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Saturday, 28 February 2015 00:00 - - {{hitsCtrl.values.hits}}
“President Sirisena has an important opportunity to right the wrongs of his predecessor,” said Brad Adams, Asia Director at Human Rights Watch. “The Government’s strong initial steps should be followed by lasting measures to re-establish Sri Lanka as a rights-respecting democracy.”
Acknowledging that the new Government in Sri Lanka has already undertaken important new initiatives, such as reviewing cases of detainees under the Prevention of Terrorism Act, lifting restrictions on media reporting, ending internet censorship, and removing nongovernmental organisations from Defence Ministry oversight, the HRW said many important human rights concerns still need to be addressed.
Among the issues that need to be addressed are the use of torture by police, the protection of minority communities, the independence of Government oversight committees, and the repealing of the Prevention of Terrorism Act (PTA).
“Holding accountable those responsible on both sides for violations of international law during Sri Lanka’s long civil war is crucial for the country’s future,” Human Rights Watch said.
Addressing the accountability for wartime abuses, the right organisation said the United Nations’ decision to investigation into violations of international law in Sri Lanka until September 2015 provides the Government an opportunity to put into place an effective mechanism with a significant international component.
The watchdog suggested creating a combined international and domestic court similar to the successful hybrid courts in Sierra Leone and Bosnia-Herzegovina is the best way to address the accountability issue as previous Government’s accountability mechanisms have been impaired by harassment, threats and violence against witnesses and judges.
“Creating a predominant international presence in a special Sri Lankan court would reduce the scope for interference against national judges and prosecutors,” Adams said. “A strong hybrid court would lend credibility and independence to the proceedings that purely domestic proceedings may lack.”
The letter to the Sri Lankan President recommended the following measures:
Act to eliminate the use of torture and other ill-treatment by police against criminal suspects. Improve redress mechanisms for victims of torture.
Investigate and appropriately prosecute those responsible for incitement of violence against religious minority communities and law enforcement officials who fail to stop it. Send an unequivocal message that communal violence will not be tolerated.
Investigate and appropriately prosecute those who have committed threats and attacks against members of civil society and the media.
Repeal the Prevention of Terrorism Act. Ensure that those detained under the PTA are promptly released unless charged with a credible offense. Take all necessary steps to end the use of torture, including by eliminating all unofficial detention centres and prosecuting those responsible.
Increase consultations with civil society organisations on a broad range of human rights issues to consolidate and expand upon recent improvements.
Seek visits and assistance from United Nations technical and expert bodies to address human rights concerns.
Make public past reports of Sri Lanka’s various commissions of inquiry; ensure the August 2015 release of the pending Disappearances Commission report.
End the practice of returning refugees and asylum seekers to places where they have a reasonable fear of persecution.
Establish a special hybrid international-domestic court to prosecute those on both sides responsible for serious violations of international law.
Put in place a victim and witness protection program that complies with international best practice.
