should expressed the need for the wrongs was the most urgent constitutional reform was be prosecuted for crimes they Government of Sri Lanka to important to them personally. have allegedly committed. respect the right of victims to Many interviewees said this know the truth in respect of Prosecutions: should include crimes allegedly the disappearance of loved committed while under LTTE ones and pursue accountability In answer to another question, command as well as while through investigation, 78% also said prosecutions working for the Government. prosecution of those responsible were their top priority. and reparations for the family. 13% 18% Reparations and an apology Tamil Informers: said constitutional reform was said actual perpetrators were the lowest priority. the most urgent 60% said Tamil informers should Commanders: be prosecuted for their role in violations even if they had acted 71% believed those in command under duress, for example after responsibility positions should being tortured themselves. The 11% 11% said both said both

“We are not seeking the political solution at the moment – we want accountability for all

atrocities we suffered first”.

Male Interviewee

44 45 that promises had been made Several Tamil victims we One interviewee said the before only to be broken: interviewed said their only hope Sri Lankan President ought to Return of land by Trust: was international pressure lead the way and tell the truth “In the past they never behaved on the new Government of about his role in the final phase military in a way that we could trust Sri Lanka. This is in sharp of the war. The Government of Sri Lanka them. There never have been contrast to supporters of the trust building measures.” Government who argue that too However the majority of Interviewees were asked if they much pressure could destabilise interviewees cited specific steps thought the Government of Sri (Male Interviewee) the coalition in power. the Government could take to Lanka would listen to their views win their trust. The one issue as expressed in this consultation The International Community “There is a need for international that stood out was the need to process. Almost all (94%) of pressure. Only international return land occupied by the Sri those interviewed thought the Interviewees also showed pressure could pave the way for Lankan military to its owners. Government would not listen: considerable mistrust of the the Government of Sri Lanka to Others were: demilitarisation, international community, listen to our views.” releasing political prisoners, “The Government of Sri Lanka including the United Nations, information about the will never listen to my views. because of their perceived (Male Interviewee) disappeared, security and They already made it clear support for the new freedom of media, and clearing they will not punish anyone in Government with few demands “The Government won’t the name of those who’d been Release Names the army.” in exchange: listen to my views unless the in detention. of those who Jobs for international community directly surrendered and rehabilitees (Male Interviewee) “I am very angry with the intervenes.” disappeared international community, they The lack of trust in the Sri just visit and do nothing to (Male Interviewee) Lankan Government was pressure the Government of pronounced among those Sri Lanka to clarify the fate of Initial Trust Building Steps interviewed, irrespective of the the missing.” Release political change of political parties in We asked interviewees prisoners power: (Female Interviewee) what immediate steps the Government of Sri Lanka could Compensation for “I don’t trust the Government This sense of betrayal by the initiate to show their good affected people of Sri Lanka. Nothing would international community in 2016 faith. Some said nothing would make me trust them. I don’t feeds off the bitter experience in convince them to trust the trust them. It is not an 2009 where the United Nations government: honest government. There failed to offer humanitarian is a lot of political influence protection to Tamils in the war “Nothing. I have no trust Clearing and competition. All the zone or speak out loudly for in anyone. I am 36 years old 28 governments in Sri Lanka are human rights : and since childhood we could my name like this. They are pretending not trust”. to be a good government but “What was the reason why the they are not.” international community turned (Male Interviewee) a blind eye to what happened in the final phase of the war?” Others said they wanted the (Male Interviewee) Remove prevailing climate of denial to Freedom of media settlements and checkpoints Many referred to the experiences (Male Interviewee) stop before mechanisms were with past governments saying established: “Why did the UN leave the Vanni in 2008? Why is the “First of all there should be an international community still open acknowledgement that waiting for Sri Lanka to act?” these things happened.”

(Male Interviewee) (Female Interviewee) 46 Demilitarisation 47 Testifying: “I want to know why I was Truth: tortured and detained for a long time even though I was forcefully recruited

(by the LTTE).”

Male Interviewee

Willingness to testify identifying details, and in some because the details of their case long distance cases with their voices disguised. would identify them30. Given many are survivors of We asked exiled victims if they sexual violence anonymity is “Any law in Sri Lanka is just would consider testifying long- essential. For others, the main a piece of paper and distance through video link up consideration was the safety of in practice meaningless.” to a Truth Commission inside family members inside Sri Lanka. Sri Lanka or a Special Court, None would agree to having a (Male Interviewee) if their safety and anonymity Sri Lankan government official were guaranteed. sitting in the room with them Other interviewees said the risks abroad, as was proposed by the meant they would only submit 82% said they would testify Attorney General’s office during written testimony31. to a Special Court in Sri Lanka the International Independent Group of Eminent Persons Witness Interviewees were asked what said the truth meant knowing or friend disappear, it’s not 78% said they would (IIGEP) mission29. Protection Legislation the concept of truth meant why the international surprising they desperately testify to a Truth Commission to them. 19%32 said it community abandoned them to want answers34. Among the in Sri Lanka. However there were some (20% Almost all the interviewees meant knowing why and how die in 2009 at the height of the demands is that there should when averaged) who said it was in this study are victims or so many Tamil civilians final phase of the war: be transparency about who is Interviewees understood this as too dangerous to testify to a witnesses of war crimes or were killed in the war, actually missing. Several people testifying from behind a screen, court or commission, whatever crimes against humanity. All in particular the indiscriminate “Truth means finding out why wanted a list published with all without using their names or the precautions and safeguards of them (100%) said witness killing of civilians33: did the international community the names of the disappeared: protection in Sri Lanka was not take action during the last currently inadequate. “The truth is getting answers as phase of the war.” “Accountability for and clarity to why civilians were killed and about who went missing from “Although the government targeted for violations from 1986 (Male Interviewee) 1990 until now, publish a list of “If something happens while we are trying has changed they still till today”. all those who went missing.” to seek justice then we are in trouble – for have the same military structure “I want the truth about why the in place.” (Male Interviewee) international community did (Female Interviewee) example my relative was shot dead on not stop the systematic violence his way to court to give evidence and he (Male Interviewee) “The most important for me against Tamils and intervene?” At the most basic level, mothers is how the Government of Sri want to know if their children was under police protection. There’s no We asked interviewees what Lanka and the Sri Lankan army (Female Interviewee) still have a father or not. The protection for anyone.” they thought about the current tried to wipe out Tamil civilians desire to know what happened is witness protection legislation and LTTE alike – failing to For about half of the acute among those interviewees Male Interviewee in Sri Lanka. 77% said they distinguish between them.” interviewees truth meant knew nothing about the law but knowing the fate of those who that they did not feel there (Male Interviewee) had disappeared. Given the was sufficient witness protection high level of interviewees who 48 in practice. In addition some interviewees have experienced a loved one 49 who personally handed their They all seemed to be Sinhalese. their relatives had been killed. loved ones over to the army at It was the last time I saw my “Justice should be like a sharp knife – the end of the war. They know husband on 17 May around 10 Another group said truth meant Justice: they were in custody but am. Every day my son is asking international recognition for if someone did something there should be there has been no accounting for his father and I am unable to the Tamil struggle – why it had no chance to escape justice”. for their fate. answer him.” started and that it amounted to a genocide38. Others said “I handed my husband over (Female Interviewee) they wanted the terrorism Male Interviewee to the Sri Lankan Army and designation removed: am still searching for him. On Several people had friends who 17 May, around 7:30am, the disappeared in state custody “The LTTE was branded as a Sri Lankan Army came before and they too want to know the terrorist organisation by many the Mullivaikkal bridge. There truth about their fate35. countries but they fought for were more than 150 people Even those who didn’t personally our rights and the freedom The vast majority of interviewees charged under the Prevention of defined by Tamils themselves. who had surrendered. The know the disappeared said of our people. So the truth wanted the perpetrators Terrorism Act. Some interviewees were willing army ordered LTTE to come they still wanted answers about should come out that they were prosecuted and punished. to settle for less than a separate forward. My husband, myself what had happened to not terrorists.” One person said, “Those who Many interviewees said justice state – equal power sharing in a and others came forward and them in custody and why they committed war crimes should for them was Tamil Eelam, a federal structure: identified ourselves. I told the had disappeared. (Female Interviewee) be hanged – the death penalty”. separate homeland or self- Sri Lankan Army I needed to Others said, “perpetrators need determination39. It’s clear the “Justice means that the accompany him. They refused, Some people said truth for “Truth means people to be prosecuted and punished, concept of “Tamil Eelam” perpetrators be investigated, and I had to get on a bus, them meant identifying the should stop looking at Tamils and a system established to means many things to many prosecuted and punished, while my husband stayed perpetrators and punishing as terrorists.” ensure non-recurrence”. people - the geographical area and then the truth comes out, there with others. There were them36. Others said it meant delineated on the LTTE maps of and Tamils are granted equal army soldiers in camouflage identifying those who had (Male Interviewee) It was notable that interviewees Sri Lanka, the heyday of Tamil power. I don’t think we will uniforms, heavy weapons like ordered all the crimes from 1983 tended to view justice Kingdoms of the past, the best get Tamil Eelam so equal power machine guns and helmets. I till the present day37. For 18% it collectively – as something for aspects of the de facto separate is ok for me.” could not communicate with was specifically about finding the Tamil people as a whole, state run by the LTTE in the them so someone translated. out why they had been hurt or rather than for themselves Vanni before they were defeated (Female Interviewee) personally or their immediate in 2009 and a dream of a future families. Only when pushed homeland where Tamils can live “I want a permanent solution many interviewees did say in peace, safety and with full where Tamils can live freely and what they wanted to happen rights. One person said justice in safety – I am not asking for to those who had harmed meant recognising a genocide Tamil Eelam.” them personally. This included of Tamils had occurred. Others people who had suffered torture, said it meant the right to self (Female Interviewee) sometimes on a repeated determination or a future basis, but still prioritised others’ “Why did the Government of Sri Lanka send rights and demands. Many of the interviewees had joined “My perpetrators should be prosecuted and people to the Tamil area just to kill them? I want the LTTE or supported the severely punished.” Tamil nationalist cause out of the army members identified who came to a strong sense of idealism and Male Interviewee self-sacrifice. That was also my house to attack me and family, and I want clearly a motivating factor for the interviewees in this process to know why.” to come forward and give their views, speaking on behalf of Male Interviewee those inside the country whom they believe are not as free to articulate their political ideas 50 about the LTTE without being 51 “I don’t want personally Transitional justice to have a solution to mechanisms: my problems but in general I would like a solution for

my people.”

