The International Crisis Group (ICG) says pursuing cases against former LTTE leaders who worked closely with the Mahinda Rajapaksa government, such as K. Pathmanathan (“KP”) and V. Muralitharan (“Karuna”), and any other senior LTTE leaders who may be overseas, will be important to address Sinhalese perceptions that accountability is biased against the military.
ICG said that the release on 16 September of the long-awaited report by the UN Office of the High Commissioner for Human Rights (OHCHR) on its Sri Lanka investigation (OISL) is a dramatic advance that can help the country respond to its painful legacy of war. The report is a compelling examination of the abuses committed by all sides during the lengthy civil conflict and the steps required to pursue justice, accountability and reconciliation as part of democratic recovery. The UN Human Rights Council (HRC), which mandated the report, should demonstrate the same leadership by endorsing and supporting its conclusions and recommendations at the present session.
ICG noted that combined with implementation of key reforms the government proposes (some of which would receive support and advice from South Africa and the International Committee of the Red Cross), effective judicial prosecution of those most responsible for the most serious crimes committed by all sides in the war would promote the genuine reconciliation necessary for a sustainable peace.
Sri Lanka has seen decades of failed investigations and prosecutions, with fewer than half a dozen successful prosecutions of (low- and mid-level) military personnel for hundreds of serious human rights cases. No senior commander has ever even been charged with a war-related crime, and the military retains significant autonomy from civilian oversight. Witnesses and rights activists in the Tamil areas of the north and east continue to be threatened. Police investigations into a few high-profile cases from the Rajapaksa era reportedly face resistance from military leadership. Legislation parliament approved for a witness- and victim-protection system in February has yet to be implemented and lacks provision for protection units independent of the police and testimony of the many witnesses outside the country.