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Force & Violence EXCLUSIVE REVELATIONS of a WOEBEGONE FEB-APR 2014 WWW.HUMANRIGHTS.ASIA VOLUME 03 NUMBER 1 & 2 ISSN 2304-134X ( PRINT) ISSN 2304 -1358 ( ONLINE ) TORTUREASIAN AND GLOBAL PERSPECTIVES EXCLUSIVE REVELATIONS OF A WOEBEGONE HISTORY THE ISLAND OF MASS GRAVES PREVENTING THE IMPROPER USE OF GROUND REPORT : HONG KONG FILM REVIEW Force & Violence The Caged Life Nymphomaniac PAGE 94 PAGE 76 PAGE 120 Editorial Board Nilantha Ilangamuwa Shiv Karan Singh Eric Bailey Jessica Fernando Answer Styannes Editorial Advisors John Clancey, Basil Fernando, Henrik Rønsbo, Erik Wendt, Bijo Francis, Kishali Pinto Jayawardena, J de Almeida Guneratne, Clifford Perera, Jan Ole Haagensan, Hasina Kharbhih, Wong Kai Shing, Rajat Mitra, John Stewart Sloan, Baseer Naweed, Nick Cheesman, Danilo Reyes, Md. Ashrafuzzaman Letter to the editor All letters to the editor must include name and location. Letters may be edited for space and clarity, and may appear in online version of Torture: Asian and Global Perspectives Submissions We welcome unsolicited articles, poetry, book and film reviews, as well as archive at photography. For submission details, send an e-mail request to: www.humanrights.asia [email protected] Online Cover photo Current and previous issues of Torture: Asian and Global Perspectives File Photo: Human skull is seen at a construction are available at site in the former war zone in Mannar, Sri Lanka www.humanrights.asia/resources/journals-magazines/torturemag Back Cover photo Members of the Association of Indonesia Contact address Migrant Workers in Hong Kong (ATKI-HK) during the May Day rally in Hong Kong Torture: Asian and Global Perspectives in 2014. ATKI-HK has been existing and Asian Human Rights Commission empowering migrant. Through this activity, Unit 1 & 2, 12/F., hoping to promoting migrants’ rights and Hopeful Factory Centre culture of Indonesia as well strengthen unity among Indonesian migrant’s 10-16 Wo Shing Street community in Hong Kong. Photograph by Fotan, Shatin, New Territories Nilantha Ilangamuwa. Hong Kong, China Tel: +(852) 2698 6339 PUBLISHED BY Fax: +(852) 2698 6367 web site: www.humanrights.asia Email : [email protected] DISCLAIMER NOTICE: The information and views set out in this magazine are those of the author(s) and do ASIAN HUMAN not necessarily reflect the official opinion of the Asian Human Rights Commission (AHRC) and Danish Institute RIGHTS COMMISSION Against Torture (DIGNITY). Neither the AHRC and DIGNITY nor any person acting on their behalf may be held responsible for the use which may be made of the information contained therein. TORTURE ASIAN AND GLOBAL PERSPECTIVES VOLUME 03 NUMBER 1 & 2 FEB-APR 2014 ISSN 2304-134X ( PRINT) ISSN 2304 -1358 ( ONLINE) COVER STORY Page 7 MASS GRAVE INVESTIGATIONS FOR INTERNATIONAL CRIMINAL PROCEEDINGS MELANIE KLINKNER Page 50 CHEMMANI unearthed yet untold GROUND REPORT File Photo: Skeletal remains exhumed in a mass grave in Chemmani Jaffna. THE CAGED LIFE Page 76 EDITORIAL ESSAY: THE ISLAND OF MASS GRAVES ENFORCED DISAPPEARANCES COLUMNS Page 2 IN SRI LANKA UNDER THE BAD SKY KISHALI PINTO-JAYAWARDENA JEFFREY ST. CLAIR Page 109 Page 84 GERMINAL INTERVIEWS Tisaranee Gunasekara Page 111 TRANSPARENCY & ACCOUNTABILTY ARROW ON THE DOORPOST JENS MODVIG RON Jacobs Page 114 Page 61 THE CORRECTIONIST Binoy KAMPMARK Page 117 OPINION ABU GHRAIB’S GHOSTS GUEST COLUMN JUAN E. MÉNDEZ ARTICLE LIES ABOUT RWANDA Page 5 ELIMINATION OF TORTURE David Swanson Page 132 JACK CLANCEY Page 66 FILM REVIEW ARTICLE BOOKS PREVENTING THE HONG KONG’S WAR CRIMES IMPROPER USE OF TRIALS Page 128 Nymph()maniac FORCE& VIOLENCE SERVING THE REICH S. BRENT Plate BASIL FERNANDO The Struggle for the Soul of Physics Page 120 Page 94 under Hitler Page 124 TORTURE: ASIAN AND GLOBAL PERSPECTIVES | FEB - APR 2014 VOLUME 03 NUMBER 01 & 02 EDITORIAL BY NILANTHA ILANGAMUWA Quote of the issue: “Under torture you are as if under the dominion of those grasses that produce visions. Everything you have heard told, everything you have read returns to your mind, as if you were being transported, not toward heaven, but toward hell. Under torture you say not only what the inquisitor wants, but also what you imagine might please him, because a bond (this, truly, diabolical) is established between you and him ... These things I know, Ubertino; I also have belonged to those groups of men who believe they can produce the truth with white-hot iron. Well, let me tell you, the white heat of truth comes from another flame.” ― Umberto Eco, The Name of the Rose SRI LANKA THE ISLAND OF MASS GRAVES SRI LANKA is once again on the edge of a None of the elected or appointed officials political crucible in terms of its international have been able to fulfill even the basic relations as well as in domestic politics. The requirements of their offices, but instead country is ignoring calls for an independent put all their efforts into finding loopholes to and credible investigation into alleged escape the situation and to justify what they wartime atrocities while at the same time have done. carrying out atrocities against its own people. 