Zeid urges creation of hybrid special court in Sri Lanka as UN report
confirms patterns of grave violations

Sinhala and Tamil versions

GENEVA (16 September 2015) – A UN report* published today has
identified patterns of grave violations in Sri Lanka between 2002 and
2011, strongly indicating that war crimes and crimes against humanity
were most likely committed by both sides to the conflict. The report
recommends the establishment of a hybrid special court, integrating international judges, prosecutors, lawyers and investigators, as an
essential step towards justice.

“Our investigation has laid bare the horrific level of violations and
abuses that occurred in Sri Lanka, including indiscriminate shelling, extrajudicial killings, enforced disappearances, harrowing accounts of
torture and sexual violence, recruitment of children and other grave
crimes,” High Commissioner Zeid said. “Importantly, the report reveals violations that are among the most serious crimes of concern to the international community as a whole.”

“This report is being presented in a new political context in Sri
Lanka, which offers grounds for hope,” Zeid said. “It is crucial that
this historic opportunity for truly fundamental change is not allowed
to slip.”

Among the most serious crimes documented in the report are the
following:

· Unlawful killings: Numerous unlawful killings between 2002 and 2011,
were allegedly committed by both parties, as well as by paramilitary
groups linked to the security forces. Tamil politicians, humanitarian
workers, journalists and ordinary civilians were among the alleged
victims of Sri Lankan security forces and associated paramilitaries.
There appear to have been discernible patterns of killings, for
instance, in the vicinity of security force checkpoints and military
bases, and also of extrajudicial killings of individuals while in the
custody of security forces, including people who were captured or
surrendered at the end of the conflict. The Liberation Tigers of Tamil
Elam (LTTE) also reportedly killed Tamil, Muslim and Sinhalese
civilians, through indiscriminate suicide bombings and mine attacks,
as well as assassinations of individuals including public officials,
academics and dissenting Tamil political figures.

· Sexual and gender-based violence: One shocking finding of the
investigation was the extent to which sexual violence was committed
against detainees, often extremely brutally, by the Sri Lankan
security forces, with men as likely to be victims as women. Harrowing
testimony from 30 survivors of sexual violence who were interviewed
indicates that incidents of sexual violence were not isolated acts but
part of a deliberate policy to inflict torture, following similar
patterns and using similar tools. The report describes sexual torture
which occurred during interrogation sessions, and also patterns of
rape, much of which appeared to occur outside of interrogations
sessions. Sexual torture was performed in a wide range of detention
locations by different security forces, both during and after the
conflict. Not a single perpetrator of sexual violence related to the
armed conflict is so far known to have been convicted.

· Enforced disappearances: Enforced disappearances affected tens of
thousands of Sri Lankans for decades, including throughout the 26-year
armed conflict with the LTTE. There are reasonable grounds to believe
that enforced disappearances may have been committed as part of a
widespread and systematic attack against the civilian population. In particular, there are reasonable grounds to believe that a large
number of individuals who surrendered during the final phase of the
war were disappeared, and remain unaccounted for. Many others,
including people not directly linked to the conflict, disappeared,
typically after abduction in ‘white vans.’

· Torture and other forms of cruel, inhuman or degrading treatment:
Brutal use of torture by the Sri Lankan security forces was widespread throughout the decade covered by the report, and in particular during
the immediate aftermath of the conflict. Some of the more commonly
used centres had rooms that were set up with torture equipment,
illustrating the premeditated and systematic nature of the use of
torture. These rooms contained objects including metal bars and poles
for beatings, barrels of water used for waterboarding, and pulleys
from which victims were suspended. Victims interviewed for the report
described seeing bloodstains on the walls or floors of these rooms,
and described their own torture in detail.

· Recruitment of children and their use in hostilities, as well as
abduction and forced recruitment of adults: Information indicates
patterns of abductions leading to forced recruitment of adults by the
LTTE, which intensified towards the end of the conflict. Extensive
recruitment and use of children in armed conflict by the LTTE and by
the paramilitary Karuna group, which supported the Government
following its spilt from the LTTE in 2004, was also documented.
Children were often recruited by force from homes, schools, temples
and checkpoints, and, after basic training were sent to the
frontlines. According to numerous reports, in the last few months of
the conflict, the LTTE increasingly recruited children below the age
of 15. These practices would amount to war crimes if established in a
court of law.

· Attacks on civilians and civilian objects: There are reasonable
grounds to believe that many attacks during the last phase of the war
did not comply with international humanitarian law principles on the
conduct of hostilities, particularly the principle of distinction. The
report documents repeated shelling by Government forces of hospitals
and humanitarian facilities in the densely populated ‘No Fire Zones,’
which the Government itself had announced but which were inside areas controlled by the LTTE. Directing attacks against civilian objects
and/or against civilians not taking direct part in hostilities is a
serious violation of international humanitarian law and may amount to
a war crime. The presence of LTTE cadres directly participating in
hostilities and operating within the predominantly civilian
population, launching attacks from close proximity of these locations,
and the LTTE policy of forcing civilians to remain within areas of
active hostilities, may also have violated international humanitarian
law. However, this would not have absolved the Government of its own responsibilities under international humanitarian law. The duty to
respect international humanitarian law does not depend on the conduct
of the opposing party, and is not conditioned on reciprocity.

· Denial of humanitarian assistance: There are reasonable grounds to
believe that the Government placed considerable restrictions on
freedom of movement of humanitarian personnel and activities, and may
have deliberately blocked the delivery of sufficient food aid and
medical supplies in the Vanni in the Northern Province, which may
amount to the use of starvation of the civilian population as a method
of warfare. Such conduct, if proven in a court of law, may constitute
a war crime.

