Report of the Secretary-General's Panel of Experts on Accountability in Sri Lanka
REPORT OF THE SECRETARY-GENERAL'S
PANEL OF EXPERTS ON ACCOUNTABILITY IN
SRI LANKA
31 March 2011
Abbreviations and Acronyms
AGA | Additional Government Agent |
CAT | Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment |
CEDAW | Convention on the Elimination of All Forms of Discrimination against Women |
CFA | Ceasefire agreement |
CID | Criminal Investigation Department |
CRC | Convention on the Rights the Child |
EMPPR 2005 | Emergency (Miscellaneous Provisions and Powers) Regulation, No. 1 of 2005 as amended |
EPPTSTAR 2006 | Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulation, No. 7 of 2006 as amended |
GA | Government Agent |
GPS | global positioning system |
HRCSL | Human Rights Commission of Sri Lanka |
IAAC | Inter-Agency Advisory Committee |
ICC | International Criminal Court |
ICC-NHRI | International Coordinating Committee of National Human Rights Institutions |
ICCPR | International Covenant on Civil and Political Rights |
ICESCR | International Covenant on Economic, Social and Cultural Rights |
ICJ | International Court of Justice |
ICRC | International Committee of the Red Cross |
ICTR | International Criminal Tribunal for Rwanda |
ICTY | International Criminal Tribunal for the former Yugoslavia |
IDPs | internally displaced persons |
IIGEP | International Independent Group of Eminent Persons |
INGO | international non-governmental organization |
IOM | International Organization for Migration |
JVP | Janatha Vimukthi Peramuna or People’s Liberation Front |
LLRC | Lessons Learnt and Reconciliation Commission |
LST | Law & Society Trust |
LTTE | Liberation Tigers of Tamil Eelam |
MBRL | Multi-Barrel Rocket Launchers |
MSF | Médecins Sans Frontières |
NFZ | No Fire Zone |
NGO | non-governmental organization |
NHRI | national human rights institution |
OHCHR | Office of the United Nations High Commissioner for Human Rights |
OLA | Office of Legal Affairs |
PARC | Protective Accommodation and Rehabilitation Centre |
PLOTE | People’s Liberation Organization of Tamil Eelam |
PSO | Public Security Ordinance, No. 25 of 1947 |
PTA | Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 |
PTK | Puthukkudiyiruppu |
RDHS REPPIA RPG SIOTs SLA SLAF SLMM STF TID TMVP TRC TRO UAV UNDSS UNHCR UNICEF UNITAR UNOPS UNOSAT UPFA USD WFP
Rehabilitation and Research Centre for Torture Victims Regional Directors of Health Services Rehabilitation of Persons, Properties and Industries Authority rocket-propelled grenade Special Infantry Operations Teams Sri Lanka Army Sri Lanka Air Force Sri Lanka Monitoring Mission Special Task Force Terrorist Investigation Department Tamil Makkal Viduthalai Palikal Truth and Reconciliation Commission Tamils Rehabilitation Organization unmanned aerial vehicle United Nations Department of Safety and Security Office of the United Nations High Commissioner for Refugees United Nations Children’s Fund United Nations Institute for Training and Research United Nations Office for Project Services UNITAR’s Operational Satellite Applications Programme United People’s Freedom Alliance United States Dollar World Food Programme
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REPORT OF THE SECRETARY-GENERAL’S PANEL OF EXPERTS ON ACCOUNTABILITY IN SRI LANKA
CONTENTS
Page
Introduction |
1 |
I. Mandate, Composition and Programme of Work |
2 |
A. | Formation of the Panel |
2 |
B. | The mandate of the Panel |
2 |
C. | Programme of work |
4 |
D. | Interaction with the Government of Sri Lanka |
5 |
E. | Confidentiality of the Panel’s records |
6 |
II. Historical and Political Background to the Conflict |
7 |
A. | Ethnicity and politics |
7 |
B. | Erosion of the rule of law and human rights |
9 |
C. | Towards the final stages of the |
11 |
III. Nature and Scope of Alleged Violations |
14 |
A. | Methodology for evaluating allegations |
14 |
B. | Background on military strategies and operations |
15 |
C. | Credible allegations relating to the conduct of the armed conflict |
20 |
D. | Disputing IDP figures as a basis to deny humanitarian assistance |
36 |
E. | The number of civilian deaths |
39 |
F. | Credible allegations relating to events outside the conflict zone and in the aftermath |
41 |
G. | Other allegations |
47 |
H. | The Government’s version of events |
48 |
I. | Conclusions |
49 |
IV. Legal Evaluation of Allegations |
52 |
A. | Applicable law |
52 |
B. | Asymmetric warfare and international humanitarian law |
54 |
C. | Forms of legal responsibility |
55 |
D. | Alleged violations by the Government of Sri Lanka |
55 |
E. | Alleged violations by the Liberation Tigers of Tamil Eelam |
65 |
F. | Individual criminal responsibility under international law |
66 |
G. | Individual criminal responsibility under Sri Lankan law |
70 |
H. | Conclusions |
71 |
V. Sri Lanka’s Approach to Accountability |
73 |
A. | Applicable international standards and comparative experiences |
73 |
B. | The Government of Sri Lanka’s position on accountability |
77 |
C. | Lessons Learnt and Reconciliation Commission |
80 |
D. | Sri Lanka’s justice system |
96 |
E. | Human Rights Commission of Sri Lanka |
106 |
F. | Death certification process |
108 |
G. | Conclusions |
109 |
VI. Further Obstacles to Accountability |
111 |
A. | Triumphalism and denial |
111 |
B. | Exclusionary policies based on ethnicity |
111 |
C. | Continuation of wartime measures |
112 |
D. | Media restrictions |
113 |
E. | The Tamil diaspora |
114 |
VII. Conclusions |
115 |
VIII. Recommendations |
120 |
1. | Joint Statement of the Secretary-General and the President of Sri Lanka, 23 May 2009. |
123 |
2. | Correspondence |
125 |
Explanatory Note |
125 |
List of Correspondents and Correspondence |
129 |
3. | Satellite Imagery |
186 |
Explanatory Note |
186 |
List of Satellite Imagery |
187 |
4. | Hospitals in the Vanni |
196 |
Images and Maps
1. | Frontlines, September 2008 |
20 |
2. | Frontlines, January 2009 |
22 |
3. | No Fire Zones in the Final Stages of the War |
23 |
4. | IDP settlement near Putumattalan Hospital in second No Fire Zone, March 2009 |
27 |
5. | IDP shelter destroyed by shelling in second No Fire Zone, April 2009 |
29 |
6. | Frontlines, March |
30 |
7. | Putumattalan Hospital, March 2009 |
31 |
8. | Infant amputee in second No Fire Zone, March 2009 |
33 |
9. | Civilian deaths in second No Fire Zone, May 2009 |
35 |
10. | Child in hospital in second No Fire Zone, April 2009 |
39 |
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