Male Interviewee Temporal Mandate: Profile of Officials: and Muslim Commissioners as well as Internationals and “Justice means Interviewees were asked what 97% of people said that there Tamils. Only 9% thought there Tamils living the temporal mandate should should be a quota to ensure was a role for prosecutors be for the mechanisms being women made up half the who were Sinhalese or Muslim as with freedom established in Sri Lanka.The two commissioners and judges opposed to International and punishment most popular start dates were sitting on the future Transitional or Tamil. 1948 (31 people) and 1983 (27 Justice bodies41. 42% of people for the killers of people). The majority, 64 people, interviewed said there should be Apology from the my father and wanted the end date to be the an age quota (for both young other communities: present day. One wanted 2009, people and the elderly) but the people who and two wanted 2011. the majority said there was no When asked about the hurt me.” need. The vast majority said the importance of an apology from Time Frame: religion of the commissioners or the Government, individual Male Interviewee judges was irrelevant. perpetrators, and community 79% of interviewees wanted a as a whole on the whole, many Truth Commission and Special The Compassionate Council: did not care for an apology. Court established within a year. The highest important was 70% of interviewees said given to an apology from the “Justice means punishment for Amnesties: the Compassionate Council Government (41) followed by my torturers. They should also be proposed by the Government an apology from individual Three quarters of interviewees of Sri Lanka should be perpetrators (37) and the ‘rehabilitated’ in the same way I was.” said there should be no amnesty exclusively made up of trauma majority did not care for awarded even for those who tell experts. The remainder cited an apology from the entire Male Interviewee the full truth about their role a mixture of different religious community because they said in violations. Interviewees were representatives and/or trauma they had nothing to apologise adamant those who committed experts. There was a clear bias for (47). 19 interviewees they rape or murder, extra judicial against the clergy, especially the did not care about an apology killings, genocide, crimes against Buddhist clergy, being involved from anyone. “Justice is proper reparation humanity or war crimes should in the Transitional Justice not be given amnesty. When mechanisms. for the affected. I seek asked directly for which crimes the interviewee could under Truth Commission justice for everyone not just no circumstances accept an and Special Court: amnesty, the answer was most for me personally” often rape and other forms Interviewees were unanimous of sexual violence. Some added in saying these bodies must Female Interviewee that those who had have a majority of international attacked civilians or those commissioners or judges and surrendering should also not be staff. Only 24% said it was 52 given amnesty40. necessary to have any Sinhalese 53 “The LTTE fought for our rights the circumstances; others who “International and when Sinhalese and Muslims were victims still want redress. were affected it was because Women’s involvement they were acting against Tamils. “Although the LTTE forcefully is important. I cannot blame the LTTE for recruited us we realised why anything.” they were right to recruit us to participation: I want an fight. I realised this when I saw international (Male Interviewee) the shelling and bodies at the end of the war.” court without 46% however said the LTTE One question asked participants to enable women to participate, sexual abuse. The need for how to ensure women even though in practice we confidentiality was also Sri Lankan or Tamils should apologise for (Female Interviewee) actions such as the expulsion of participated fully in the found female victims cited the repeatedly emphasised, government Muslims from the North. “Even if I was forcefully recruited transitional justice process in lack of childcare and the including by male survivors: Sri Lanka. Many interviewees need to work or study as interference or the LTTE did it for my freedom “We are all human beings. and everyone’s freedom”. said women needed awareness a reason why they didn’t have “Allow women to testify involvement - Something bad was done to the raising programmes so they time to participate in this anonymously without showing that is the only other side as well”. (Male Interviewee) understood the processes consultation exercise. their faces. I also feel too shy commencing in Sri Lanka: to talk to someone about chance for (Male Interviewee) Forgiveness: Many interviewees reinterpreted torture and sexual violence “It should be explained to the question about women’s facing someone”. real justice.” An additional 11% said yes there 91% said they could not - women, both individually and in participation to mean how person to convince them that to persuade female sexual (Male Interviewee) Male Interviewee should be an apology only IF the or probably could not - forgive LTTE had done anything wrong. those who had made them participating in the process will violence survivors to testify. suffer. Only 9% said they benefit them and make them They identified threats from the “It is really important to Interviewees however were could forgive those that had feel stronger. Women should security forces as well as stigma preserve confidentiality. I only divided about whether the LTTE violated them42. be the ones discussing with in the Tamil community as the told my whole story to ITJP and should apologise to Tamils who women. It will help women if main hurdles: my doctor – not even my lawyer were forcibly recruited during they can talk more openly or relatives I stay with here. the war: about the crimes committed “The structure of our society is The stigma is the most against them”. the biggest problem for women important issue. It is important Apology by LTTE “The LTTE should apologise to come forward. It is a process to address the stigma but we or Tamil community: for forced recruitment in the “We can’t expect (Female Interviewee) that will take time to break the don’t know how.” final stages but I don’t think stigma of rape – we need to talk reasonable 43% of those interviewed said they should apologise All acknowledged that women to men about not marrying (Female Interviewee) there was no need for Tamils for doing anything wrong commissioners were very badly affected by them. We have to be present in to the Sinhalese.” the war and needed prioritizing. communities to identify rape or the LTTE to apologise to in Sri Lanka Sinhalese or Muslims for actions One person even suggested victims to see those who are in the past: (Male Interviewee) - the process a Truth Commission comprised isolating themselves, but it is a only of women; others challenging task.” is polluted or “They (the LTTE) fought for us, “The LTTE should apologise emphasized the need for female the oppressed, and they didn’t for forced recruitment influenced by staff at all levels: (Female Interviewee) do anything wrong. It was a and if they did anything criminal politicians of the just war. We did not occupy they should be prosecuted “Women should be dealt with “In many cases even if women Sinhalese places”. or apologise.” current regime individually by other females want to give evidence, husbands (Staff and Commissioners). It is will not allow or like it.” unless it is an (Male Interviewee) (Male Interviewee) extremely difficult also for me international to talk about sexual violence (Male Interviewee) and rape.” Interestingly some interviewees commission.” who had themselves been As a result interviewees (Female Interviewee) recommended the involvement victims of forced recruitment in Male Intervieweee the final stages of the war now of international personnel think it was justified considering Very few interviewees raised the to overcome the shame 54 issue of childcare provision and stigma surrounding 55 Memorialization: Reparations:

Mourning ceremonies: Many Interviewees said they Most interviewees were wanted them removed because reluctant to prioritise Interviewees were asked what they see them as a deliberate reparations and especially to ceremonies were helpful for attempt to humiliate them: discuss compensation because healing. They cited LTTE related of an overwhelming sense that events such as Heroes Day “The Sri Lankan army nothing, especially money, and Mullivaikkal Remembrance monuments in the Vanni make could ever compensate for the Day as well as going me angry - they are built to loss of life and suffering they’d to the Temple or Church. humiliate us.” experienced. However some did highlight the problems faced by Sri Lankan Army (Male Interviewee) disabled former LTTE cadres: war monuments: Desecration of Tamil graves: “The Government should set Interviewees were asked what up a commission or office they thought about the war The LTTE had 20 graveyards to handle the issue of LTTE monuments and statues in the across the north east of members who are struggling Vanni erected by the Sri Lankan Sri Lanka in the areas they and are handicapped or lost military. The responses were controlled. Each one contained limbs. They were rehabilitated universally extremely negative43. thousands of graves. These by the Government so they have It became clear these statues were for LTTE fighters. Without all their details. They should erected to honour the exception, every single one was prioritise them.” government’s military victory in bulldozed after the war. Not 2009 are causing huge offence: surprisingly a very high number (Male Interviewee) (84%) of the interviewees in this “Sri Lankan Army memorials study said a loved one’s grave “Former LTTE cadres should are symbols of had been desecrated. receive war veteran’s pension occupation and should be and get recognition as war removed immediately.” The right to mourn: veterans. They are now slowly Interviewees were asked if they dying day by day. Disabled (Male Interviewee) felt free to mourn their dead. cadres are being shunned by the All said they were unable to community”. “Sri Lankan Army memorials remember their dead freely should not remain in the Vanni while in Sri Lanka, adding that (Male Interviewee) as they are causing us pain – they could before 2008-9 they destroyed our identity and if they lived in the Vanni, and Interviewees also indicated our memories. To me they since then only in their countries they would like to access grants are a celebration of war crimes.” of exile. and pensions while outside the country. Exiles expressed the (Male Interviewee) need for language classes as well as sports therapy, medical care and trauma counselling.

56 57 Summary

“I won’t go back to Sri Lanka. I would like to go only if we have a separate state of Eelam. I will not go back even when I am an old man. I am suffering a lot. Before I reach that point I will die. Yes I think about suicide. I never tried it. Sometimes I have unbearable mental trauma and severe pain which I find difficult to cope with.”

Male Interviewee

58 59 For a full analysis of the findings of their families is protected see Part II of this report, adequately. This has significant which looks in detail at the implications for the design of “I have no idea implications for the transitional the mechanisms in Sri Lanka to return to Sri justice process and Sri Lanka’s and will require an agreement to obligations. allow this to happen securely. Lanka. Maybe I will think about Almost all the interviewees in Constitutional reform and this exercise had experienced reconciliation were not an it during the the horrors of a long war, immediate priority for this end of my life. suffered multiple violations and group because accountability I miss it a lot.” had family members killed or took precedence at this point. “My mother disappeared. Despite the fact However, despite their immense Male Interviewee that the questions brought back suffering, there was little is why I would memories of a time they’d like hostility expressed towards want to go to forget, interviewees took the ordinary Sinhalese or Muslims, exercise very seriously, thought who were not held responsible back. My dream carefully about the answers, for the violations they’d is to go to Sri and weighed the options. They experienced. A few interviewees appeared pleased to have even said they knew there were Lanka as easily been asked their opinions even decent Sinhalese within the as you might go though they were sceptical that armed forces and not all had the Government of Sri Lanka committed violations. from the UK to will take note of them. They France – with no participated fully. What was perhaps most striking complications were the extraordinary levels of This exercise makes it clear trauma interviewees described and no fear”. “No I will never go back. exiled victims want criminal seven years after the war ended. accountability, including the Many who had been abroad for Male Interviewee For me Sri Lanka is a killing prosecution of those who several years had not begun were in positions of command the process of recovery because field. I would rather end my responsibility. They also they are separated from family want to know the fate of the and still in limbo waiting for life than go back”. disappeared and missing. asylum. They do not speak the language, suffer mental and Male Interviewee International participation in physical health problems, feel the proposed Special Court and unsafe and ashamed and are Truth Commission is essential impoverished. There is a great for these victims. They require deal the Government of Sri a majority of international Lanka and the Tamil Diaspora “I would have to think commissioners, judges, lawyers could do to improve their lives. and investigators for the process carefully about going back. to have any credibility. ITJP has conducted a needs assessment of the 40 Maybe the next generation It emerges that some of the interviewees in the UK and worst affected victims now living has begun trying to source or will be safe”. abroad are willing to testify provide urgent assistance, such to the future Commission and as access to counselling and Male Interviewee Court if their identity and that other trauma rehabilitation activities, Tamil speaking doctors to assist with medical issues and basic English classes. 60 61

Analysis 63 Part 2 Part 62 justice justice Transitional

Evolution of 1995 marked a turning transitional justice point for the field as it ambitiously introduced the Transitional justice was initially notion of national building defined as that conception of and reconciliation46. justice associated with periods of political change44. The Changing paradigms and the establishment of the Nuremberg reality on the ground led the Trials and the Tokyo trials in UN Secretary General in 2004 the 1950s when Japanese and to codify transitional justice German military leaders were as the full range of processes tried for war crimesq by the and mechanisms associated victorious allied forces mark the with a society’s attempts to inception of this field which has come to terms with the legacy evolved over time. Transitional of large-scale past abuses in justice in the Latin American order to ensure accountability, context in the 1990s raised serve justice and achieve critical questions in respect reconciliation within the context of criminal accountability of of international human rights previous regimes responsible law and the fight against for mass atrocities and gross impunity47. This approach human rights violations without focussed on: (a) the State’s derailing the democratic obligation to investigate and process45. The dilemmas raised prosecute alleged perpetrators during this period focused on of gross violations of human the extent to which the balance rights and serious violations of of forces obstructed criminal international humanitarian law, prosecutions. This period also including sexual violence, and saw the false dichotomy of the to punish those found guilty; “peace versus justice” debate (b) the right to know the truth and the use of amnesties. about past abuses and the fate of disappeared persons; (c) the The establishment of truth right to reparations for victims commissions became a new of gross violations of human tool in the transitional justice rights and serious violations of toolbox. The establishment of international humanitarian law the South African Truth and and (d) the State’s obligation Reconciliation Commission in to prevent, through different 64 measures, the reoccurrence of 65 such atrocities in the future48. Transitional Justice has also Fulfilling these obligations has evolved over the last two led to the establishment of decades to include a focus Application of truth-seeking mechanisms on how the root causes of such as truth commissions; conflict are addressed. Louise judicial mechanisms (national, Arbour, the former UN High transitional Justice in international or hybrid); Commissioner for Human reparations and institutional Rights, points out that, reform, including vetting. The Sri Lanka in the context development of the Principles “Transitional justice must have to Combat Impunity authored the ambition of assisting the by Special Rapporteur Louis transformation of oppressed of a military victory: Joinet in 1996 and updated societies into free societies by by Diane Orentlicher in 2006 addressing the injustices of strengthened the rights regime the past through measures for victims, putting the onus of that will procure an equitable In societies such as Sri Lanka issues of accountability, the Denial of War Crimes fulfilling these rights squarely at future. It must reach to, but also that have been exposed to the ongoing persecution of Tamils the feet of the State49. beyond, the crimes and abuses violence of civil war over many by the security forces, as President Sirisena’s ongoing committed during the conflict decades and whose values well as outstanding issues denial that Sri Lankan security Aims and Objectives of a which led to the transition, into have been undermined and regarding the return of land forces committed atrocities Transitional Justice Policy the human rights violations that the legitimacy of the State and the demilitarization of during the final phase of the war The primary objective of any pre-existed the conflict and eroded, transitional justice the North and East of the alienates the Tamil community transitional justice policy is to caused or contributed to it”50. offers an opportunity to begin country. However if the state and contributes to the growing end the culture of impunity and again. Sri Lankan society was is to address accountability political polarization in the 54 establish the rule of law. This sentiment was echoed by already deeply divided and conclusively it will have to country . This coupled with the Secretary General in his 2010 polarized before the start of prosecute those members of the the Government’s failure to A transitional justice policy Guidance Note when he called the war in 2009. These divisions security forces for the crimes dismantle the security structures should aim to: upon the United Nations to became more pronounced committed which the former and promote a comprehensive following the victory of the government characterized as security sector reform — Bring an immediate “strive to ensure transitional Sri Lankan military forces. The heroic acts against “terrorists”. programme is in all probability end to ongoing human justice processes and military victory dramatically responsible for the ongoing rights abuses; mechanisms take account of altered the balance of forces Legacy of Impunity violations which continue even 55 — Investigate past crimes and the root causes of conflict and in Sri Lanka at a number of to the present day . The military identify those responsible repressive rule and address levels including political, socio- The current transitional justice occupation of the North and for human rights violations; violations of all rights, economic and cultural. Under programme in Sri Lanka is East of Sri Lanka, the ongoing — Impose sanctions including economic, social and these circumstances the Sri currently being constructed white van abductions, enforced on those responsible cultural rights and linked this to Lankan State cannot adopt in the context of a legacy of disappearances, failure to (where possible); building peace: “51. a conventional “one size fits impunity, which has rarely seen inform families of the fate and — Provide reparations all” approach in establishing a a perpetrator being brought whereabouts of loved ones, as to victims; Transitional Justice programme. to justice for political violence well as the continued repression 52 — Prevent future abuses; The survivors of the conflict or system crimes of the past . and surveillance, torture and — Provide for security have huge expectations that Paramilitary leaders have yet sexual violence by the security sector reform; there will be accountability to be held accountable for forces has totally demoralized — Establish new institutions for serious crimes in the form their role in both the conflict the Tamil community leading to 56 to prevent future abuses of prosecutions as well as a and post-conflict period a loss of trust in the state . and build democracy truth commission which will and continue to serve in the This presents a dilemma as to be — Establish programmes to address critical questions on government. In addition, past foster individual and how the war was conducted Commissions of Inquiry, which national reconciliation. leading to the enormous loss have been intensely politicized, of life and mass atrocities. The have been an ongoing massive lack of trust in the Sri feature of the government’s Lankan government is linked to claim to accountability53. 66 the long delays in addressing 67 effective, any transitional justice are addressed by transitional programme must develop an justice practitioners59: ethos of “inclusivity” as well Interviewee as implement measures which The right to build trust in a society where non-discrimination which the victors are the majority and protects minorities from direct perspectives on trust: in power. or indirect discrimination on the basis of ethnic, religious, Building Trust linguistic or cultural identity.

