Quo vadis Sri Lanka?

Ph
oto courtesy Amnesty International
by Yolanda Foster
- on 05/18/2014
May 2009 will always be an exclamation
mark in Sri Lankas history. Many will celebrate the defeat of the Tamil Tigers as a
rupture with a brutal past. For others it will mark a period of remembrance as families
mourn relatives lost in crossfire or shelling. It was a time of rumour, elation and pain.
Supporters of the final offensive against the Tigers danced in the streets of Colombo
while survivors emerged from the ruins of war carrying terrifying survival stories. T.V
footage in the country replayed the governments humanitarian rescue operation to
free civilians while children languished in Manik Farm forgotten from public view.
Historians will make better sense of the year that ended Sri Lankas bitter war against
the Tamil Tigers. My own reflections here are grounded in my work with victims
families struggling for justice in Sri Lanka.
17 May 2009
On 17 May I spent my day at Amnesty Internationals London headquarters trying to
clarify information about the unlawful detention of several doctors who had been
working in the No Fire Zone area in northeastern Sri Lanka. The doctors were last
seen on 15 May at the Omanthai checking point and had then disappeared. I was
worried that the doctors had been targeted and punished for providing information
about life in the No Fire Zone zone. Their reports detailed the suffering of ordinary
civilians many of whom died from war related injuries. It was difficult to get additional
information from sources inside Sri Lanka. The country was on tenterhooks as state
media covered the heroic final moments of war as security forces closed in on former
Tiger leader Prabhakaran. But the missing doctors had a right to their part in history
and late afternoon on 18 May 2009 Amnesty International issued an urgent action
about their incommunicado detention (UA 129/09).
Bypassing due process
The significance of the doctors detention is that it was unlawful, bypassing normal
procedures. In July the Sri Lankan authorities held a press conference, the doctors
appeared before the media and recanted their earlier reports from the No Fire Zone. I
wondered how genuine these confessions were, given the doctors prolonged
detention and their vulnerability to ill-treatment given the unlawful nature of their
detention. If the doctors were complicit in criminal offences they should have been
arrested with transparency and charged. The nature of their detention and the
subsequent press conference was a troubling signal that even if the war was over in
Sri Lanka the authorities control of the media and dominant narratives had not
loosened.
Years of Make Believe
On 12 June 2009 Amnesty International hosted a public panel discussion at the UN
Human Rights Council in Geneva to discuss our new Sri Lankan report on impunity,
Sri Lankas Commissions of Inquiry. Findings showed that the promise of justice by
domestic mechanisms is often betrayed by lack of implementation of official
Commission recommendations. Present at the discussion were Gene Dewey, a
member of the last International Commission of Inquiry on Sri Lanka and Dr
Manoharan, whose son was killed in the Trinco 5 incident, one of the high profile
human rights cases covered in the Presidential Commission of Inquiry (COI).
To prepare for the launch I met with Dr Manoharan to find out more about his
experience of campaigning for justice in Sri Lanka. His son, Ragihar, was one of 5
students killed on a beach in Trincomalee town by the security forces in 2006. Dr
Manoharan had spoken out demanding an investigation and had subsequently been
forced to flee the country for safety.
A series of photos was lain out on a table in front of me. Chilling images from a
mortuary recorded by a journalist Sugir who was killed weeks later. The photos
revealed a cover up, a case of state make-believe. The authorities originally put out a
statement claiming the students were killed by a grenade blast when in fact they had
been victims of extra-judicial executions. Dr Manoharan notes:
I visited the mortuary. When I opened the door, the first body I saw was my sons. He
had five gunshot wounds. While I was there, a police officer demanded that I sign a
statement saying that my son belonged to the Tamil Tigers, the armed group fighting
for independence in Sri Lanka. He told me if I did this, they would release his body
immediately.
I refused. I told him that my son is not a Tamil Tiger. He is a sports person, a
table tennis player and coach he coaches police officers and children. He
is a chess player, a student, a good boy.