2 TORTURE: ASIAN AND GLOBAL PERSPECTIVES | FEB - APR 2014 VOLUME 03 NUMBER 01 & 02 Mass Graves are not a new phenomenon by impeding the work of the professional in Sri Lanka as over 30 - 40 mass graves, forensic investigators. It is widely believed including potential sites, were found in Sri that the military commander of a certain Lanka in last two decades. In addition to the regiment is responsible for this crime against Quote of the issue: mass graves of atrocities by the state there humanity. “Under torture you are as if under the are also many mass graves in Sri Lanka for dominion of those grasses that produce visions. the victims of the Asian Tsunami which Everything you have heard told, everything happened in December 2004, and claimed The latest result of the government’s denial you have read returns to your mind, as if you over 38,000 lives in the island nation. of the right to life was the third resolution were being transported, not toward heaven, but However, the ruling alliance engages in on Sri Lanka adopted at the United Nations toward hell. Under torture you say not only an ad hoc based solution to avoid justice, Human Rights Commission in March 2014, what the inquisitor wants, but also what you ignoring the concerns that mass graves give in which the government was urged to imagine might please him, because a bond (this, rise to. Consequently, some of relatives of accept international assistance to conduct truly, diabolical) is established between you the victims’ family were intimidated by the an independent investigation on the crimes and him ... These things I know, Ubertino; I government security forces when they were reported during the last phase of the also have belonged to those groups of men who approached the court accepting inquiries battle between the security forces and the believe they can produce the truth with white-hot into the mass graves. Liberation Tigers of Tamil Eelam (LTTE). The iron. Well, let me tell you, the white heat of LTTE, which was fighting for a separate state truth comes from another flame.” Since the early 1970s, hundreds of within the island, was classified as a terrorist thousands of people have been killed by origination by many countries, including ― Umberto Eco, The Name of the Rose the government and by the non-state actors neighbouring India. Their struggle ended who led insurrections against the neo-feudal in May 2009 when its leaders were killed by governmental apparatus in an attempt to government security forces. reform society. However, the government was able to crackdown on the challenges Despite all the other crimes that were to their rule while picking up those who reported in the country’s recent history, the were engaged the cause and, sadly, some third resolution adopted by the UN human of those who had nothing to do with the rights council drew its serious concern about insurrections. To eliminate the insurrections the crimes reported during the last phase the government ordered mass killings of of the war, which is indeed a necessary those who were picked up by the military development. Most of the well-balanced forces and its paramilitary allies, and later critiques on the resolution come across as dumped some of their bodies around the the end of sleep walking on the part of the country while others were burnt to death on international community regarding the the country streets. This horrible truth has grave destruction in Sri Lanka. In other come to light with the discovery of the mass words, this is an attempt to counter the well- graves of the victims of extrajudicial killings. established policy known as trying of catch a During the last two years the country has fly in a dark room. learned of two newly discovered mass graves. One is in Matale, in the Central province; However, challenges remain in the domestic and the second is in Mannar in North political arena, especially regarding province of the country. In the latter case, the arbitrariness of government policy where well over hundred human skeletons which tends to avoid fulfilling the basic were discovered, the government may have requirements for justice. Instead of totally influenced the excavation and investigations destroying the system of the institutions 3 TORTURE: ASIAN AND GLOBAL PERSPECTIVES | FEB - APR 2014 VOLUME 03 NUMBER 01 & 02 of justice, they simply distorted them and on relatives of the missing. Investigations appointed close allies to manipulate the of mass graves for criminal purposes need process. This makes for a greater confusion to ensure that they form the first step in a among the people as well as the international continued effort to provide families with community.
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