“Inclusiveness” is an attitude The right to exist which obliges that encourages a sense of States to protect the existence moral, psychological, or social of minority communities as obligation toward the “other” a whole, which means the in one’s society57. Whether prohibition of genocide and rooted in moral, intellectual, assimilation—which would ideological, physical, or spiritual lead to the disappearance of a factors, it is the kind of feeling minority as a community with Distrust in the Government LTTE, with no middle ground. In were outnumbered by those that produces events like the its own identity—and population the post-war period betrayal who believed that members reaction of South Korea’s displacement resulting in the Interviewees raised their deep has been a tactic used by the of these groups would not be citizens to the country’s 1997 expulsion of communities from distrust of the government: Government to undermine the independent of the State and financial crisis where thousands the country. Tamil community with scores of could therefore not be trusted62. came forward offering jewellery “I don’t trust the Government Tamil informers being recruited. and other personal valuables The right to protection of Sri Lanka”, “Nothing would Diaspora communities have Interviewees expressed the view to help the country overcome of identity preserving the make me trust them”, also been infiltrated with that the credibility of these the crisis58. freedom of minorities to “I don’t trust them. It is not an divisions rife amongst the transitional justice mechanisms practice their culture, religion honest government”, various groups61. including the Truth Commission, Building trust across divided and language in the public and “There is a lot of political the Special Court and the and polarized communities is private spheres, and taking influence and competition. All The government can address Office of Missing Persons also a major challenge and places measures to enable minorities to the governments in Sri Lanka the issues of mistrust through depends on the participation an enormous responsibility develop these aspects of are like this. They are pretending ensuring that the process of and commitment of the on the Sri Lankan state given their identity. to be a good government but consultations is transparent and international community: its previous role in officially they are not”. inclusive so that the views of sanctioning racism and The right to participation in those most affected are taken “The Government won’t discrimination against the public affairs ensuring that Distrust within Communities into account. The creation of an listen to my views unless the Tamil and Muslim minorities, minorities can participate in enabling environment, which international community in order to reduce fear and decision-making processes that A further issue that emerged restores the trust of directly intervenes.” mistrust, particularly amongst affect them at the local and during the consultations was all citizens in the state and its minority groups. national level, particularly as the high levels of mistrust within institutions, will require regards how their communities communities, which is linked to political will and commitment Transitional Justice Expert, Paige are governed. the lack of trust Tamil citizens by the government. Arthur, in a project dealing with not only have in the State and Transitional Justice and identity These pillars also offer guidance its institutions but also to how Trust is major issue for in divided societies set out a on how Transitional Justice former comrades have been interviewees when considering series of pillars developed as mechanisms, including the turned into informers for the the composition of the tools that can be used to ensure process, participation, and state. Divisions between rival various transitional justice minority rights claims design would benefit from Tamil groups go back decades, mechanisms. While some a minority rights approach be it over ideology, strategy, witnesses were willing to which would require outreach power or money. Historically the consider the appointment specifically to minority groups, approach of the Government of Sinhalese and Muslims as allowing them to feed into also forced Tamils to take sides judges, commissioners and national consultations60. staunchly for or against the prosecutors, these witnesses 68 69 Acknowledgement National of crimes: consultations:

The issue of acknowledgement A holistic transitional justice various transitional justice remains a crucial issue for some framework which incorporates mechanisms as well as how interviewees who felt that a rights-based approach is best to craft recommendations it was important to include participatory and takes account on reparations66. In its Rule Sinhala representatives in these of the views of victims and of Law Tools on National mechanisms, so that they would their families. The Commission Consultations67, the Office of the acknowledge that crimes had on Human Rights64 affirms the High Commissioner for Human been perpetrated against Tamil importance of a comprehensive Rights (OHCHR) indicates that citizens63. The indicators for a process of national consultation, national consultations should successful transitional justice particularly with those impacted also be preceded by a tailor- programme must therefore be by gross human rights violations, made sensitization programme able to respond positively to the taking account of the so that those consulted have following questions: Does the particular circumstances the requisite information TJ programme build inclusivity? of every situation and in and understanding so that Has the process allowed for the conformity with international they can express informed participation of minority ethnic human rights standards65. viewpoints including on the and religious groups as well as transitional justice options open marginalized groups? Has the National Consultations if to them68. The ITJP sensitized government taken into account properly planned and conducted all interviewees about the confidence building measures in enable the voices of the most OISL report and the resolution order to build trust in the state marginalised to be heard regarding the transitional justice and its institutions? and taken into account. measures the Government of Sri National consultations also Lanka has committed to. These could include the facilitate local ownership of measures set out in the OISL the process as seen in South Who should be consulted? report’s recommendations. Africa, Liberia and Tunisia. A responsive state must take National consultations have Victims and witnesses to these indicators into account in not only determined the kind of past patterns of abuse and designing and implementing any transitional mechanisms to be oppression are regarded as transitional justice programme. adopted but also the sequence key stakeholders who should National consultations are and design of transitional justice an intrinsic component of mechanisms, the temporal this process. mandate to be covered by 70 71 Perspectives 73 of Interviewees on Transitional Justice . 73 . However this However . 74

75 processes. In the Sri Lankan In the Sri Lankan processes. of the sub-contracting context a civilian task to this process supportwithout proper team or a complete highlights resources on the part ownership lack of a and the lack of the State of strategy. coherent victims of war crimes and crimes victims of against humanity. warns against: De Greiff “The of instrumentalization justice measures transitional partisan narrow politicalfor purposes” that “undermine the one of of the legitimacy the for means available few societies in the of reintegration violations aftermath mass of and abuses.” Justice Programs Transitional beenhave most successful has provided when the State which consultations, proper for in important result input into legislation and implementation and to measures that seek to that seek to measures and to those of the recurrence prevent in the future” violations to mission 2016 his Following Special Rapporteur Sri Lanka, observed that any de Greiff needwould to mechanism the historical of account take against violations perpetrated both Sinhala community the and community Tamil and the that ensure would need to all communities target benefits all Sri the rights of strengthening citizens Lankan beshould not done on the basis between equivalence moral of victim communities but should the recognize serve to rather responsible for those violations; violations; those for responsible effective the equitable and to violations; the of reparation . . 72 71 a long swath of its history; to to its history; a long swath of prosecution, the investigation, those of and punishment also observed that while Sri also observed that others, has obligations to Lanka including the international its ultimately community, its own to obligations are citizens. “These include the obligations about the full truth the to right place during violations that took reflect the view that a military military that a view reflect the –settle far by – victory does not peopleall questions about how handled If together. can live has Sri Lanka of the case well, an constitute to the potential and for the region for example a sustainable how world of the bepeace achieved” to ought The Special Rapporteur has Reparations and the Guarantee and the Guarantee Reparations in his report Non-recurrence of to Sri visit his first following that: which noted Lanka, late of have “Sri Lankans decisions that open the taken important of progress possibility rights of of in the protection Those decisions all citizens. programmes overcoming the overcoming programmes face currently they obstacles While the government’s justice programme transitional it requires welcomed, be is to political and commitment This view national ownership. de Greiff, Pablo by is endorsed the Special Rapporteur on the Justice, Promotion of Truth, of programmes. The State The State programmes. of that ensure is obliged to accessible to is information these marginalized members of This includes communities. and capacity sensitization so that peoplebuilding are part in these take equipped to .

70

. The voices . 69

the design and implementation the design and implementation and who lack language skills. who lack language skills. and must bevoices included in These access to resources is restricted is restricted resources access to asymmetrical situations, where where asymmetrical situations, should pay specialshould pay attention in voices marginalized to National consultations National consultations

to achieving accountability for for accountability achieving to past violations. or family members is key members is key or family reprisals against themselves against themselves reprisals without fear of persecution and of without fear conducive to victims and to conducive testify witnesses being able to An enabling environment An enabling environment and participatory consultation issue of disappearances, through through disappearances, issue of informed genuine, of a process institutions dealing with the with dealing institutions seeking mechanisms and future seeking mechanismsfuture and in the design of all truth- in the design of recommended recommended victimsthat be included and their families The OISL Inquiry on Sri Lanka Inquiry on Sri Lanka The OISL Creating an Enabling Creating Environment