The government claimed that my son and his friends were killed in a
grenade attack. But three of the boys had head wounds all of them shot
through the back of the head. I have photographs, and the doctors report
confirms this. The entry hole was small, and the exit wound was big. That
shows they shot Ragihar at very close range. That night, I took a decision. I
would challenge the authorities, no matter what.
During our first meeting Dr Manoharan also showed me photos from Ragihars funeral.
It was clear from the massive presence of people including a Buddhist monk, Hindu
priest and Muslim cleric that the community was outraged at the senseless killings.
Many expected the authorities to expedite an investigation. Instead the security forces
were given a carte blanche to threaten Dr Manoharan who was prepared to appear as
a witness. He was forced to flee the country.
Challenging the authorities to tell the truth
Dr Manoharan subsequently testified before the Presidential COI. His emotionally
charged testimony, delivered by video conference from an undisclosed location
outside the country was televised, attracting a high level of public attention. Despite
this, the 2006 Commissions report, delivered directly to the President, has never been
published.
It was clear from Dr Manoharans emotional state that Ragihars death was still an
open wound. As a father he felt it his duty to travel to Geneva to appeal to the
international community as he felt the domestic justice system in Sri Lanka was in
tatters.
At the side event on impunity he made a direct appeal to Sri Lankan government
delegates invited to the event:
My name is Dr. Kasippillai Manoharan. On 2 January 2006, Sri Lankan soldiers
brutally murdered my beloved son Ragihar on a beach in Trincomalee.
Remembering his son, Dr Manoharan was filled with emotion and begged Sri Lankan
officials present to help him find his sons killers. Former Sri Lankan Ambassador to
Geneva, Dayan Jayatilleke commiserated with Dr Manoharan on his loss and another
government representative present, Dr Rajiva Wijesinha promised that the 2006
Commission of Inquirys report would soon be made public. Interestingly in June 2009
officials in Geneva were willing to acknowledge the broader culture of impunity and
need for accountability for violations even if debates on the large-scale violations at
the end of the war remained taboo. This acknowledgement of Sri Lankas culture of
impunity was to be shortlived as subsequent travels to the Human Rights Council
demonstrated a shriller tone by the government as official denials of human rights
violations became more insistent.
Real stories versus make-believe
Working on the Trinco 5 case grounded me and guided my advocacy. It was easy in
2009 and 2010 to get lost in vitriolic attacks and counter-attacks about what happened
at the end of the war. Amnesty Internationals focus on Sri Lanka (a country we have
reported on since 1971) has always been on impunity and the crimes by all parties to
the conflict. The organisation has a long tradition of interacting with the UN and its
mechanisms on behalf of victims families, yet staff were denounced as liars and
apologists for terror. During this period the Sri Lankan government deployed an
enormous amount of spin to contain any damaging information about human rights
violations surfacing. What sharpened my focus on why the UN needed to be aware of
the human rights crisis in Sri Lanka was the clarity of victims families like Dr
Manoharans to see through the fog of official lies. When the Lessons Learnt and
Reconciliation Commission (LLRC) was established I asked Dr Manoharan if he
wanted to prepare a brief for the Commission. He smiled wryly at me and said this will
just be another eyewash for the international community. He explained that he had
already testified before a Presidential Commission of Inquiry so why would he put
himself through the charade again. He wanted the 2006 Presidential COI to be made
public before he could trust another domestic mechanism. As far as he was concerned
the Commissioners could request and access the material that was collected for the
COI.
Since 2009 Dr Manoharan has made an effort to raise the Trinco 5 case in UN fora as
often as possible as a way to deepen an understanding of the culture of impunity in Sri
Lanka.
In January 2011 I travelled with Dr Manoharan to New York where we presented over
50,000 petitions calling on the United Nations to establish an independent,
international investigation into the Trinco 5 case and other war crimes alleged in the
conflict. It was bitterly cold and I remember a poignant moment outside the UN
headquarters where Dr Manoharan and I wondered whether the UN would actually
make good on its promises to follow up on accountability. The process to enter UN
buildings was very formal and at one point we were asked to move on by UN security
but our cameraman insisted on our right to film on the sidewalk.
