International Truth & Justice Project: Sri Lanka 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 Vanni 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 Eelam, 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.