members in Sri Lanka. who remain linked to family family to linked who remain them to leave the country. This country. leave the them to groups diaspora for is also true of ongoing violations that forced forced violations that ongoing of war and have beenwar and have the subject heard as many of them have them have of many as heard the by been affected directly abroad whose voices whose voices abroad should be victims who and witnesses live neglected in this process are neglected are in this process essential to this participatory this to essential that is often group A process. of women and children are are and children women of consultations participate in national 72 The Right to Truth requires States, in the aftermath Perspectives of atrocities, to establish Perspectives on mechanisms and procedures empowered to seek information, on justice: ascertain facts and effectively truth recovery: reveal the truth about what has happened, thereby Interviewees interpreted “Justice is not the putting in contributing to the fight The OISL Inquiry found that the, Justice as a collective goal for jail of the killers of my father or against impunity, the Establishing the Truth about Tamils to have a place of their the people who tortured me. strengthening of the rule of law, “sheer number of allegations, those responsible for War own. Their notion of a state That won’t be proper justice. and ultimately reconciliation76. their gravity, recurrence and Crimes and Crimes against is not expressed as the need A separate state is the only Truth Commissions are bodies the similarities in their modus Humanity for a “separate” state but is solution that will prevent these usually established to facilitate operandi, as well as the intertwined with the notion of things from happening again.” Truth Recovery. consistent pattern of conduct Interviewees also demanded “never, never again” and the they indicate, all point towards that the Truth Commission assurance that the violations (Male Interviewee) Prosecution of the War by the system crimes.”77 establish the truth about the and suffering over the last Sri Lankan Military identity of those responsible decades will not happen again. Justice for most The Inquiry also found for extra-judicial executions, Justice therefore for many of interviewees entails the desire Interviewees were unanimous that these system crimes if enforced disappearances, the interviewees is connected for punishment. in their view that establishing proven before a court of law, torture and sexual violence, for to the need to be able to return the truth about the past was would amount to war purposes of prosecution. One to their homes, to a time before “All the wrongdoers should a priority and in particular, crimes and/or crimes against interviewee said: they were displaced by the war, be punished. My torturers establishing the truth about the humanity (depending on free from the surveillance and should be punished according manner in which the Sri Lankan the circumstances) and pointed “(President) Sirisena should scrutiny of the security forces to the degree of the crimes military conducted the final out that these were announce that he personally will and militarization. A few of the they committed.” phase of the war. apparently committed on appear in the Truth Commission interviewees did however express discriminatory grounds78. and tell the truth as he knows their desire for a separate state (Male Interviewee) Interviewees also expressed their it about his time as acting for Tamils such as Tamil Eelam. need to know the truth about Interviewees in this consultation defence minister in 2009, and For others, Justice is conceived what happened to loved ones collectively lost more than recall former army people who as an encounter between the whom they had to abandon in 101 relatives in the course of are serving as ambassadors in victim and perpetrators in order the war zone as they fled the the war79. While the Panel of foreign countries.” to find solutions. An interviewee advancing army, bombings and Experts Report on Sri Lanka articulated that he was not shelling. Did they die? suggested a casualty figure of (Male Interviewee) looking for an individual solution Were they properly buried and around 40 000, an internal UN but rather one for his people. if alive what happened to them? report suggests that as many Culpability of the What did the security forces do as 70,000 Tamil people lost International Community Many interviewees said they with their bodies? Interviewees their lives during the final phase understood justice to mean also raised questions around of the war80. The Sri Lankan The failure of the international collective justice, denoting what happened to those LTTE mechanisms set up after the community to respond to their justice for all Tamils. In terms cadres who were last seen or war have not succeeded in entreaties to stop the slaughter of how justice would apply heard of on the battlefield. establishing reliable casualty and intervene in the war during specifically to crimes committed They also raised the need figures and these figures remain 2009 was raised as a key issue against themselves individually to establish what happened to an outstanding issue. The high of concern by interviewees. they wanted the truth to be those who surrendered to the number of casualties has also In particular they expressed a established, prosecutions and security forces. been attributed to the blurring deep sense of betrayal about public acknowledgement. of the distinction between the international community’s Blurring of Distinction combatants and civilians, which withdrawal from the A theme emerging from these between Civilians and resulted in the killing of innocent LTTE-controlled Vanni in consultations is a pressing need Combatants Tamil civilians in the final phase September 2008. to address the structural issues of the conflict. 74 underpinning the conflict. 75 The Special Rapporteur has also those who enjoy superior and under duress including torture to feel safe. These responses stressed that the participation command responsibility should and were deeply conflicted emphasize how important Perspectives on of victims in the design of also be prosecuted as a priority. over this question. In some it is for the Government to prosecutorial strategies at This finding has implications for instances this may be because establish an effective witness international and hybrid courts future amendments of the law they too were compelled under protection program which will criminal has proven crucial in identifying establishing the Special Court, duress to become informers. require an amendment of the the array of possible violations87. as there is no provision for Responses reveal how effective current witness protection laws command responsibility under the government’s strategy has to comply with international justice process: Amending the penal code Sri Lankan Penal Code. been in infiltrating communities law and best practices. One The issue of superior and using informers to identify aspect of this is how such a Interviewees were adamant that command responsibility for LTTE members on behalf of the witness protection program will Criminal Prosecutions contribute system had a long history of war crimes and crimes against most interviewees must be security forces. Information guarantee and allow witnesses to the recognition of victims impunity for serious crimes. humanity must be prosecuted. understood in the context of from informers has resulted in to provide evidence and testify as rights holders, the re- Given the perception that the how systemic and structural the white van abductions, torture before any of the transitional establishment of trust in the judicial system was politically “Perpetrators need to be violations are and the relentless and rape. justice mechanisms not legal and judicial system, compromised, the OISL called prosecuted and punished, and manner in which Tamils were just in Sri Lanka but from strengthening of the rule for a “hybrid special court, a system established to ensure persecuted during the war and In almost every post-conflict abroad as well. of law and the promotion integrating international non-recurrence.” in the post-conflict period. For society the issue of informers of social reconciliation and judges, prosecutors, lawyers many it is about establishing the and those who collaborate with International involvement 81 cohesion . States have a duty and investigators”, and a (Male Interviewee) truth and understanding how it the government against their in evidence gathering to investigate and prosecute range of institutional and was possible and why they as a own people creates cleavages and investigations 83 violations of Human Rights legal reforms . The Sri Lankan Sri Lanka’s Penal Code does group were targeted in this way. and raises deep questions of and Humanitarian Law, government committed itself not include war crimes and This is also linked to the State’s morality. The South African Truth Interviewees stressed the which constitute crimes under to establishing “an independent crimes against humanity; failure to distinguish between and Reconciliation Commission importance of security and Domestic or International special court for war crimes” neither does it recognize civilian and combatant and to eventually decided not to list trust in the evidence gathering Law, in particular Genocide, with the “participation of command responsibility, joint treat all Tamils including civilians the names of informers as it was process. Interviewees said that War Crimes, Crimes Against Commonwealth and other criminal enterprise, and other as the enemy. usually the intelligence services they would be willing to provide Humanity, or other Gross foreign judges, defence lawyers, recognized theories of liability of the former Government who evidence only to international Violations of Human Rights, and authorised prosecutors and under international law88. This Prosecuting informers provided such information. This human rights groups as they including Summary or investigators” in the joint requires therefore that the State and paramilitaries issue has continued to divide placed their trust in them. This Extrajudicial Killings, Torture and 2015 UN resolution on legislate for the incorporation of and polarize South Africans over speaks directly to the issue of other forms of Cruel, Inhuman “Promoting Reconciliation, these categories of international The ITJP has in previous the years as allegations emerge including internationals in the or Degrading Treatment, Slavery, Accountability and Human crimes at a domestic level reports documented the role about informers who were staff component as per the 84 Enforced Disappearance, Rape Rights in Sri Lanka” . in order to facilitate the of Tamil paramilitary leaders deeply implicated in passing Sri Lankan Foreign Minister’s and other forms of Sexual prosecution of international in the war and post-conflict on information about human commitment in his September Violence, and other serious Victim participation crimes at a domestic level and period. The interviewees rights activists who were then 2015 statement to the Human violations of International in the design of through the ‘Hybrid almost all demanded that killed. The issue of informers Rights Council. This needs to Humanitarian law. Failure to prosecutorial strategies Special Court’ to be established Tamil paramilitary leaders and and collaborators in Sri Lanka be factored into the process investigate and prosecute in accordance with the informers be prosecuted for their remains a deeply divisive issue such violations gives rise to The Special Rapporteur for the Consensus Resolution89. crimes of complicity and their for Tamils. a separate breach of human Promotion of Truth, Justice, role in the ongoing persecution, 82 rights treaty law . Reparations and the Guarantee Superior and torture and sexual violence as Witness protection of Non-recurrence has stated command responsibility well as extortion. Many of the Establishing a hybrid that victim participation affirms interviewees felt strongly that The Special Rapporteur stressed special court the recognition of victims as Interviewees were adamant that this should include the crimes in his August 2014 report which rights holders and acknowledges those who were responsible for committed while under LTTE focussed on prosecutorial The OISL Inquiry found the crucial role they have their torture and violations must command as well as while strategies to the Human that the Sri Lankan judicial played in initiating procedures be identified and prosecuted. working for the Government. Rights Council that victim and in collecting, sharing In addition when questioned However interviewees were and witness protection is an 85 and preserving evidence . He about what they meant by divided over the issue of important precondition for emphasized that their demands the ‘actual’ perpetrators, they prosecution in cases where Tamil justice90. Interviewees stated for justice contribute to the also expressed the view that informers themselves acted that it was imperative for them 76 guarantee of non-recurrence86. 77 and the composition of the War Crimes with international investigation unit. involvement and participation in response to the consensus Perspectives on “Allow international monitors UN Human Rights Council to help create space for Resolution on Promoting investigations to be done. People Aaccountability and Human the missing and the will not give information to Rights in Sri Lanka in September Tamils or the Government. They 2015, President Sirisena will give to international human reneged on this commitment, disappeared: rights organisations if done face stating: “I will not agree to get to face and confidentially.” foreign judges in to any kind of investigations into human rights (Male Interviewee) violations allegations”91. Tamil interviewees have stated clearly Both the South African that they will not be able to and Sierra Leone Truth participate in a process in which The distinction between a include people captured during Disappearances has pronounced Commissions as well as the the international community person who has gone missing, conflict; combatants missing that States are not bound to Special Court of Sierra Leone is not involved. Interviewees and a person who has been in action (MIAs) who probably the definition contained in the included internationals in the stipulated that they wanted at disappeared lies in the intention died during combat; victims Declaration on the Protection investigation and research least fifty percent of all of the of the crime, as an enforced of mass killings; bodies not of All Persons from Enforced units as well as other staff judges of the Special Court disappearance is almost always properly identified and buried as Disappearance97 but should components. The rationale to be drawn from the part of a systematic policy of unidentified people; displaced ensure that the act of an behind this is to build trust and international community. making people disappear. people and refugees and victims enforced disappearance is ensure that there is expertise in This distinction is of importance of natural catastrophes95. Under defined in a way that clearly societies where a lack of trust “The majority of judges in for the establishment of the international law families have distinguishes it from related may inhibit the transitional any special court should be Office of Missing Persons the right to know the fate of offences such as abductions justice process. international. I don’t always (OMP) in Sri Lanka regarding their missing relatives. and kidnapping98. States are believe in my own community criminal accountability of also required to ensure that Appointment of judges to the and not the other communities those responsible. Enforced disappearances appropriate measures are hybrid special court so we need international established by law in order to involvement.” Missing persons An “enforced disappearance” investigate acts comparable Despite the Government of Sri however occurs when “persons to enforced disappearances Lanka’s stated commitment (Male Interviewee) The International Committee are arrested, detained or committed by persons or groups to establishing a Judicial of the Red Cross (ICRC) defines abducted against their will of persons acting without mechanism in the form of No blanket amnesties missing persons as, or otherwise deprived of the authorization, support or a ‘Hybrid Special Court’ for their liberty by officials of acquiescence of the State Accountability for war crimes “those whose whereabouts different branches or levels of and to bring those responsible and crimes against humanity are unknown to their families Government or by organized to justice99. remains a key concern for and/or who, on the basis of groups or private individuals witnesses and this was reliable information, have been acting on behalf of, or with Families of the disappeared are underlined by their assertion reported missing in connection the support, direct or indirect, in need of a responsive State that amnesties should never be with an international or non- consent or acquiescence of willing to ensure that their considered for those responsible international armed conflict, the Government, followed by rights are protected and that for war crimes and crimes a situation of internal violence a refusal to disclose the fate the fate and whereabouts of against humanity including or disturbances or any other or whereabouts of the persons loved ones who surrendered those who committed rape or situation that may require the concerned or a refusal to into the custody of the security murder, extra judicial killings, intervention of a neutral and acknowledge the deprivation of forces are established and the genocide or war crimes. Some independent intermediary93”. their liberty, which places such truth about the disappearance added that those who had persons outside the protection attacked civilians or those Missing persons can refer to of the law”96. surrendering should also not be people who are either dead or given amnesty92. alive94. Missing persons may The Working Group on Enforced 78 79 communicated100. Interviewees (WGEID) on return from flouts the advice of the Working expressed the need for the their visit to Sri Lanka in Group as well as the Special State to publish a complete 2015 observed that enforced Rapporteur who not only set Sequencing: list with the names of the all disappearances have