UN establishes a Panel of Inquiry
But lobbying and the persistence paid off. In April 2011, an independent panel of
experts, appointed by UN Secretary General Ban Ki-moon, recommended the UN
establish such an investigation after finding credible allegations of war crimes and
crimes against humanity by both government forces and the LTTE.
In some of the coverage of how Sri Lanka has played out at the Human Rights Council
it is sometimes forgotten that debates include investigation of the Tamil Tigers. The
LTTE forcibly recruited children as soldiers, used civilians as human shields against
the Sri Lankan armys offensive, and attacked civilians who tried to flee. Amnesty
International has raised this issue with UN member states, with the UN Panel of
Experts and historically with the LTTE leadership itself. The Tamil Tigers bad behavior
however cannot be used as an excuse to bury other crimes in secrecy. Dr Manoharan
was particularly aggrieved that the authorities tried to claim his son was a member of
the Tamil Tigers back in 2006. In a video interview about Ragihars death his wife says
he was an innocent one.
Dr Manoharan and I have met regularly over the last 5 years. We have shared
exasperation at some of the spin the governments demands for more time and
space. We know that a pattern of official cover up for violations dates back years. Dr
Manoharan has repeatedly said that his campaign is not just for the Trinco 5 families
but for all the other families Tamil, Muslim and Sinhalese who have been affected by
conflict and are waiting for answers. On our journey towards justice for the Trinco 5
we have collaborated with a number of Sri Lankan human rights defenders who have
braved reprisals to raise concerns about the rule of law and lack of freedom of
expression in the country. It has not been an easy journey to remove the rose-tinted
spectacles of UN member states but there have been moments of reprieve.
Landmark resolution
In March 2012 at the 19th session of the Human Rights Council, UN member states
finally saw through the governments spin and demanded accountability. Resolution
19/2 called for implementation of the recommendations made by the Sri Lankan
governments own Lessons Learnt and Reconciliation Commission and asked for a
plan to implement those recommendations and investigate the alleged violations at the
end of the conflict.
Instead of discussing options the Sri Lankan delegation engaged in stand offs with
missions and sustained attacks on a number of human rights defenders. The lack of
decorum by the Sri Lankan delegation did not go unnoticed by the President of the
Council, Laura Dupruy Laserre who pointed out the incidents of harassment and
intimidation as NGO representatives were photographed and videoed without their
permission. The strident tone of the delegation and overt intimidation marked a
worrying trend. The authorities were no longer just protecting a certain narrative about
the war they were closing down all discussion on human rights.
Dr Manoharan observed that if this form of intimidation was going on in Geneva it was
terrifying to imagine what tactics of silence were used inside Sri Lanka particularly in
the North and East.
2012 Sri Lankas Universal Periodic Review
At Sri Lankas Universal Periodic Review (UPR) in November 2012 Sri Lanka
continued to deny human rights problems rejecting references to impunity and the
need for independent investigations into alleged human rights violations and past
crimes under international law despite concerns raised by UN members. But the denial
was starting to wear thin particularly when victims families continued to remind
member states of their reality. During discussion of the Universal Periodic Review Dr
Manoharan issued this appeal:
In its 2012 national report for the UPR, the Government of Sri Lanka informed this
Council that the case of my son and his four friends who were also murdered was
referred to the Attorney General to determine whether a prima facie case existed to
launch prosecutions. The Attorney General advised the Inspector-General of Police to
conduct further investigations.
Today, 7 long years have passed since my sons murder, without any justice
or decision from the Sri Lankan magistrates court!
A Presidential Commission of Inquiry has reported on my sons murder, but
no results have been made public. The Lessons Learnt and Reconciliation
Commission strongly recommended further investigation and prosecution of
the killers. Last November, at the UPR Sri Lankas former Attorney General
and now Chief Justice Mohan Peiris promised to finish this case by
December 2012, but nothing has happened.
Silencing Dissent
In March 2013 the Sri Lankan government wrote a letter to the President of the Human
Rights Council asking them to withdraw Amnesty Internationals consultative status.
