Lanka rejects impunity charge

August 29, 2013

The government says there is no culture of impunity in the country and in instances where evidence is available action to conduct legal proceedings have been instituted  irrespective of the status of those accused, which include politicians, public officials and officers of the law enforcement agencies.

External Affairs Minister, Prof. G.L. Peiris said this when he met visiting UN High Commissioner for Human Rights Navanethem Pillay at the Ministry of External Affairs today.

He said it is important to have an objective approach and extend equal treatment to all countries when fulfilling the assigned mandate.

Minister Peiris reiterated to High Commissioner Pillay Sri Lanka’s firm resolve to work with the United Nations system. However he said that there is a perception in the country about the lack of objectivity and fairness in the treatment meted out to Sri Lanka. The Minister added that Sri Lanka accepts constructive and justified criticism but resents vicious and baseless positions which are incessantly repeated.

On the aspect of accountability, the Minister highlighted the action taken by the law enforcement authorities and cited the instances of some members of the Special Task Force having been indicted in relation to the killing of five students in Trincomalee and status of  investigations with regard to  the Muttur incident involving the ACF workers.  He further explained the difficulties encountered in identifying the perpetrators due to the conditions prevailing at the time of incidence, with regard to the ACF case. The Minister informed however that mobile phone evidence is being pursued in this regard, and therefore the case remains open. He drew a parallel with the case of the assassination of the former Foreign Minister late Lakshman Kadirgamar, where conviction has not been possible due to the lack of evidence.

Addressing allegations of disappearances, Prof Peiris explained that the Ministry of Justice has formulated a draft amendment to the Penal Code to criminalize enforced disappearances, also formulated amendments to the Criminal Procedure Code and the Human Rights Commission of Sri Lanka Act in order to give effect to recommendations in the National Human Rights Action Plan.  He outlined the difficulties in identifying the missing due to instances involving persons having migrated to other countries holding multiple identities, and those host governments not divulging their details.  This fact aggravates the difficulty in compiling correct statistics. It was indicated that the repeated use of baseless and arbitrary figures in respect of disappearances, eventually acquire authenticity in the face of the massive propaganda that is being carried out against the Government of Sri Lanka.

With regard to High Commissioner Pillay’s reference to the last days of the armed conflict, Prof. Peiris stated that the Sri Lanka military was involved in the largest hostage rescue operation in contemporary history.  It is factually known that the LTTE ruthlessly annihilated people trying to escape from their clutches.  While noting that Ms. Pillay too had called on Sri Lanka to end military operations, the Minister stated that if Sri Lanka had acceded to that call the present ground realities would have been different as a responsible government steps had to be undertaken to safeguard the Sri Lankan people not heeding to calls of some external elements.

The Minister also referred to the High Commissioner’s concern over the inclusion of the police under the newly created Ministry of Law and Order, instead of the Ministry of Justice.  He indicated that her stated position is fundamentally unacceptable and does not move in accordance with the established procedures of Sri Lanka.  The Minister pointed out that the Police Department has consistently been under the Ministry of Defence and only briefly, 2002-2004, under an Interior Ministry.  It has to be noted that most countries too have Police under Ministries other than Justice, and   further, he indicated that the creation of the new Ministry of Law and Order under which the Police Department is now placed is in line with a LLRC recommendation. (Colombo Gazette)