been used out the need for consultations of the disappeared and to in a massive and systematic way but also ensuring input from indicate whether their loved in Sri Lanka for many decades victims and their families in ones are alive or in the custody to suppress political dissent, the design of the transitional of the security forces or dead. counter terrorist activities, or justice mechanisms. The haste Interviewees also demanded in the context of the internal and manner in which the OMP that the Government armed conflict101. WGEID noted has been established fuels acknowledge the crimes that enforced disappearances suspicion about the motives of perpetrated against them by were even used for purely the Government and deepens their security forces. A third of economic extortion during distrust amongst the Tamil the interviewees had personally and after the war by some victims and civil society. Given the multiple violations Best practice suggests that experienced the disappearance State officials and that victims and the families of appointments to the OMP of a family member after affiliated paramilitaries102. A leaflet published by the the disappeared have suffered should be made in close surrendering or being handed Government indicates that it may be necessary to consider consultation with families of over into the custody of the Office of Missing Persons under the OMP process, the issue of sequencing. the disappeared who must security forces at the end of the (OMP) prosecutions relating to The current assumption be consulted and allowed to war in May 2009. enforced disappearance will that the Transitional Justice participate in the nomination, The Office of Missing Persons be dealt with by another process should begin with the vetting and screening, Observations of the Working (OMP) is one of four transitional Transitional Justice mechanism. establishment of an OMP should shortlisting and interview Group on Enforced or justice mechanisms that the The leaflet uses the terminology be thoroughly canvassed as process prior to appointments. Involuntary Disappearances Government of Sri Lanka of “tracing inquiry” which it may well be more rational Interviewees expressed (WGEID) committed to establishing may be appropriate to dealing to begin with an investigation their skepticism that this with the assistance of the with missing persons but is by the Truth Commission process will work. The Working Group on Enforced International Committee of not consistent with the State’s before a referral is made to or Involuntary Disappearances the Red Cross (ICRC)103. This obligations to investigate and the OMP. While families of the “I don’t think they will able to mechanism was established by clarify the whereabouts and disappeared have been much implement this accountability the Sri Lankan Prime Minister fate of the disappeared and to more vocal inside Sri Lanka plan properly. Here they say on 25 May 2016 and approved identify and prosecute those about the need for justice than they will have an office for the by Cabinet. The Working responsible105. If the OMP is other survivors of torture or missing with the help of ICRC. Group observed that previous to deal with the crime of an sexual violence who have been But when I was in detention Commissions of Inquiry in Sri enforced disappearance, it utterly silenced, the current and rehabilitation the IOM Lanka had suffered from a will need to have investigative construction of the OMP may be [International Organisation lack of credibility, pointing powers including the powers prejudicial to their cause. for Migration] were considered out consultation with and of search and seizure and part of the UN organisations participation of those affected subpoena. If families of Tamil survivors who searched and they came and gathered by the violations is essential victims are to appear before for answers about “disappeared our information but the people not only to secure legitimacy the OMP witness protection family members” have in the IOM vehicles were all and support from those most remains an unresolved issue. themselves suffered torture at Sinhalese and they couldn’t directly affected but also The Government also needs the hands of the security forces. even type our names or village because truth, justice and to clarify the relationship names. We were told they are all reparation processes depend, between the OMP and the other Civil society groups in Sri Lanka Sinhalese and also CID people to a large extent, on the Transitional Justice mechanisms have also emphasized that who impersonated IOM staff to willingness of victims and others and in particular the role of transparency and independence gather information.” to participate104. the Hybrid Special Court in are crucial in the establishment ensuring that those responsible of this mechanism, as well as (Male Interviewee) Regrettably the OMP has for enforced disappearances are its processes and the method been established without identified and prosecuted. for appointing members of consultations and input from this structure and the manner victims and their families. This in which it conducts its work. 80 81 Reparations programmes seek to redress systemic violations Building complementarity of human rights by providing Perspectives on a range of material and symbolic benefits to victims. and linkages Reparations include monetary reparations: compensation, medical and psychological services, between transitional health care, educational support, return of property or perpetrated against them. violations were committed compensation for loss thereof. During the consultations in the past, that they caused justice mechanisms: Reparations can also include interviewees articulated their serious and often irreparable official public apologies, building needs arising from the harm harm to victims, and that the museums and memorials, suffered as a consequence State, a group, or individual and establishing days of the violations perpetrated apologizing and accepting some of commemoration106. against them. or all of the responsibility for The experience of Sierra Leone sequencing, as well as linkages. what happened is an important found the Transitional Justice An example of this is the need to States are required to develop “I am worried, anxious, aspect of Transitional Justice. mechanisms such as the Truth clarify which institution will deal a comprehensive reparations depressed and have horrible and Reconciliation Commission with investigations of Enforced programme when implementing dreams. I dream about my In several countries leaders have and the Special Court for Disappearances given that the Transitional Justice programmes. torture and about being apologized to the nation for Sierra Leone established and OMP will not deal with criminal This includes initiatives to suffocated. I have body pain the violations suffered by the operating side by side. Although justice issues. Will it be done by memorialize victims, educate in my back and lower legs and victims and have committed these were complementary the Truth Commission or will society and preserve historical soles of the feet.” to measures to ensure that mechanisms, key questions an Enforced Disappearance be memory. Reparations provide they never happen again107. arose related to which referred to the Hybrid Special acknowledgment of the (Male Interviewee) Apologies alone are insufficient mechanism had primacy, the Court. Most Truth Commissions wrongdoing to victims and and do not provide sufficient sharing of evidence between have followed the South provide recognition to the National Consultations could reparation to victims of serious the two bodies and access to African example of naming victim. The most successful also establish the scope and violations. While apologies witnesses. Donors too were perpetrators and referring cases reparations programmes are size of the victim/survivor have value in themselves and confronted with questions of to prosecution. Is this going to designed in consultation with community with a view to can address both moral and which institution to fund. The happen in Sri Lanka? victims. The Government of establishing immediate needs physical harm, they should be two institutions had a major Sri Lanka has committed to and priorities paving the way combined with material forms spat regarding the Interviewees expressed the establishing a reparations for a program on urgent interim of reparation. In particular, care testimony of one of the key view that it was essential for office to address the issues reparations. This would also needs to be taken to ensure that accused of the Special Court, the Truth Commission to refer of reparations. pave the way for the Office a disproportionate emphasis on Chief Hinga Norman, cases to the Special Court for of Reparations to conduct a apologies does not diminish the before the Truth Commission. prosecutions. They also raised Interviewees consulted on needs assessment, which would likelihood that other reparative This issue raised critical concerns about security and reparations considered provide a basis for discussions measures, such as restitution questions about relationships trust - this was a common accountability and truth on reparations. This should and medical care, will be between Transitional Justice theme of all of the interviews. recovery more important than include recent victims outside implemented, to help limit the mechanisms when they operate Most interviewees expressed the reparations and said they did the country some of whom are long-term harm caused in the same context. view that the Hybrid Special not believe that compensation still in dire need of help. to victims or address their Court and the Truth Commission can bring the dead back to life physical needs108. Given that Sri Lanka will should be established within or compensate for the suffering Apologies have four key mechanisms one year to allow for national they experienced. They also do established there is a need consultations as well as not believe that the government Official public apologies are now to consult on the question of consultations abroad. There will ever address their suffering recognised as an important were those who felt that the and expressed the view that symbolic element of reparations process of establishing they would not want to accept and a Transitional Justice policy. these mechanisms should take compensation without an The public acknowledgement as long as necessary to build acknowledgment of the crimes by leadership that human rights 82 effective mechanisms. 83 bulldozed, with army camps built on the earth where they Memorialization: lay. This is just one more sign Views on testimony of for them that there is neither compassion nor willingness to allow them the right to honour exiles before transitional the dead, the right to mourn The Joinet/Orentlicher principles Sri Lankan Army war and erect their own memorials acknowledge the integral role of monuments in the place of their birth, in justice mechanisms from memory and memorialization their land that is now under in truth recovery as a collective The callous erection of war military occupation. In this right to the truth owed to memorials in the Vanni by context how is reconciliation, outside of the country: societies and as a tool to Sinhala Security Forces, which is a national imperative, guard against revisionism and accompanied by war tourism, possible? negationism109. Memorialisation constitutes a violation of the is seen as an important rights of the Tamil community. In 2015 the newly elected Sri component of reparations. Interviewees reacted extremely Lankan government indicated The United Nations Basic negatively when questioned that it was departing from the Principles on the Right to about these war monuments triumphalism of the Rajapaksa a Remedy and Reparation and have said that the statues regime in the way it marked recognizes “commemorations honoring the government’s the anniversary of the end and tributes to the victims” military victory in 2009 and are of the war, 18 May 2015112. All the interviewees in this Perspectives on Security and as a form of reparation110. an insult to them: However Tamils who hosted study are victims or witnesses Ongoing Harassment and Fear events in North and East of of war crimes or crimes against of Reprisals Memory and Memorialisation “Sri Lankan military memorials Sri Lanka in 2015 marking the humanity. They were asked if in the context of the Right to were built to celebrate victory anniversary reported that they they would consider testifying A key consideration is the safety the Truth are crucial to the over Tamils and to show continued to face considerable long-distance through video link of family members inside Sri preservation of history. The we are defeated. It makes me harassment and intimidation up to a Truth Commission inside Lanka. None would agree to right of communities to honour feel angry”. from the security forces despite Sri Lanka or a Special Court, have a Sri Lankan government the dead is fundamental to Government’s official policy. official present sitting in the their sense of identity and (Male Interviewee) if their safety and anonymity were guaranteed. The majority room with them abroad when human dignity111. However Interviewees also said it was indicated that they would be giving testimony. memorialisation also involves Commemoration, mourning important to them to remember willing to testify through video contestation between forces and desecration of graves dead comrades on the LTTE link up, from behind a screen, Some Interviewees said the calling for forgetting and those Heroes Day on 27 November. risks meant they would only calling for remembering. It’s an The LTTE had 20 graveyards without using their names or identifying details, and in some submit written testimony113. intensely political action, which across the North East Sri Lanka “On Heroes’ day we cases with their voices disguised. Others said the details of their has the potential to contribute in the areas they controlled commemorate our lost friends – Given many are survivors of case would identify them114. to the struggle against impunity. comprising thousands of graves we gather in the cemetery and sexual violence anonymity is A mechanism that could It is also important for the next and commemorative plaques cry. Now parents of children essential. Some interviewees possibly be considered is that generation to understand the for LTTE fighters. Without who were in the LTTE cannot also suggested that they provide of “Letters Rogatory “ also reasons for the conflict and how exception, every single one go anywhere to mourn – they written statements only. known as letters of request. the underlying causes continue was bulldozed after the war are even banned from lighting They constitute a request, to perpetuate violence. resulting in the desecration of candles. Memorials are really “It is not safe to give evidence from one judge to another, a staggering number of graves important but the Sri Lankan in Sri Lanka – we may face asking for the examination of Perspectives on and commemorations for the Army ones are there to prosecution. We can’t trust a witness by commission in the memorializsation dead. This constitutes a crime destroy our identity and I cannot under international law. For these people – they may jurisdiction which is foreign to accept them”. 115 many Tamil families in the allow at the time but later they the requesting court . may harass or pose a threat to North and East of Sri Lanka (Male Interviewee) the dead fighters were their our life.” children - their bones have been 84 (Male Interviewee) 85 87 Furthermore the failure to to the failure Furthermore Sri with the broader engage on the Sinhala society Lankan whole society the dividends for in a disengagement has resulted Sinhala society the majority by persecution well as a sense of as the international at the hands of This perception community. persecution has also beenof whipping up the fuelled by nationalism and hostility of of the involvement towards community the international within the some elements by an creating Government, that is incredibly environment course Of hostile and resentful. Persons (OMP) without the without (OMP) Persons participation consultations and those members of with family beenwho have disappeared deepensfuels and distrust the is a There in the Government. the Government that perception itsis disingenuous in public speeches Transitional treating public policy Justice as a foreign Government exercise. relations in in Geneva, Communications are and Washington York New to the message different quite at home. communicated has The Sirisena Government engage in to date to failed the Sri with dialogue a real on their forces security Lankan The war crimes. for culpability the message to President’s is that they Forces Security and that ‘war heroes’, are any by bewill not tainted they This process. accountability appeasement intended of policy has not assuage their fears to well as served forces security the sense them a false it has given will never that they security of war crimes with the deal to have perpetrated. . 116 Justice policy which should Justice policy sector reform include a security as well. programme Ranil Prime Minister, recent Wickremesinghe’s the terms of repudiation the consensus Human of Rights Council Resolution that the Hybrid Special Court accountability (Government’s will be a domestic mechanism) include mechanism and not Judges has been chilling foreign our interviewees victims, the for This coupled and civil society. of approval with the Cabinet’s of Missing on the Office a law The interviewees who participated have study in this been Sri leave compelled to war the because of Lanka ongoing repression and the experienced in the post-war period links their because of Tamil support for the LTTE, to as nationalism or involvement of Many war crimes. witnesses in also beenthem have tortured, in violated and sexually raped the post-conflict the periodby This sample forces. security a fraction of only represents post- who leftthose Sri Lanka number many who likely 2009, thousands now and perceptions deficit, Trust promises broken of in all common thread A interviews conducted is the in the trust lack of total This and its institutions. State has been and betrayal distrust by years the over exacerbated violations and the the ongoing occupation military continued Sri the North of of and East has The Government Lanka. a holistic establish to failed Transitional comprehensive

