Mirisuvil Massacre
Three member bench of Colombo High Court unanimously decided this month to personally visit the site where eight civilians were murdered in Mirusuvil 11 years back. When the case was taken up on February15, the three member bench led by Judge Ms. Deepali Wijesundara, decided to visit the crime scene with the consent of the petitioner and the defendant. In the mean time when the case was taken up on March 10, Deputy Solicitor General Mr. Sarath Jayamane stated that an officer must be appointed by the Colombo High Court in order to make contacts.
He further added the report on the Mirisuvil massacre has been submitted and out of the three places mentioned in the report two have been changed and therefore Court must order to appoint two competent officers from the Ministry of Defense and Ministry of justice as there might be land mines in these areas in order to continue the journey. He requested the bench that this must be announced at next hearing. On December 19 2000, nine civilians including a three year old child in the Jaffna district disappeared from their homes in Mirisuvil in the Thenmaradchy area. The eight men obtained permission from the Sri Lankan Army to visit their homes and see their properties as they were displaced to Vadamaradchy area. Later it was reported that they were missing. On December 24, 2000 one of the missing, Mr. Maheshwaran escaped from army custody with severe wounds and injury all over his body as a result of torture and gave information about details of remaining eight. On his evidence, soon after, a mass grave was discovered and corpses of the eight men were found during exhumation which took place on December 25, 2000. This case was taken up at the Chavakachcheri Magistrate’s Court on the same day and subsequently 14 army personnel were taken into custody. Later the case was transferred to the Anuradhapura Magistrate’s Court at the request of the suspects to the Attorney General’s Department for transfer of cases due to fear of any harm to their lives. Subsequently it was taken up on July 22, 2002 and November 29, 2002 at the Anuradhapura Magistrate’s Court. Later the Chief Justice appointed a trial-at-bar at the High Court, Colombo and nominated three judges for trial at bar. They were Justice Sarath Ambepitiya, Justice S.I. Immam and Justice Kumar Ekaratne. The CHRD retained lawyers to hear the case at trial-at-bar. The trial-at-bar commenced on November 27, 2002 at the High Court Colombo. While five were indicted, the rest were released on bail. Attorneys-at-law Mr. D. W. Abeykoon PC, Mr. K.D.C. Kumarage, Mr. K.S. Ratnavel and Mr. M. Remedious appeared for the aggrieved party. The next date for trial was fixed on January 29, 2003. Trials were held at the High Court, Colombo from January to July 2003. Later a legal issue cropped up whether confession made to a military police is admissible in a Court. The judges ordered the defense counsel to go to Supreme Court on this matter and take a decision. Thereafter the case was postponed till March 16, 2004. The Special Bench of the Supreme Court comprising five judges dismissed petitions of appeal challenging admissibility of confession. In the meantime two judges of the bench were removed and a new bench was constituted which comprised Justice Sarath Ambepitiya, Justice Upali Abeyratne and Justice Sisira de Approva. The new date for trial to commence was fixed for November 4, 2004. When trials resumed on November 4, 2004, the case was ordered to be continued from the point it ended during the last date. Later Justice Sarath Ambepitiya ordered the trial to continue from the point it ended on November 22, 2004. Regrettably, Justice Sarath Ambepitiya was shot dead and the Chief Justice had to appoint a new judge and the case was fixed for December 16, 2004.
But when the case was taken up on that day a new judge was not appointed and the case was postponed to January 19, 2005. Mr.K.S.Ratnavel and Mr.K.Shanmugalingam have been retained by CHRD to appear on behalf of the aggrieved party.
Trial at bar is going on in the High Court of Colombo but in the beginning of 2007 the case was stopped temporarily. In September 2008, the new date for the next hearing was informed the CHRD lawyer. On November 11, 2008 the case was taken up before the three judges in the Colombo High Court. The case is continuing.