· Violations during the detention of internally displaced people
(IDPs) in closed camps: The manner in which the screening processes
were carried out, to separate former LTTE combatants from civilians,
failed to meet international standards and facilitated ill-treatment
and abuse. Almost 300,000 IDPs were deprived of their liberty in camps
for periods far beyond what is permissible under international law.
There are also reasonable grounds to believe that IDPs were treated as
suspects and detained because of their Tamil ethnicity. This may
amount to discrimination and the crime against humanity of
“persecution.”


The report documents years of denials and cover-ups, failure to carry
out prompt investigations, stalled investigations and reprisals
against the family members of victims and others who have pushed for
justice.

It notes that the repeated failure of successive domestic inquiries to
bring justice has led to scepticism, anger and mistrust on the part of
victims, particularly since “many of the structures responsible for
the violations and crimes remain in place.” The report demonstrates
the systemic weakness in addressing these crimes, especially when the
military or security forces are involved. It also describes “reprisals
against judicial and other professionals who try to prosecute
human-rights related cases involving State officials.”

“The commitment by the new Government to pursue accountability through
a domestic process is commendable…but the unfortunate reality is that
Sri Lanka’s criminal justice system is not yet ready,” the report
states. “First and foremost is the absence of any reliable system for
victim and witness protection. Second is the inadequacy of Sri Lanka’s
domestic legal framework to deal with international crimes of this
magnitude. The third challenge is the degree to which Sri Lanka’s
security sector and justice system have been distorted and corrupted
by decades of emergency, conflict and impunity.”

The High Commissioner welcomed the positive steps taken by the new
Government of President Mathiripala Sirisena since January this year,
but said that “Sri Lanka must now move forward to dismantle the
repressive structures and institutional cultures that remain deeply
entrenched after decades of erosion of human rights.”

“This will not happen overnight, and no one should underestimate the
enormity of the task,” he said. “We have seen many moments in Sri
Lanka’s history when governments pledged to turn the page and end
practices like enforced disappearances, but the failure to address
impunity and root out the systemic problems that allowed such abuses
to occur meant that the ‘white vans’ could be, and were, reactivated
when needed. It is imperative that the Government seizes the unique
opportunity it has to break the mold of impunity once and for all.
This means there must be a root-and-branch transformation of the ways
in which institutions and officials operate.”

The report recommends a range of measures to develop a comprehensive transitional justice policy to address the human rights violations of
the past 30 years and prevent their recurrence.

The High Commissioner urged all communities and sections of society,
including the diaspora, to view the report as “an opportunity to
change discourse from one of absolute denial to one of acknowledgment
and constructive engagement to bring about change.”

“After so many years of unbridled human rights violations and
institutionalized impunity, the wounds of victims on both sides have
festered and deepened,” Zeid said. “Unless fundamentally addressed,
their continued suffering will further polarize and become an obstacle
to reconciliation, and – worse – may sow the seeds for further
conflict.”

“The levels of mistrust in State authorities and institutions by broad
segments of Sri Lankan society should not be underestimated,” the High Commissioner said. “It is for this reason that the establishment of a
hybrid special court, integrating international judges, prosecutors,
lawyers and investigators, is so essential. A purely domestic court
procedure will have no chance of overcoming widespread and justifiable suspicions fuelled by decades of violations, malpractice and broken
promises.”

“The domestic criminal justice system also needs to be strengthened
and reformed, so it can win the confidence of the public, but that is
a process which will take several years to achieve and needs to be
undertaken in parallel to the establishment of a special hybrid court,
not in place of it. Indeed such a court may help stimulate the reforms
needed to set Sri Lanka on a new path to justice, building public
confidence along the way.”

The UN Human Rights Office (OHCHR) was mandated by the UN Human Rights
Council last year to conduct a comprehensive investigation into
alleged serious violations and abuses of human rights and related
crimes by both parties in Sri Lanka during the period 2002-11. The investigation report is based on eye-witness testimony, interviews
with victims and witnesses, video and photographic material including
satellite imagery (much of which is not in the public domain) that was
analyzed by forensic and military experts, and an extensive review of documentation, including about 3,000 written statements and
submissions, as well as previously unpublished reports. The OHCHR
investigation team was not granted access to Sri Lanka and faced other constraints, including the previous Government’s use of threats,
intimidation and surveillance to prevent people, particularly in the
north of the country, from cooperating with the investigation.

* The report is divided into two parts which are interlinked:
1) The overarching Report of the Office of the United Nations High
Commissioner for Human Rights on Promoting Reconciliation,
Accountability and Human Rights (A/HRC/30/61) which can be found here: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Documents/A_HRC_30_61_ENG.docx
2) The accompanying report of the OHCHR Investigation on Sri Lanka (A/HRC/30/CRP.2) which can be found here: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session30/Documents/A_HRC_30_CRP_2.docx


The response sent by the Sri Lankan Government can be found here: http://www.ohchr.org/Documents/HRBodies/HRCouncil/OISL/ResponseSriLanka15092015.pdf

ENDS


For more information, please contact:
In Geneva: Rupert Colville (+41 22 917 9767 / rcolville@ohchr.org) or
Pam O’Toole (+41 79 752 04 50 / mediaconsultant@ohchr.org) or Cécile
Pouilly (+41 22 917 9310 / cpouilly@ohchr.org)
In Colombo: Ravina Shamdasani (+41 79 201 0115 or +94 77 448 1925 / rshamdasani@ohchr.org)

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