The rationale being a screening of the documentary, No Fire Zone: Sri Lankas Killing
Fields sponsored by Amnesty and Human Rights Watch. This attempt to bully NGOs
and silence debate failed as it simply gave more publicity to the film with diplomats
wanting to know what it was the Sri Lankan government was so keen to hide. Denial of
the real issues victims failure to find redress by a practice of make-believe were
now being recognised as tactics of obfuscation. Make-believe may work in a context
where the media is controlled but it was hard to dispute the kind of evidence which
was now being submitted in Geneva photos of extra-judicial executions, testimonies
of torture, the pleas of mothers of the disappeared clutching folders with details of their
search for their sons or daughters location.
Tell the Truth campaign
In June 2013 Dr Manoharan launched Amnesty Internationals Tell the Truth
campaign aimed at highlighting some of the key human rights issues in Sri Lanka. The
campaign was intended to be a counterpoint to the whitewash of human rights issues
underway with preparations for the Heads of the Commonwealth meeting scheduled
for October in Colombo. Activists from around the world were inspired by Dr
Manoharans fight for justice for his son and shared photos of their support from
countries as far apart as Cyprus, Nepal and New Zealand. There were messages of
support too from Sri Lankan families.
Pressure mounting on Sri Lanka Ahead of Commonwealth Meeting
In July 2013 the Criminal Investigations Division (C.I.D) arrested 12 Special Task
Force (STF) officers in connection with the Trinco 5 murders. The day after their
arrests I spoke to Dr Manoharan to ask him if he was happy with this development. He
pointed out that the arrest did not include the Senior Superintendant Police officer in
Trincomalee at the time of the incident who was mentioned in the Presidential COI.
While the chief suspect roamed free he could not take the investigation seriously. He
reminded me that the same 12 STF officers had been arrested before and
subsequently released.
Linked to growing international scrutiny on the Trinco 5 case the government felt
compelled to provide an update at the September Geneva Human Rights Council
session and informed the Council that the Non-Summary Inquiry was proceeding.
The rhetoric of the government was not satisfactory to Dr Manoharan who felt that the
promises made were simply a farce. The idea that a case of mass murders was tied
up in a Non Summary Inquiry enabling postponements was deeply frustrating and
emblematic of many other cases endlessly delayed. In this context Dr Manoharan
appealed to the High Commissioner for Human Rights to get updates of the case
during her visit to Sri Lanka.
Rule of Law Eroded
In August 2013 security forces fired at a group of protesters in Weliweriya in Gampaha
District killing 3. The incident acted as a lightning rod for civil societys dissatisfaction
with the dominance of the military in society 4 years on from the end of the war.
On 31 August Navi Pillay, the UN High Commissioner for Human Rights concluded her
visit to Sri Lanka. In a public statement released at the end of her week-long visit, she
highlighted ongoing human rights violations in the country, saying: The war may have
ended, but in the meantime democracy has been undermined and the rule of law
eroded.
The last five years have witnessed a dramatic volte face by UN member states in their
understanding of accountability issues in Sri Lanka. The external environment has
shifted from a situation where Sri Lanka was congratulated for dealing with terrorism
to one in which the Human Rights Council has now mandated an international inquiry
to be led by the Office of the High Commissioner. Part of this external recognition is
due to the courage of human rights activists and victims families. They travelled to the
Council to give testimony on the world stage providing a foil to spin. Countries as
diverse as Mexico and Botswana began to raise concerns about the erosion of rule of
law with the impeachment of the Chief Justice puncturing the narrative of state make-
believe.
Breaking with the Past
It is challenging in any society to deal with a troubled past. In 2012 Amnesty
International released a report on Northern Ireland, Time to Deal with the Past which
addresses the lack of political will from both the UK government and Northern Irelands
political parties to deal adequately with peace and justice. Sixteen years on from the
Belfast/Good Friday Agreement the report finds that victims and their families have
been failed by successive attempts to investigate abuses. What is important to those
affected is that they have the space to discuss these issues a space missing in Sri
Lanka as the government cracks down on dissent.