Conclusion 86 Recommendations 89

oversight body should be body oversight and monitor facilitate to created such reforms. of victims to reparations and to and to victims reparations to of behindthe truth past conflicts. that the It should require under to mechanisms agreed are Resolution the UNHRC Finally under law. established of the reforms it should require responsible institutions state past and ongoing human for constitutional A rights abuses. and East of the country, as well as the country, of and East as war tourism. Sri Lanka’s of test The ultimate accountability to commitment non- of and guarantees which to is the extent repetition will require reform constitutional a At be taken. to such measures constitution minimum the new the rights guarantee to ought against them and family against them and family Van” members include “White and rape torture, abductions, as well as violence, sexual surveillance, the continued and reprisals harassment leftagainst families behind in This is compounded Sri Lanka. war triumphalist the by in the Northmemorials erected those who own it. This calls it. who own those commitment question the into build a to the Government by and Tamils which in society new as citizens. a stake Muslims have what the interviewees For distrust this exacerbates is the ongoing repression with violations perpetrated and East of the country had had the country of East and the political demonstrated they the measures implement will to which inquiry, the OISL set out in building confidence constitute as demilitarizing such measures, the the North of East and land to country and returning

distrust of peopleNorth in the of distrust could have addressed the addressed could have on participation and national The Government consultations. normative framework that exists that exists framework normative is in direct contravention of the of is in direct contravention views and perspectives not This shaping these institutions. been consulted resulting in their been resulting consulted dissatisfaction at not having dissatisfaction at not in the North and East of the in the North of and East their indicated country have of these mechanisms. People People these mechanisms. of affected by the establishment the establishment by affected of our interviewees are directly directly our interviewees are of Tamil victims including many victims many including Tamil the entire society. the entire Justice program should benefit Justice program his report following his first visit his report his first following Transitional that a Sri Lanka to Rapporteur Pablo de Greiff in de Greiff Rapporteur Pablo and is alluded to by the Special by and is alluded to imperative for the way forward forward way the for imperative out what the dividends are what the dividends are out This is whole society. the for inclusive plural society, spelling society, plural inclusive the necessity of building an building of the necessity The Government has, to date, date, to has, The Government on internally engage to failed

