Monday, 27 April 2015 00:00
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The short statement on the interim report of the Presidential Commission on Disappearances brought forward heartening indications that the Government would deepen investigations into specific areas highlighted by the members. Yet it was clear that not all arms of Government are enthusiastic about healing crucial wounds to promote reconciliation.
It was noted the Ministries of Justice and Defence failed to comply with requests by the Presidential Commission on Disappearances to release a list of detainees in State custody, in displacement camps or rehabilitation centres.
The Commission observed even though it had made written requests to the Ministry of Defence and Ministry of Justice to release to the Commission names of persons who were in custody of prisons, detention camps, refugee camps, and rehabilitation centres, this had not been done so far, resulting in the respective officers asked to present themselves before the members. It is disheartening that an attempt to finally provide answers to thousands of families and resolve an issue that has been hampering peace for years is dealt with so disdainfully by officials.
Obviously, matters do not end there. The Commission notes accountability and responsibility by these parties vary from district to district, and in the Northern Province, 60% of the allegations were levelled against the LTTE, 30% against the security forces, 5% against armed groups and 5% against unknown groups. Cases of forced disappearances and abductions alleged to have been committed by officers of the security forces, according to oral submissions made by relatives of missing persons, had been reported. These needed to be referred to the Attorney General for judicial action, the Commissioners state in their report.
In addition, the Commission highlighted several grave incidents that include the Sathurukondan and Eastern University Massacres of 1990; the massacre of 600 Policemen in 1990 in Ampara and the massacre of Muslim civilians in Kurukalmadam. The Commission has recommended that these allegations be further investigated by a special investigating team to gather credible evidence against person/s responsible in order to institute criminal proceedings according to domestic laws.
The timeframe for the investigations, how charges are framed and whether cases will be filed and fast-tracked through Sri Lanka’s mired legal system is yet to be seen.
It is also questionable whether the country’s beleaguered legal system is capable of handling cases of such complexity. For example, the witness protection legislation that was recently passed needs to be vigorously exercised. This is especially essential given the sensitive nature of the investigations and the fact that it could implicate very powerful people, who could in turn intimidate or threaten witnesses or otherwise sabotage the investigative and trial process. Without such safeguards in place, it is unlikely that the legal process will be considered fair and competent. Compensation, counselling and psycho-social assistance for families in the north and east has also been recommended by the Commission, an essential part of the healing process that has not received much attention yet. Given the long years and policy deadlock, getting here alone is praiseworthy but this is clearly the first step in a long journey of credible accountability, forgiveness and healing. With fresh elections around the corner, solutions for these knotty issues will take time but with the United Nations report pending and its own credibility at stake, Sri Lanka may not have that luxury.