It is easy to argue the past should be forgotten. For many families affected by violence
this is an impossibility. On one of my visits to Geneva with Dr Manoharan, I noticed
that his phone screensaver is a photo of his son Ragihar. You cannot erase those you
love. Dr Manoharan travels to Geneva not because he is against Sri Lanka he
served for many years as a medical practitioner in the East Coast and has friends from
all communities. In his own words to the Council he says:
With all the pain of losing my son Ragihar, I seek your help and that of the Human
Rights Council to move the investigation of the murder of the five young men in
Trincomalee to the international level because I have no hope for justice in Sri Lanka.
What victims families want is real truth-telling not the fog of official lies. Despite
promises made to Dr Manoharan back in June 2009 justice continues to be delayed in
the case of Ragihars murder. In September 2013, Sri Lankas Permanent
Representative in Geneva delivered a promise that the Attorney General would ensure
an expeditious conclusion of the non summary inquiry in the Trinco 5 case. But the
reality is Dr Manoharan is still waiting. On 24 April this year the Trinco 5 case
(scheduled to be heard at a magistrates court) was postponed again as relevant
security forces witnesses were absent.
Why is Sri Lanka still failing victims?
Victims families have turned to the United Nations in Geneva as their quest for justice
inside Sri Lanka has failed. They know that the Sri Lankan government is unwilling and
unable to investigate events itself, so an international probe is the only way to obtain
truth and justice. The raw pain evident when Dr Manoharan speaks about his son
Ragihar is something that thousands of other families also live with. Dr Manoharan is a
modest yet steadfast advocate. He is reluctant for his case to be used as a political
football. His quest for justice is based on evidence he has seen with his own eyes
the photos from the morgue, a jeep seen in the environment of the killings. He was
brave enough to speak out and demand an inquiry. All he expects is that no stone
should be left unturned in the prosecution of the killers. And yet in a case as high
profile as multiple murders the inquiry remains at a Magistrates Court and is not a
cause of common outrage.
Quo Vadis Sri Lanka?
The debates about where Sri Lanka is today should not just focus on the terrible
ghosts of 2009 or be a tit for tat argument about numbers killed and the inevitable
blame game. Sri Lanka has lived through 3 decades of violence including terrifying
acts of suicide bombing by the Tamil Tigers. But to move forward societies sometimes
need to hold up a mirror to their darker side. Families want to know what sort of truth-
telling is possible so that they can lay their loved ones to rest. One of the disturbing
facts I learnt when looking at the history of Commissions in Sri Lanka is that
thousands and thousands of disappearances from the 1980s remain uninvestigated
today despite lists of names and recognition by official Commissions. Rather than
acknowledging failures to investigate the authorities continue to develop astonishing
narratives of make-believe. The latter reached new heights in March with some official
Sri Lankan delegates at the Human Rights session claiming that torture does not exist
in Sri Lanka. This denial seemed absurd in a context where the Sri Lankan Human
Rights Commission itself publishes statistics of cases that happen monthly. This
practice of make-believe is not serving Sri Lanka well externally or internally. Its why
Sri Lanka has remained a central agenda item at the Human Rights Council. Countries
like Brazil and Benin voted for a resolution to mandate an international inquiry on Sri
Lanka as they recognise make-believe feeds impunity. The Geneva resolutions are not
part of a conspiracy they are simply ripples from the terrible impunity within.
Standing apart from the rumours and accusations one reads daily in the Sri Lankan
media are all too human families waiting for their stories to be heard. 5 years on from
the end of war I hope Sri Lanka can honour the memories of Ragihar and his friends
by finally making public the 2006 Presidential COI report. Its time to abandon make-
believe and seek the truth where violations are alleged. Quo vadis? That depends on
what sort of stories Sri Lankans are prepared to believe.
(This essay is written by Yolanda Foster. She works with Amnesty Internationals South
Asia team in London. Yolanda is an alumni of the School of Oriental and African
Studies (SOAS) in London and has been a research fellow with the International
Centre for Ethnic Studies as well as the Social Scientists Association in Colombo).