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
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