with the full rights as citizens. as citizens. with the full rights Muslims as Sri Lankan citizens Muslims as Sri Lankan of an inclusive society and society an inclusive of and Tamils of the recognition Non-Recurrence, the building Non-Recurrence, aspect of the Guarantee of of aspect the Guarantee of the rights of Tamils and Tamils of the rights This is an important Muslims. should have to accommodate accommodate to should have there is no reason that they they that is no reason there the Government won the war, the won Government the war, majority Sinhala community Sinhala community majority that if forces security and the perspective shared by the perspective by shared cannot wish away, is a general a general is away, wish cannot what we never discuss but discuss we never what 88 1. Confidence Prioritize the return of private integrity of those appointed 2.1 Domesticating War Crimes professionalism of the law and a new 900 strong Sri Lankan building measures land, which has been occupied to the Witness Protection order forces, and reduce the contingent was at the time by the military and end military Authority. The establishment of Enact legislation to criminalize role of the military in internal of publication of this report The Government of Sri Lanka involvement in civilian activities. a Witness Protection Authority war crimes, crimes against security matters. Any plan to be dispatched to Mali120. needs with immediate effect According to statistics made should be supported by the humanity, genocide and should incorporate consultations In designing an appropriate to institute confidence building available by the Prime Minister international community enforced disappearances, with victims and citizens whose vetting and screening process measures which include what in his recent interview, some and resourced appropriately. without a statute of limitation. rights have been violated by the due regard should be given to the OISL Inquiry recommended. 58.73 acres of private land in The proposed legislation Enact various modes of criminal security forces. the ‘Independent Review on the Jaffna area (outside the should provide for specialized liability, notably command or Sexual Exploitation and Abuse 1.1 Publicly declare a zero High Security Zone) are still protection measures for children superior responsibility; 2.3.2 Clarify role and chain by International Peacekeeping tolerance policy on rape, being occupied117. This is besides and victims of sexual violence. of command Forces in the Central African torture, sexual violence and an extent of 86.22 acres of 2.2 Domesticate the Republic’; Resolution 2272 other human rights violations state land that is over and 2. Creating and international covenant on the Clarify the roles and chain of endorsing special measures above the extent where military enabling environment for protection of all persons from command for all branches of to prevent and combat sexual The Government should issue installations existed. Whilst some transitional justice enforced disappearances the security forces, including the exploitation and abuse by a clear and unambiguous of the land area has served as a different intelligence services, United Nations peacekeepers message to all branches of buffer, new cantonments have In unpacking the Transitional Incorporate at domestic level the Criminal Investigations and the Secretary General’s Zero the security forces to desist been established in others118. Justice framework that the the International Convention Department (CID), the Terrorism Tolerance Policy on from perpetrating torture, Government has outlined, a on the Protection of All Persons Investigations Division (TID) and Sexual Exploitation121. rape, sexual violence, enforced 1.4 Prevention of Terrorism common thread has emerged - from Enforced Disappearances Special Task Forces. disappearances and “white Act (PTA) the failure of the Government to and criminalize the crime of 2.3.4 Disarmament van” abductions as well as create an enabling environment Enforced Disappearances, 2.3.3 Vetting and and demobilization of other human rights violations. Initiate a high-level review of for any Transitional Justice the Additional Protocols to screening process paramilitary groups This message should be made the Prevention of Terrorism Act programme to thrive. What is the Geneva Conventions public and include an explicit (PTA) and its regulations as well marked is the issue of who is in and the Rome Statute of the Develop a fully-fledged vetting Take immediate steps to identify instruction that Commanders as the Public Security Ordinance charge - is it the Prime Minister’s International Criminal Court119; process with respect to due and disarm groups affiliated will be held responsible for the Act with a view to their repeal office or that of the Foreign process to remove from office with political parties and sever violations perpetrated by lower and the formulation of a new Minister and who decides 2.3 Determine an appropriate military and security force their linkages with security ranking members under their national security framework fully what the policy issues are? The security sector reform policy personnel and any other public forces, intelligence services and command. The prohibition complying with international manifest lack of ownership has official in instances where there past funding by the Sri Lankan should be unequivocal and law. Already there are rumours sent mixed incoherent messages The OISL report confirmed the are reasonable grounds to Government authorities. clear, stating that, subject to that new draft of the Prevention as have hastily constructed laws need for the Government of believe that they were involved due process, anyone suspected of Terrorism Act already exists and policies. This is evidenced Sri Lanka to develop with some in human rights violations. 3. National consultations of being involved in such acts on which there has been no by the establishment of the urgency a comprehensive plan will immediately be suspended consultations to date. OMP without consultation, for security sector reform. The 2.3.3.1 Importance of vetting National Consultations until the investigating has been as well as the announcement security forces have recently for peacekeeping on Transitional Justice are completed and the matter 1.5 Witness protection law on the “domestic court” in clear questioned the Prime Minister considered a pre-requisite for referred for prosecution. violation of a commitment about whether they could be Ensure that all Sri Lankan developing an appropriate Review as recommended by the made at the Human prosecuted jointly or individually, security forces personnel Transitional Justice policy and 1.2 Declare an end to the OISL, the Victim and Witness Rights Council. highlighting the need to engage joining UN Peacekeeping programme under international ongoing surveillance, Protection Act with a view to with them on the Transitional Missions have been properly law. This process in Sri Lanka has harassment and reprisals aligning it with international There is a need for ownership Justice Programme which will vetted and screened in order to to date privileged elite interests against civil society standards and best practices, and the implementation affect them at a fundamental establish that those including over the marginalized and activists, human rights incorporating better safeguards of a range of pertinent level. commanders and officers have excluded, such as Tamil citizens defenders and journalists. for the independence and recommendations regarding not been involved in War Crimes whose rights to accountability effectiveness of the witness the environment in which the 2.3.1 Design of a security and Human Rights Violations have been violated. The approval 1.3 Demilitarize the north and protection programme. This Transitional Justice measures will sector reform plan or other Criminal Acts. This by the Cabinet in Sri Lanka of east of Sri Lanka and return should be complemented by the be enacted. These include the has Important ramifications legislation establishing the private land appointment of officials who following: Develop an overall plan for for both the United Nations OMP without any consultations will be vetted and screened with security sector reform in and the Sri Lankan security public participation in order to order to ensure the civilian forces given their past record ensure the independence and nature, independence and in Haiti and speculation that 90 91 with the families of 3.2 Transparency the PTA you could be prosecuted that may hinder the active responding to issues raised by testimony. The Government Disappeared and civil society is and participation if you were a member of the participation of vulnerable and them in regard to accountability of Sri Lanka needs to consider deeply problematic. LTTE and testified without marginalized groups in decision- mechanisms. This offers the the giving of viva voce (oral) Consultations should be the necessary provisions making. Security Forces an opportunity or recorded testimony of a 3.1 Conduct national conducted in an open guaranteeing protection to engage with the issues. witness by means of video or consultation in accordance transparent and participatory through immunity. Another 3.8 Gender audio technology, as well as the with international human manner. Consultations issue is the confidentiality of 3.12 Participation of introduction of documents or rights standards should focus on the design information relating to the Ensure that participation Sri Lankan exiles in the written transcripts, subject to and implementation of such personal data of protected takes account of gender transitional this Statute and in accordance The Government of Sri Lanka measures consistent with witnesses within witness and that data collected is justice mechanism with the Rules of Procedure and should conduct National accountability and democratic protection units and should not disaggregated to ensure that Evidence. Lessons should be Consultations on the values promoting inclusions and be included in the investigation gender differentials are taken As this consultation with learnt from the IIGEP process on Transitional Justice process in the rights of all citizens. files, but are made available into account in the design and Sri Lankan exiles has revealed, the issue of video testimony122. accordance with international to the prosecution or the truth implementation plans of the they would like to participate accepted practices as set out in 3.3 Engage all stakeholders commission investigation unit different Transitional Justice in the Transitional Justice 4. Transitional the “OHCHR Rule of Law Tool on on request. Mechanisms. process. The ITJP will ensure justice mechanisms National Consultations” taking Consultations should involve all that their perspectives on account of the Observations the key stakeholders, including 3.6 Minimum standards policy 3.9 Child combatants the Transitional Justice process 4.1 Law establishing the made by the Special Rapporteur victims and witnesses of are communicated to the truth commission on the Promotion of Truth, past patterns of abuse and That the Government of Sri The Consultations should seek Task Force on Consultations in Justice, Reparations and oppression whether in Sri Lanka Lanka establish and enforce to engage with those who Sri Lanka and the Minister of Consultations on legislation Guarantee of Non-Recurrence or abroad; ensuring that they minimum standards in respect were Child Combatants at the Foreign Affairs. establishing the Truth pursuant to his visits to Sri Lanka are provided with the requisite of participatory processes, time of the conflict, on their Commission should precede in 2015. The Special Rapporteur information of the transitional particularly for people experiences and how their 3.12.1 Testifying from abroad any drafting so that the aims emphasised that, justice options open to them as marginalised and excluded, participation can be reflected and objective, the mandate well as the specific purpose of allocating adequate resources and taken account of in the Sri Lankan exiles from abroad and operations of the Truth “Consultation with those the consultations, so that they to facilitate participatory Transitional Justice processes. should be allowed to participate Commission are designed in affected by the violations is can express their views on an processes, particularly with in the Transitional Justice consultation with victims. A key essential from a conceptual informed basis. regard to previously excluded 3.10 Consultations should process including giving issue is victim centred processes standpoint for rights cannot and disadvantaged groups. In reflect a plurality of voices evidence before the Transitional which ensure that the rights simply be foisted but need to 3.4 Culturally many countries which have gone Justice Mechanisms. of victims are prioritized and be exercised. Citizens cannot be sensitive processes through these processes the Ensuring that the consultation Interviewees expressed the mainstreamed throughout simply presented with ‘solutions’ consultation authority provided report reflects the voices of view that they would be the process. Families and Civil in the design of which they were Consultations should be travel expenses for people to victims and witnesses, at willing to participate from Society particularly those with given no role”. conducted in a manner that attend the public meetings. the same time ensuring their abroad provided that their lived experience in the North is culturally sensitive to local In countries that have security in order to prevent testimony takes place in a and East of the country must The Government of Sri Lanka conditions, demonstrating undergone these processes, the them from being exposed confidential environment be consulted. Issues that should must ensure that national respect for victims. consultation authorities have to retaliation. All of the ITJP in which their identities are be considered include the fact consultations move beyond provided participants either interviewees were guaranteed protected. Confidentiality finding mandate, the naming of perfunctory tick box and 3.5 Enabling environment with the logistics or covered anonymity and confidentiality. and the protection of names, hearings, confidentiality tokenistic approaches and travel expenses to attend public identity are common to the proceedings, powers of search enable local participation of That the Government of meetings. 3.11 Consultations with the work of Transitional Justice and seizure, subpoena, the the most marginalised and Sri Lanka create an enabling security forces mechanisms. The Government public nature of hearings, access vulnerable. To date consultations environment for participation 3.7 Participation of women of Sri Lanka should explore to archives of all respective have been limited to an online through adoption of appropriate The Government of Sri Lanka in consultation with the departments particularly with process as well as a laws and establishment That the Government of Sri should with immediate effect international community regard to the war. Access to the few meetings mainly with of institutions, in which Lanka ensure that participatory initiate discussions with how this could be secured. OISL archive as well as archival elite groups. confidentiality is promoted processes are designed and the Security Forces on the Examples of best practice material gathered by the ensuring that people are not at implemented to ensure the full proposed Transitional Justice include the Liberian example international community. risk of violations or prosecution participation of women, taking mechanisms with the specific of Diaspora testifying abroad for anything they might say. account of gender differences purpose of obtaining their views as well as the use of Rogatory Under the current provisions of and other forms of inequalities and perspectives as well as Letters which can secure such 92 93 4.2 Law establishing the well as the findings of all as well as a division of labour on Enforced Disappearances were based on confessions must be ensured. The Truth hybrid special court Commissions of Inquiries with the other mechanisms. The which is to investigate acts of extracted under torture. This Commission and the OMP which have identified specific challenge that exists currently enforced disappearance and should also include the cases of must facilitate access to justice The Government should cases, and refer these cases is that Cabinet has already bring those responsible those who have become lost in for crimes such as Enforced immediately clarify its intentions to the Special Court upon approved the establishment to justice. the current prison system. Disappearances. Investigations in respect of the consensus its establishment; initiate of the OMP without consulting must be conducted in Human Rights Council resolution prosecutions in all cases in which with those most affected. 4.3.4 Prior Steps to be 5. Principles to be accordance with international regarding the inclusion of the Presidential Commission The Government needs to Taken before the OMP incorporated in establishing standards. foreign and Commonwealth to Investigate Complaints immediately move to reassure becomes fully functional all of the transitional Judges as well as international Regarding Missing Persons has victims and their families as well justice mechanisms 6. Composition of transitional involvement. identified perpetrators and as Civil Society that they will Ensure that prior to the justice mechanisms prima facie evidence. The OISL conduct a proper consultations establishment of this Office, the 5.1 Victims’ right to truth In drafting legislation the also has an archive regarding in order enabling them to have Government of Sri Lanka take must be fulfilled and cannot 6.1 Comply with consensus Government of Sri Lanka should units involved in the crimes a voice. the following steps: be compromised UNHCR resolution on ensure National Consultations committed as well as names including internationals are concluded before drafting, of alleged perpetrators. Any 4.3.2 Transparency in the Review all of the cases Victim families have the in order to ensure the input of mechanism established should process of establishing and submitted to the Disappearance right to know the fate and Ensure that the GOSL complies victims and Civil Society in the explore how access to these operationalizing the OMP Investigation Unit where the whereabouts of the disappeared with its commitment in terms process. This consultation has kinds of archives should be courts subsequently acquitted or missing person, and to of the UNHCR resolution confirmed that the interviewees facilitated. This should include Now that the Government the accused, to identify know the identities of persons of October 2015 to ensure have perspectives that should satellite footage. of Sri Lanka has published those which require further who bear responsibility for that appropriate qualified be taken account of. its proposals on the OMP it investigation, including chain the disappearance. They also international professionals 4.3 Office of missing persons should ensure that appropriate of command responsibilities have the right to have remains with proven independence Adopt specific legislation (OMP) consultations take place with and the Missing Persons Unit returned to them in case of and integrity are appointed establishing an ad hoc hybrid the affected families by the Zonal and All Island death. Moreover, families’ right as judges to the Hybrid special court, integrating 4.3.1 The Government must and communities on the Commissions, including cases to be informed on the progress court and ensure the same international judges, ensure that it develops a draft proposals. where the courts subsequently and results of investigations requirements are demanded of prosecutors, lawyers and comprehensive transitional acquitted the accused, must be protected. Article 24 the Commissioners of the Truth investigators, mandated to try justice plan which 4.3.3 Reasonable period for to identify those which of the Convention of Enforced Commission and members of war crimes and crimes against situates the OMP within comment and consultation require further investigation, Disappearances125 which the OMP. humanity, including sexual that framework. including chain of command the Government signed and crimes and crimes committed The Government of Sri Lanka responsibilities; recently ratified. 6.2 Involvement of against children, with its own The OMP is a complementary should also inform victims and international community independent investigative and Transitional Justice Mechanism their families as well as Civil Review all the cases of the 5.2 Collective dimension of in establishment prosecuting organ, defence to the Truth Commission, the Society that they will announce more than 11,000 individuals the right to truth office, and witness and victims Hybrid Special Court, and a reasonable period of time perceived or known to be Ensure the inclusion of the protection programme. Office of Reparations that for National Consultations linked to the LTTE reported The Transitional Justice international community in Resource the court so that should be established within to take place on the OMP to have been registered and mechanisms must also the appointment and selection it can effectively try those the context of a comprehensive as well as on the remaining rehabilitated to account for recognize the collective of Hybrid Court judges; responsible. Transitional Justice plan. Transitional Justice mechanisms. their current whereabouts to dimension to the Right to Truth, Commissioners serving on Consultations should consider Such consultations should ensure that none subsequently and give effect to a society’s the Truth Commission and Undertake a comprehensive how these mechanisms will build take account of the fact that disappeared124. right to know the details OMP members must include mapping of all pending criminal complementarity and linkages the Office of Missing Persons and patterns of violations, representatives trusted by investigations, habeas corpus, to ensure that the goals of the will have the mandate to Review all cases of detainees particularly in respect to the victim community and and fundamental rights Transitional Justice plan are address the issue of enforced held under the PTA and either enforced disappearances. petitions related to serious achieved. This includes clarity disappearances, which is a release them or immediately human rights violations, as on its linkages, relationships and crime in terms international bring them to trial. 5.3 Victims’ right to justice the information sharing as well law. That legislation in respect cannot be compromised as confidentiality procedures, of the OMP must incorporate Review the cases of those witness protection measures Sri Lanka’s compliance with convicted under the PTA The Right of victims to Justice to ensure the protection needs its international obligations in and serving long sentences, including through criminal of witnesses and their families accordance with the Convention particularly where convictions prosecution of perpetrators 94 95 include members of minority 6.6 Special office processes using innovative communities in Sri Lanka with of investigations approaches including Rogatory an equal number of women. Letters and/or Special The GOSL should consider Committees empowered to take 6.3 Transparent establishing a Special Office evidence abroad. This should appointment process of Investigations which is include viva voce evidence as independent of existing well as video evidence subject to Consultations by the investigations units and has the the considerations set out above Government of Sri Lanka capability and independence to in 3.1.2.1. should include the issue of investigate international crimes how Commissioners should be linked to the past conflict and 10. Due process appointed to the OMP, the Truth the ongoing violations. and confidentiality Commission and the Office of Reparations. The process 7. Resources It is necessary that all of the should be an open transparent Transitional Justice mechanisms appointment process, which THE GOSL must ensure that ensure the incorporation of guarantees the independence all of the Transitional Justice special provisions including of the appointment process Mechanisms are properly confidentiality best practices seeking to appoint credible resourced. In addition reference and special hearings to ensure independent persons. is made to Paragraph 4 of the that both men and women consensus UNHRC Resolution can testify to violations of 6.4 Appointment of 30/1 which commits the sexual violence perpetrated international judges Government to ensuring that against them. These provisions each mechanism (has) the should facilitate participation That the Government of Sri freedom to obtain financial, and testimony without Lanka honour its commitments material and technical fear of identification, in terms of the consensus assistance from international outing and stigma with resolution UNHRC 30/1 as well partners. adherence to due process as the commitment made by considerations consistent with the Foreign Minister before the 8. Gender composition international law. Council session on 14 September 2015 to include foreign nationals The GOSL must ensure that The international community in the Hybrid Special Court126. the composition of all of the and the Government of Sri Transitional Justice Mechanisms Lanka need to consider how best 6.5 Office of include a minimum number to enable the worst affected special prosecutor of women, with the numbers victims – those who survived to be determined through the the war, surrender, multiple That the establishment of the consultations as well as ensuring detentions and abductions, Office of Special Prosecutor be that women be represented torture and rape – to participate in accordance with international at every level within these safely and confidentially in any standards and best practises transitional justice institutions. future process. Any process to guarantee independence that excludes them will be a and transparency. 9. Participation of “diminished truth” about past witnesses and victims outside violations. Any reconciliation the country process that excludes them will be meaningless. Their It is necessary that the GOSL willingness to testify signals their ensure that those victims and commitment to accountability witnesses who are outside of the so that they can stop what is country are able to participate happening and prevent anyone in the National Consultation else suffering the way they have. and in the Transitional Justice 96 97xx Endnotes:

1 Accessed at: http://www.ohchr.org/Documents/Publications 20 OHCHR, 16 September 2015; Report of the OHCHR 37 For example: “I want to know the identity of the commanders who 58 Ibid 84 HRC 30th Session Joint Resolution http://srilankabrief.org/2015/09/ 106 Transitional Justice Guidance Note https://www.un.org/ruleoflaw/ NationalConsultationsTJ_EN.pdf Investigation on Sri Lanka (OISL), Accessed at: A/HRC/30/CRP.2, 16 ordered the killing and abductions of civilians from 1983 until now.” 59 Paige Arthur.Identities in Transition: Developing Better Transitional consensus-reached-joint-resolution-on-sri-lanka-tabled-at-HRC files/TJ_Guidance_Note_March_2010FINAL.pdf. The General Assembly 2 The Truth and Reconciliation Commissions of Sierra Leone and September 2015 38 For example: “Examine the root cause, what caused Tamils to Justice Initiatives in Divided Societies https://www.ictj.org/ -30-last-minute/ has reaffirmed the right of victims to reparations in the Basic Liberia respectively collected statements from members of 21 Promoting reconciliation, accountability and human rights in Sri demand an independent homeland.”; “The international community publication/identities-transition-developing-better-transitional- 85 Observations by the Special Rapporteur on the promotion of truth, Principles and Guidelines on the Right to a Remedy and Reparation their diaspora in Nigeria, the US, UK and Burundi in 2012. Liberia’s Lanka, UNresolution A/HRC/RES/25/1, Accessed at: http://ap.ohchr. needs to accept that the successive Sri Lankan governments have justice-initiatives-divided (Accessed 22 May 2016) justice, reparation and guarantees of non-recurrence, Mr. Pablo for Victims of Gross Violations of International Human Rights Law National Vision 2030 Forum Comes to Minnesota, 31 May 2012, The org/documents/dpage_e.aspx?si=A/HRC/RES/25/1 been responsible for the genocide of Tamils.” 60 ibid de Greiff, on the conclusion of his recent visit to Sri Lanka - See and Serious Violations of International Humanitarian Law See A/ Liberian Journal, Accessed at: http://theliberianjournal.com/ 22 Ibid. 39 For example: “If there are those who want to give justice to Tamils 61 Stop Torture- A Still Unfinished War: Sri Lanka’s Survivors of Torture more at http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews. RES/60/147 index. php?st=news&sbst=details&rid=2452 and Diaspora 23 An Israeli built supersonic fighter jet commonly used by the Sri then the only way is to provide a separate homeland.”; “If we have a and Sexual Violence 2009-2015, www.itjpsl.com/wp-content/ aspx?NewsID=15820&LangID=E#sthash.Jh7ak4Yz.dpuf 107 Nelson Mandela on accepting the report of the Truth commission Project Overview and Methods, Accessed at: http://www. Lankan Air Force. separate country for Tamils I would say we have got justice.”;“We uploads/2015/07/Stop-Torture-Report.pdf 86 Ibid from Archbishop Tutu theadvocatesforhumanrights.org/uploads/chapter_3- 24 For descriptions of the methods of torture commonly used by the Sri need Tamil Eelam. Prosecution of a few thousands won’t help. We still 62 ITJP Consultations 87 Report of the Special Rapporteur on the promotion of Truth, Justice, 108 ICTJhttps://www.ictj.org/sites/default/files/ICTJ-Report- diaspora_project_overview_and_methods.pdf Lankan security forces please see ITJP’s previous reports. have to live with them.” 63 ITJP consultations Reparation and Guarantees of Non-Recurrence,Pablo de Greiff A / Apologies-2015.pdf 3 ITJP, Silenced, 6 January 2016, Available at www.itjpsl.com 25 For example: “I still have shrapnel in my body. I am disabled because 40 When asked what crimes should there be no amnesty for, 56 said 64 UN Commission on Human Rights, Human Rights Resolution HRC/27/56. http://www.refworld.org/pdfid/543fbfe64.pdf 109 Updated Principles To Combat Impunity, E/CN.4/2005/102 4 Preliminary observations and recommendations of the Special of injuries to my leg, and nerve damage in my arm and foot.”; “I rape, 52 added to that no amnesty for commanding officers, as well 2005/70: Human Rights and Transitional Justice, 20 April 2005, 88 Sri Lanka: Penal Code [Sri Lanka], Chapter 19, 1 January 1885, 18 February 2005 Rapporteur on torture and other cruel, inhuman and degrading still have shrapnel in body and need more screening to be done.”; as for crimes such as murder, torture and attacks on civilians along E/CN.4/RES/2005/70, available at: http://www.refworld.org/ available at: http://www.refworld.org/docid/4c03e2af2.html 110 A/RES/60/147. (21 March 2006): Resolution adopted by the General treatment or punishment, Mr. Juan E. Mendez on the Official “I have nightmares about my treatment in detention – I wake with war crimes and genocide. 8 specifically mentioned the latter list docid/45377c836.html [accessed 22 May 2016], [accessed 6 June 2016] Assembly on 16 December 2005 [on the report of the Third joint visit to Sri Lanka – 29 April to 7 May 2016, 7 May 2016, Accessed up screaming and sweating. I still have flashbacks about the of crimes, but did not mention rape. 65 Ibid 89 UN Joint Resolution speaks to judicial mechanism. High Committee (A/60/509/Add.1)] 60/147. Basic Principles and at: http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews. detention and what I witnessed in the war. I have numbness 41 2 people said women should comprise 25% of the officers, while an 66 ibid. Commissioner uses the terminology of Hybrid Special Court, Foreign Guidelines on the Right to a Remedy and Reparation for Victims aspx?NewsID=19943&LangID=E#sthash.O7IacD9G.dpuf under my knee and shrapnel in my chest but it is too dangerous to additional 2 people said there was no need for a quota. 67 ibid. Minister speech to Human Rights Council speaks to Judicial of Gross Violations of International Human Rights Law and Serious 5 Interestingly we could not find a Tamil version of this important policy remove according to the doctors.”; “We were treated so badly (in Sri 42 Yes: 6, No: 46, Maybe/depends: 15. 68 ibid. Mechanism with a Special Prosecutor – STATEMENT by Hon. Mangala Violations of International Humanitarian Law document available online anywhere so we had to translate it Lanka) that this (UK) feels very respectful. I need more medical care 43 “I feel very angry, this is our traditional homeland and they erected 69 ibid. Samaraweera, M.P.Minister of Foreign Affairs of Sri Lanka, 111 This right has been affirmed by Updated Principles to Combat ourselves. for shrapnel in my thigh.”. this to humiliate us.”; “It is difficult to see the SLA memorials they 70 UN Human Rights Council, Report of the OHCHR Investigation on http://www.lankamission.org/images/pdf/Hon.%20Ministers%20 Impunity 6 This is a statistical analysis software. 26 Those that did go to the hospital tended to be the elderly who are destroyed our identity by building those memorials.” Sri Lanka (OISL), 16 September 2015, A/HRC/30/CRP.2, available at: Statement%20-20%20HRC%2030th%20Session%20-%2014th%20 112 Sri Lanka shift on civil war anniversary, 19 May 2015, BBC. http:// 7 Report of the Secretary-General’s Panel of Experts on Accountability less likely to be suspected of being LTTE but their children report they 44 Ruti G. Teitel, Transitional Justice in a New Era, 26 Fordham Int’l L.J. http://www.refworld.org/docid/55ffb1d04.html [accessed 22 May September%202015.pdf www.bbc.com/news/world-asia-32805544 (Accessed 21 May 2016) in Sri Lanka, Introduction, Para 2 are just given painkillers. 893 (2002). 2016) 90 Report of the Special Rapporteur on the promotion of truth, 113 “To testify is not safe for my family but I would submit a written 8 Sri Lankan President Mahinda Rajapaksa rejects demand for probe 27 For example: “I have pain in my back and heels after the torture – Available at: http://ir.lawnet.fordham.edu/ilj/vol26/iss4/2 71 United Nations General Assembly (2013) Report of the Special justice, reparation and guarantees of non-recurrence, Pablo de anonymous statement.” into war crimes, PTI, 6 November 2013, Accessed at http://www. they beat me on the soles of my feet. I have trouble sleeping and am 45 Neil J. Kritz, ed., Transitional Justice: How Emerging Democracies Rapporteur on Extreme Poverty and Human Rights, Magdalena Greiff A /HRC/27/56, paras 107 and 117. http://www.refworld.org/ 114 “I cannot testify even anonymously as my story is well known.” ndtv.com/world-news/sri-lankan-president-mahinda-rajapaksa- disturbed by nightmares.” Reckon with Former Regimes, vol. 1: General Considerations Sepúlveda Carmona. Available online at http://www.ohchr.org/EN/ pdfid/543fbfe64.pdf 115 A-Dec Inc. v Dentech Products Ltd., 31 BCLR (2d) 320 (1988; BCSC), rejects-demand-for-probe-into-war-crimes-541324. 28 Report of the Secretary-General’s Internal Review Panel on United (Washington, DC: US Institute of Peace, 1995)TRANSITIONAL jUSTICE. Issues/Poverty/Pages/ParticipationOfPersonsLivingInPoverty.aspx.( 91 National Law Conference in the sea side southern resort of Duhaime, Lloyd, Hague Service Convention - Treaty Facilitates Cross- 9 ITJP, Ibid. Nations Action in Sri Lanka, November 2012, as above. 46 Promotion Of National Unity And Reconciliation Act 34 Of 1995 Accessed 22 May 2016) Wadduwa, http://www.dnaindia.com/world/report-sri-lankan- Border Service of Court Documents 10 The author of this report was one of those UN experts. 29 A confidential memo to donors from IIGEP raised concern that a http://www.justice.gov.za/legislation/acts/1995-034.pdf (Accessed 72 Observations by the Special Rapporteur on the promotion of truth, president-sirisena-rules-out-foreign-judges-in-lanka-war-crimes- 116 See. Part 1 11 Report of the Secretary-General’s Internal Review Panel on United draft amendment to the Witness Protection Amendment (S28 and 22 May 2016) justice, reparation and guarantees of non-recurrence, Mr. Pablo probe-2191325 (accessed 22 May 2016) 117 http://www.sundaytimes.lk/160529/columns/alleged-war-crimes- Nations Action in Sri Lanka, November 2012, Accessed at: http:// S29) prepared by the then Deputy Solicitor General Kottegoda, would 47 2004 Guidance Note of the Secretary-General United Nations de Greiff, on the conclusion of his recent visit to Sri Lanka Geneva/ 92 When asked for what crimes there should be no amnesty, 56 pm-announces-probe-will-be-domestic-no-foreign-judges-195284. www.un.org/News/dh/infocus/Sri_Lanka/The_Internal_Review_ require a representative of the Government approved of by the Approach To Transitional Justice March 2010 https://www.un.org/ Colombo, 11 April 2015 http://www.ohchr.org/en/NewsEvents/ interviewees said rape; 52 specified that this meant no amnesty for html Panel_report_on_Sri_Lanka.pdf Attorney General present in the foreign land with the witness when ruleoflaw/files/TJ_Guidance_Note_March_2010FINAL.pdf (Accessed Pages/DisplayNews. commanding officers, as well as for crimes such as murder, torture 118 Ibid 12 Ibid. the witness testifies by video link up. IIGEP was the first time 22 May 2016) aspx?NewsID=15820&LangID=E#sthash.1AcPXCyh.dpuf (Accessed 22 and attacks on civilians along with war crimes and genocide; 8 119 The International Covenant on the Protection of All Persons from 13 LLRC Report accessed at: http://www.priu.gov.lk/news_update/ witnesses from outside testified to a commission inside the country. 48 Ibid May 2016) specifically mentioned the latter list of crimes, but did not mention Enforced Disappearances has recently been ratified by the Current_Affairs/ca201112/FINAL%20LLRC%20REPORT.pdf; Count IIGEP reported there were attempts by the Special Task Force counsel 49 Report of the independent expert to update the set of principles 73 Ibid rape. Government of Sri Lanka of Inquiry: Sri Lankan army given clean chit by military court, to ask questions that may have identified the location of the to combat impunity, Diane Orentlicher: Addendum,” UN Doc. E/ 74 Observations by the Special Rapporteur on the conclusion of 93 ICRC, Customary IHL Database, https://www.icrc.org/customary-ihl/ 120 UN Insider Meera Srinavasan, The Hindu, 10 April 2013, accessed at http:// witnesses. CN.4/2005/102/ Add.1, February 8, 2005 his second advisory visit to Sri Lanka (26 January to 1 February eng/docs/v1_cha_chapter32_rule98 (accessed 28 May 2016) 121 United Nations, Taking Action on Sexual Exploitation and Abuse by www.thehindu.com/news/international/south-asia/sri-lankan- 30 For example: “I cannot testify even anonymously as my story is well 50 Louise Arbour, “Economic and social justice for societies in transition”, 2016) http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews. 94 This uncertainty is in itself adds an element of vulnerability and Peacekeepers, 17 December 2016, available at: http://www.refworld. army-given-clean-chit-by-military-court/article4602557. known.” International Journal of Law and Politics, vol. 40, No. 1 (Fall 2007). aspx?NewsID=17029&LangID=E#sthash.UBUnaSN4.dpuf (Accessed threat. If alive, they may either be secretly detained or separated org/docid/568d16eb4.html [accessed 1 June 2016], UN Security ece; Paranagama Commission report, Accessed at https://www. 31 “To testify is not safe for my family but I would submit a written See also A/HRC/12/18, paras. 3 and 59–65. Annual Report Of The 22 May 2016) from their relatives by security forces Council, Security Council resolution 2272 (2016) [on sexual colombotelegraph.com/wp-content/uploads/2015/10/Paranagama- anonymous statement.”; United Nations High Commissioner For Human Rights And Reports 75 Ibid) 95 ICRC Customary Law Database, https://www.icrc.org/en/war-and- exploitation and abuse by United Nations peacekeepers] , 11 March Report-.pdf “I wouldn’t trust technology to testify through video link up; Of The Office Of The High Commissioner And The Secretary-General* 76 Updated Set of Principles for the Protection and Promotion off law/protected-persons/missing-persons, (accessed 28 May 2016). 2016, S/RES/2272 (2016), available at: http://www.refworld.org/ 14 Promoting reconciliation, accountability and human rights in Sri sometimes they may be able to find me. I can only give written Analytical Study On Human Rights And Transitional Justice http:// Human Rights through Action to Combat Impunity, E/ 96 General Observation on article 4 of the Declaration for the docid/56e915484.html [accessed 1 June 2016] Lanka, UNresolution A/HRC/RES/25/1, Accessed at: http://ap.ohchr. statements.”. www.refworld.org/pdfid/4a9d1be40.pdf (Accessed 22 May 2016) CN.4/2005/102/Add.1. In 2006 and 2007, the Council Protection of All Persons against Enforced Disappearances; Comment 122 Under the IIGEP process, concerns were raised by the Commissioners org/documents/dpage_e.aspx?si=A/HRC/RES/25/1 32 Interviewees chose multiple options so the percentages do not add 51 Guidance Note of the Secretary-General United Nations Approach welcomed two studies prepared by the OHCHR on the Right to Truth on Enforced Disappearances by Working Group, http://www.ohchr. on government authorities insisting on having a representative of the 15 Zeid requests “one time only” deferral of key report on Sri Lanka up to 100%. To Transitional Justice March 2010 https://www.un.org/ruleoflaw/ as a legal standard and instrument (E/CN.4/2006/91 and A/ org/Documents/Issues/Disappearances/disappearance_gc.pdf Attorney General’s office in the room with the witness. conflict , UN, 16 February 2015, Accessed at: http://www.ohchr.org/ 33 For example: “Why were Tamils treated the way we were in the war?” files/TJ_Guidance_Note_March_2010FINAL.pdf (Accessed 22 May HRC/5/7, respectively). In 2009, a more specific investigation 97 Report of the Working Group on Enforced or Involuntary 123 See OISL Report EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=15574#sthash. “How and why were innocent Tamils killed?”; “The truth about why 2016) followed on the role of archives and witness protection in realizing Disappearances, 1995. document E/CN.4/1996/38 124 Ibid MgohKGVH.dpuf and how Tamils were killed.”; “Truth for me means finding the reason 52 General Fonseka who led the Sri Lankan security forces to victory was the Right to Truth (A/HRC/12/19). 98 UN Commission on Human Rights, Question of enforced 125 UN General Assembly, International Convention for the Protection of 16 ITJP Report, Freedom from Torture, Special Rapporteurs. and circumstances surrounding all the killing and punishing those prosecuted for corruption and misuse of powers rather than for war 77 UN Human Rights Council, Report of the OHCHR Investigation on disappearances., 19 April 1996, E/CN.4/RES/1996/30, available at: All Persons from Enforced Disappearance, 20 December 2006, The UNP-led United National Front for Good Governance (UNFGG) who did it.”; “The truth about all the murders and extra-judicial crimes Sri Lanka (OISL), 16 September 2015, A/HRC/30/CRP.2, available http://www.refworld.org/docid/3b00f24830.html [accessed 28 May available at: http://www.refworld.org/docid/47fdfaeb0.html won 106 of the 225 seats in the 17 August 2015 parliament elections. killings.”. 53 Observations by the Special Rapporteur on the promotion of truth, at: http://www.refworld.org/docid/55ffb1d04.html [accessed 28 2016] [accessed 1 June 2016] Former President Mahinda Rajapaksa’s United People’s Freedom 34 For example: “Clarifying the fate of the missing. I want in particular justice, reparation and guarantees of non-recurrence, Mr. Pablo de May 2016] 99 Ibid 126 Statement by Mangala Samaraweera, MP Minister of Foreign Affairs Alliance (UPFA), most of whose legislators are in the SLFP, to know what happened to two close friends who disappeared in the Greiff, on the conclusion of his recent visit to Sri Lanka, http://www. 78 Ibid 100 ITJP Consultations. Interviewees wanted assurances that the of Sri Lanka General Debate of the 30th Session of the UN Human won 95 seats. last phase of the war.”;“The details of the missing should be released ohchr.org/en/NewsEvents(Accessed 29 May 2016) 79 Some interviewees did not specify how many relatives had been transitional justice mechanism established to deal with missing Rights Council – Geneva, 14 September 2015 https:// 17 Statement by UN High Commissioner for Human Rights Zeid Ra’ad and publically announced”. 54 Sirisena asserted in March 2016 that it is a government victory that killed. persons as well as enforced disappearances will result in the truth docs.google.com/document/d/1X_2LgPy531M8djUqkX_ Al Hussein via video link to the Human Rights Council, 30 September 35 For example: “I want to know the truth about those who went no-one in Sri Lanka now even knows when the HRC meets, as the 80 UN Secretary-General (UNSG), Report of the Secretary General`s being established about the fate and whereabouts of their loved NIm2wJXWsYgB0aIN7PfU5ZeE/edit (accessed 01 June 2016) 2015, Accessed at: http://www.ohchr.org/en/NewsEvents/Pages/ missing, including ex-LTTE, those who surrendered and those who government “is working confidently with the international Panel of Experts on Accountability in Sri Lanka, 31 March 2011, ones, who were last seen alive in the custody of the security forces as DisplayNews.aspx?NewsID=16539&LangID=E#sthash.1gg725hd.dpuf were arrested or captured by the Sri Lankan Army.”; “I want the truth community while protecting the dignity of the war heroes and the available at: http://www.refworld.org/docid/4db7b23e2.html well as establishing the identity of those responsible. 18 Ibid. about those who surrendered. I personally know 15 who are missing.”; motherland.” http://www.defence.lk/new.asp?fname=The_word_ [accessed 28 May 2016]; tp://www.un.org/News/dh/infocus/ 101 Preliminary observations of the Working Group on Enforced or 19 Statement of 14 September 2015, Accessed at: http://www. “I want to know the fate of the disappeared, and what happened electric_chair_removed_from_our_dictionaries_ Sri_Lanka/The_Internal_Review_Panel_report_on_Sri_Lanka.pdf Involuntary Disappearances at the conclusion of its visit to Sri Lanka lankamission.org/images/pdf/Hon.%20Ministers%20Statement%20 to my friends on the bus [who surrendered].”; “I want to know President_20160329_03 (Accessed 22 May 2016) 81 Report of the Special Rapporteur on the promotion of truth, justice, (9-18 November 2015) Report -%20%20HRC%2030th%20Session%20-%2014th%20September%20 what happened to the LTTE cadres shown on the Channel 4 videos, 55 ITJP Report and A/HRC/30/CRP. Report of the OHCHR Investigation reparation and guarantees of non-recurrence, Pablo de Greiff, A/ 102 Ibid 2015.pdf who was responsible for what happened to them. I knew 5 of them.”; on Sri Lanka (OISL) 16 September 2015 http://www.refworld.org/ HRC/27/56 103 Statement made by Foreign Minister to Human Rights Council “I want to know what happened to the missing. I want to know what docid/55ffb1d04.html (Accessed 22 May 2016) 82 Human Rights Committee general comment No. 31, para. 18 September 2015, http://www.lankamission.org/images/pdf/ happened to those captured by the army.”;“What happened to 56 OISL Report, Ibid 83 UN Human Rights Council, Report of the OHCHR Investigation on Hon.%20Ministers%20Statement%20-%20%20HRC%2030th%20 cadres who surrendered? I want to know exactly what happened 57 Inclusive Transitions Framework - Institute for Integrated Transitions, Sri Lanka (OISL), 16 September 2015, A/HRC/30/CRP.2, available Session%20-%2014th%20September%202015.pdf and who was involved. I want to know if the Sri Lankan Army used www.ifit-transitions.org July 2015 ... Seth Kaplan & Mark Freeman, at: http://www.refworld.org/docid/55ffb1d04.html [accessed 28 104 Preliminary observations of the Working Group on Enforced or banned weapons.” http://www.ifit-transitions.org/publications/inclusive-transitions- May 2016] Involuntary Disappearances at the conclusion of its visit to Sri Lanka 36 For example: “Finding out the identities of perpetrators.”; “Truth framework/ifit-inclusive-transitions-framwork.pdf/view (9-18 November 2015) 98 should lead to punishment.” (Accessed 06 May 2016) 105 OMP Pamphlet –Tracing Inquiry usually deals with missing persons 99 This report presents the results of an external victim consultation exercise conducted by ITJP. 75 were interviewed in the UK, France, Switzerland and Norway. They included recent war, torture and sexual violence survivors. For more information on the work of ITJP in collecting evidence see: itjpsl.com stop-torture.com

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