Sri Lanka risks forced
war crimes probe
March 2011 - Sri Lanka could be hauled before a war crimes tribunal over the killing of "many thousands of civilians" in the final months of its separatist war with Tamil rebels, a top US official said.
In the toughest warning since the end of fighting in May 2009, US Assistant Secretary of State for South and Central Asian Affairs, Robert Blake, said Sri Lanka risked a forced international investigation.
His remarks came as the UN Human Rights Council was meeting in Geneva, where Sri Lanka has previously managed to avoid condemnation, thanks to the backing of several nations, including strong allies China and Russia.
Blake, a former ambassador to Sri Lanka, said it was "preferable" for Sri Lanka to have its own investigation in line with internationally accepted human rights standards, rather than face an external inquiry.
"It's important to say that if Sri Lanka is not willing to meet international standards regarding these matters, there would be pressure to appoint an international commission to look into these things," said Blake.
Sri Lanka has refused to investigate alleged war crimes, but President Mahinda Rajapakse has appointed a panel to probe why a 2002 ceasefire between the government and the Tamil rebels broke down.
International rights groups have rejected the government-appointed panel as eyewash, saying it fails to address war crimes by both sides during the 37-year conflict.
Sri Lanka's relations with the US were strained in 2009 when Washington voiced concern about human rights as the army killed the top leadership of the Tamil Tiger rebels, ending decades of insurgency.
After urging from the Tamil diaspora, a number of US lawmakers have pushed President Barack Obama's administration to take a harder line on Sri Lanka.In a video interview from Washington on Monday, Blake said reconciliation, accountability and human rights were among the key elements the US wanted to see to normalize ties with the South Asian nation.
Blake cited the UN Security Council reporting Libya to the International Criminal Court last week as a signal of global concern over human rights.
He said he was not comparing Sri Lanka with Libya, but said the Security Council's unanimous decision against Libya over the weekend underscored the resolve of the international community regarding crimes against humanity. (www.indianexpress.com)
Government shifts focus to
displaced Muslims
March 2011 - The government has renewed its pledge to resettle Muslims evicted more than two decades ago from the war-affected north. In 1990, during their struggle for increased autonomy, LTTE rebels forced out the entire Muslim population, estimated to be at least 70,000, from northern, suspecting them of collaborating with government intelligence services. Since then, between 8,000 and 10,000 have returned, according to the government.
Ismail Ahmed, 61, was in his early forties when LTTE cadres announced over loud-hailers that all Muslims should immediately leave Jaffna district in the Northern Province, a rebel stronghold.
"We did not have time to get ready. We left the north within less than 24 hours. I took my wife and daughters [aged 12 and 10] and fled," Ahmed told IRIN from Mannar Island, separated by a bridge from mainland , where he has resettled.
"I have lived as a refugee for almost 20 years. I want to go back to my home," Ahmed said.
Rishad Bathiudeen, a senior minister from the ruling government party, told IRIN that while no timeline had been announced, the government was now making an "all-out" effort to resettle displaced Muslims.
"It is an urgent need to resettle the Muslims and we are treating it as a major priority."
Since the return process began in August 2009 for the overall displaced population, more than 300,000 have left Menik Farm - the country's largest camp - and some dozen others hastily set up in the final days of the conflict between government forces and the defeated rebels.
"We have successfully completed the resettlement of most IDPs [internally displaced people] who were displaced by the last stages of war in 2008 and 2009 so now we are also shifting our focus to resettlement of Muslims who were displaced decades ago," said a senior military administrative official, who spoke to IRIN on condition of anonymity.
About 80 percent of the displaced Muslims now live in Puttalam - a small fishing town on the north-western coast - with the rest scattered throughout the country, he added.
But for at least one resident of Puttalam, the returns are not happening quickly enough. "Now the war is over and there is no LTTE, I do not know why we cannot go back to our old lands," said Baiz Lebbe. He said authorities "are not paying enough [attention] to facilitate the return process of Muslim IDPs". (IRIN)
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