​​​Victims of disappearance cannot wait any longer for justice: Amnesty International

Releasing a fresh report on the status of war-affected communities in Sri Lanka, Amnesty International (AI) yesterday called upon Sri Lankan authorities to expedite the investigation into over 100,000 cases of forced disappearances and address victims’ demands for justice, truth, reparation and guarantees of non-recurrence. 

The organisation in a statement said that Sri Lanka would not break with its violent past until the country was able to deal with the “history of enforced disappearance and delivers justice to as many as 100,000 families who have spent years waiting for it.” 

The report, titled ‘Only justice can heal our wounds’, is set to be launched by the organisation’s Secretary General Salil Shetty at a meeting with families of the disappeared in the northern Sri Lankan town of Mannar, AI said in a statement issued yesterday. 

Highlighting that all communities in the country had been affected by enforced disappearances, Shetty, stated that the country would not be able to heal until justice was delivered to these victims. However, the statement issued by the organisation also claims that despite international commitments to address these issues the authorities have failed to investigate these cases, identify the whereabouts or fate of the victim or prosecute those suspected of the crimes.

“Sri Lanka needs to put the victims at the heart of any reconciliation process. The authorities must hear their demands and implement them. The current Government has taken encouraging steps to acknowledge the need to end impunity, but it cannot leave the victims waiting any longer. They have waited long enough. If Sri Lanka wants to successfully pull away from its violent past, it must address victims’ demands for justice, truth, reparation and guarantees of non-recurrence,” said Shetty.

Although AI appreciated the current Government’s efforts to address the issue of disappearances first, it was critical of the progress made. 

“The Sri Lankan Parliament ratified the International Convention for the Protection of All Persons from Enforced Disappearance. But a bill to implement the Convention by criminalising enforced disappearance in the Sri Lankan Penal Code has yet to be debated,” it stated. 

AI also made called to “amend and enact the Office on Missing Persons Act to ensure that the Office is established effectively without further delay to investigate all allegations of disappearance; ensuring its effectiveness by seeing that it is fairly, transparently and adequately staffed and resourced; ensure that it submits evidence of responsibility for  disappearances to prosecuting authorities” and to prosecute those responsible for disappearances promptly before civilian courts in fair trials without recourse to the death penalty; where sufficient admissible evidence exists. 

Furthermore, AI calls on the Government to “preclude the application of amnesties, immunities and other measures of impunity to persons suspected of committing crimes under international law, formally acknowledge and prioritize the findings and recommendations of the Consultation Task Force and to ensure that victims, including families of the disappeared, are provided with full and effective reparation to address the harm they have suffered, including restitution, compensation, rehabilitation and satisfaction.” 

Calling for the repeal the Prevention of Terrorism Act (PTA) and an immediate end to its use, AI also said Sri Lanka should abolish the system of administrative detention and ensure that any future legislation meant to replace the PTA met international standards. 

Further, the organisation also asked to “release all individuals held under the PTA or other forms of arbitrary or secret detention unless they are charged with recognizable criminal offences and remanded in custody by an independent, regularly constituted court.”