http://www.defence.lk/new.asp?fname=20120311_05

Let's take accountability seriously

Terrorists alleged to have been summarily executed
The United States has tabled a resolution on Sri Lanka at the
18th Session of the Human Rights Council in Geneva. While it appears on the
surface to endorse the report of the Lessons Learnt and Reconciliation
Commission (LLRC), calling for the swift implementation of recommendations, the
resolution includes a demand for the kind of oversight mechanism that the USA
itself has not and will not allow with respect to her general conduct. These
include the conduct of military operations, the treatment of prisoners and the
overall internal processes of accountability and loopholes in the law that
consistently let perpetrators off the hook.
These machinations are complemented by the work of international
human rights organisations such as Human Rights Watch and Amnesty International,
both well-known for selectivity and chronic dependency on unsubstantiated claims
made by individuals and organisations with dubious track records, including
those who have unabashedly funded and/or supported terrorism. Amnesty
International, for example, received donations from known LTTE groups. The links
between such organisations and LTTE front organisations like CTC and TGTE are
already well known.
The moves against Sri Lanka have also been buttressed by
unprincipled institutions such as Channel 4 which pays scant respect to even the
basic principles of media ethic and appears not to understand the meaning of
veracity, verifiability and the reliability of sources. Agreeing upon lies?
It is clear that all these three groups are working with
together, targeting the member states of the UNHCR. This campaign is now ready
to fire another salvo with the release of a 'new' Channel 4 'documentary' in
Geneva.
This production, titled 'War Crimes Unpunished' is said to focus
on heavy shelling of civilians and a hospital in the 'No Fire Zone', strategic
denial of food and medicine to hundreds and thousands of trapped civilians,
killing civilians during the 'rescue mission' and the systematic execution of
naked and bound LTTE prisoners and footage of a 12-year-old boy who has been
brutally executed.
The timing is, of course, politically motivated. If it were pure
journalistic pursuit of truth, then whatever 'evidence' would have been in the
public domain the moment it reached Channel 4. Channel 4, moreover, in all its
previous releases has shown a remarkable tendency to hide the
terrorism-associated histories of its main characters. It has fudged numbers,
citing and/or extrapolating from claims made by individuals forced to mouth
numbers at gun point by the LTTE. It has shown no investigative zeal into the
activities and links of its key contacts, LTTE fronts in the West. Most
crucially, nothing that Channel 4 has shown so far indicates systemic or
policy-related abuse by the security forces. Channel 4, if it was really
interested in the issue of human rights, would train its cameras on the party
that has tabled this resolution, the USA, whose violations make the kinds of
allegations levelled at Sri Lanka look like the transgressions of errant
schoolboys.
Still, it is, no doubt, incumbent on the Sri Lankan authorities
to conduct its own investigations into such allegations, including those
levelled by Channel 4 and as recommended by the LLRC. With respect to civilian
deaths and allegations of summary execution, what is already available in the
public domain or the 'open sources' clearly indicate that investigation is
warranted, and that is exactly what the LLRC has recommended. What has to be
done is to keep things sober. Channel 4 has a stake in sensationalising things
and pandering to emotions and that with a motive to support pernicious moves
against a sovereign nation is to be expected. The law has to defer to reason.
There are certainly photographs which 'show' summary execution.
The authenticity must be examined and if it is the genuine article then prompt
action must be taken to investigate and bring to book the offender(s). Even
though it is US policy to throw out Human Rights caveats when dealing with
suspected terrorists, this is not good enough reason for Sri Lanka to follow
suit.
Zero-tolerance of deviance
Sri Lanka, contrary to assertions and in stark contrast to how
the US deals with military offenses, has a long history of zero-tolerance of
deviance. This was evident in the trial of the Lieutenant and Sergeant
responsible for the rape and murder of Premawathi Manamperi in 1971. In the case
of Krishanthi Coomaraswamy (1996), the culprit was identified and charged. Of
the 4 accused, three were sentenced to death. In another incident in 1996, where
V. Rajini was gang raped and murdered, 4 soldiers were identified, put on trial
and sentenced to death. It was a verdict by an all-Sinhala jury. It is good to
note that white police officers of the LAPD responsible for violations against
blacks in Los Angeles were all acquitted by an all-white jury.
With respect to what happened during the last stages of the war,
the LLRC has clearly mandated investigations. The Attorney General and Police
have been tasked to look into all abductions and disappearances. This is not
easy work because many among the 'disappeared' were LTTE cadres who fled to
other countries. It is necessary work and enforced haste will only be
disruptive.
The current moves spearheaded by the USA and supported by
Channel 4 focuses on civilian casualties and excessive use of force including
shelling. As of now, there is clear evidence that the LTTE shelled a church
during the last stages of the war. Civilian deaths due to shelling by the Army
are for the most part claims and accusations of shelling hospitals deliberately
remain unfounded. As for essential humanitarian supplies being deliberately
blocked, the evidence to the contrary is overwhelming except for the fact that
it was the LTTE pilfered heavily, an outcome no one could prevent.
Court of Inquiry
Most crucially, in addition to general military procedures, a
5-member Court of Inquiry has been appointed by virtue of the powers vested in
the Army Commander by Regulation 4 of the Courts of Inquiry Regulations, read
with the Regulation 2 of the Army Disciplinary Regulations, to probe into all
observations made by the LLRC regarding civilian casualties and also to probe
with respect to the contents in the Channel 4 video footage, irrespective of the
authenticity or otherwise of the video presentation. Such a Court of Inquiry is
an initial and necessary fact-finding inquiry akin to a non-summary inquiry by a
Magistrate. If there is a prima facie case disclosed against any person from the
evidence led before the Court of Inquiry, a General Court Martial is convened to
try the alleged offenders. A General Court Martial has the jurisdiction that is
identical to a High Court Trial-at-Bar and can award any sentence, including the
death penalty.
One of the objections raised has been the issue of
'independence', but that is downright silly because it implies that no military
can investigate abuses by its own personnel. It implies, further, that all
allegations of misconduct by any military outfit of any country have to be
investigated by another country or some outside agency.
So far, in the open sources, there is photographic evidence of
one 12-year-old boy who has died of gunshot injuries, Prabhakaran's younger son.
If there is any evidence of this boy having been alive close to the time he was
shot, then it indicates execution. There is ample evidence that the LTTE used
children as suicide bombers, including a child who was sent along with fleeing
civilians and programmed to detonate at the receiving point manned by the Army.
The USA would, following a statement issued by its Attorney General, think
nothing of eliminating a suspected terrorist regardless of age, gender or health
because of the perceived threat. Sri Lanka can and must do better.
The Court of Inquiry is mandated to investigate such incidents
and moreover to institute a witness-protection mechanism to facilitate the
unearthing of evidence.
Sri Lanka should be commended for these measures which came on
the heels of the LLRC report. It is scandalous to demand haste, especially when
the demand is made by a known abuser of human rights and moreover one that has a
nothing policy in terms of accountability.
Justice is about truth. It is not about frills and fabrication.
Not in the ideal, anyway. It is about sober, painstaking, methodical and
comprehensive work. The wails and screams of terrorist lovers, ill-educated and
mischievous operators including global thugs and mouthpieces of criminals
against humanity make good headlines, but the members of the Human Rights
Council should not be swayed by any of it.
Balance, sanity, an understanding of context (Sri Lanka is just
emerging from a devastating 30 year long struggle against terrorism) and an
appreciation of all the positives under extremely trying circumstances, is what
can help Sri Lanka and its process of reconciliation. Bullying does not.
Courtesy : The Nation