[The creation of a special
hybrid court, with Sri Lankan and international jurists, prosecutors and
investigators, was just one proposed step in a process of far-reaching
institutional change that the United Nations said would be essential to
achieving the reconciliation that has eluded the country since the civil war
ended in 2009.]
GENEVA
— The United
Nations called on Sri
Lanka on Wednesday to
set up a special court, including international judges and lawyers, to
investigate what it called “horrific” abuses committed by both sides during the
country’s 26-year civil war, and by the government in the suppression of
critics and opponents after the fighting ended.
The recommendations came in a landmark report
on Sri Lanka that the
United Nations high commissioner for human rights, Zeid Ra’ad al-Hussein, told
reporters in Geneva “draws us ever closer to the conclusion” that war crimes
and crimes against humanity were committed by both government forces and Tamil Tiger rebels.
“Our investigation has laid bare the horrific level of
violations and abuses that occurred in Sri Lanka, including extrajudicial
killings, enforced disappearances, harrowing accounts of torture and sexual
violence, recruitment of children and other grave crimes,” Mr. al-Hussein said
in astatement
accompanying the report.
“We
believe it should inspire the very changes so many Sri Lankans have long ached
and wished for,” he told reporters.
In
a note to the high commission on Tuesday acknowledging the report, the Sri
Lankan Foreign Ministry said it was pleased with Mr. al-Hussein’s recognition
of the government’s efforts to deal with issues of justice, governance and
institutional reform and remained open to engaging with him on human rights.
The creation of a special hybrid court, with Sri Lankan and
international jurists, prosecutors and investigators, was just one proposed
step in a process of far-reaching institutional change that the United Nations
said would be essential to achieving the reconciliation that has eluded the
country since the civil war ended in 2009.
The 261-page report and a 19-page overview were produced by a
core team of seven investigators with advice from three prominent international
judicial experts. It followed years of resistance to an independent
investigation by Sri Lanka ’s former president, Mahinda
Rajapaksa, who commanded the armed forces in the closing years of the civil
war.
The election of President Maithripala Sirisena in January and
the formation of a new government ushered in “a new political context in Sri Lanka which offers ground for hope,”
Mr. al-Hussein said.
Though the new government’s offer to introduce a domestic process for
reconciliation was
“commendable,” the United Nations said, it bluntly asserted that circumstances
in Sri Lanka would “require more than a
domestic mechanism.”
The report documents widespread killings by security forces and
Tamil Tiger rebels during the civil war, along with the disappearance of tens
of thousands of people, including large numbers who were never seen again after
surrendering to government forces at the war’s end.
It details the government’s intense shelling of hospitals
and of thousands of civilians crammed
into areas it had declared no-fire zones, which a previous United Nations panel
of experts said might have killed up to 40,000 civilians and which was
graphically reported in a series of documentaries aired by Channel 4 television
in Britain .
A particularly shocking finding, the United Nations report says,
was “the extent to which sexual violence was committed against detainees, often
extremely brutally, by the Sri Lankan security forces” during and after the
conflict, with both men and women victimized.
Torture by the security forces was widespread, systematic and
premeditated, particularly in the aftermath of the conflict, the report says,
describing centers equipped with metal bars for beating, barrels of water for
waterboarding and pulleys for suspending victims.
For
their part, the Tamil Tigers abducted adults as part of a strategy of forced
recruitment that intensified toward the end of the war, and they made extensive
use of children in armed conflict, the report says.
The United Nations had
undertaken a human rights inquiry, not a criminal investigation, and had not
therefore tried to pinpoint individual culpability for the crimes alleged, Mr.
al-Hussein observed, but he said he believed the report provided “a good
foundation for a subsequent criminal investigation.”
“This report is a significant step
forward to justice and accountability, but what’s also clear is there can be no
turning back,” said John Fisher, advocacy director for Human Rights Watch in Geneva . The United Nations Human
Rights Council should give full support to the recommendations in a resolution
it is expected to adopt this month, he said.
But feelings were mixed among relatives of the disappeared who
were listening to Mr. al-Hussein’s comments in a corridor outside the press
room.
“Clearly the report is a landmark. The high commissioner’s
statement has given us strength. It means something can happen to achieve
justice,” said Sandya Ekneligoda, the wife of a journalist who vanished five
years ago.
Vathanna Suntharaj, whose husband, Stephen, a human rights
defender, has not been seen since he was abducted off a street in the capital, Colombo , in 2009, was more cautious.
“So many promises have been made,” she said. “I want to see
commitment and action.”
For that to happen, the report emphasizes, Sri Lanka needs to institute widespread
changes in its security services and system of justice. Its laws do not
criminalize war crimes, crimes against humanity or enforced disappearances, and
do not recognize different forms of liability, such as command responsibility,
the report says. The country also lacks a reliable system of witness protection
that would be essential in a nation where the threat of reprisals remains high.
In a statement to the United Nations Human Rights Council on
Monday, the Sri Lankan foreign minister, Mangala Samaraweera, acknowledged the
weakness of Sri Lankan institutions and promised a series of initiatives,
including the formation of a truth and reconciliation commission,
constitutional overhauls and reparations for victims.
Still, Sri Lanka ’s new government appears to
have shown interest only in receiving international financial and technical
support. Moreover, Mr. al-Hussein noted that although the United Nations
inquiry had operated in a much improved atmosphere since the elections in
January, it did not receive more support from the new government in terms of
access to witnesses and records than from its predecessor.
“We have seen many moments in
Sri Lanka’s history when governments have pledged to turn the pages and end
practices like enforced disappearances,” only to see those practices continue,
he cautioned. Failure to address the concerns of victims of the conflict, he
said, will obstruct reconciliation and “may sow the seeds of future conflict.”