A/HRC/37/23
27.
While the High Commissioner recognizes the significant amount of land returned
(about 70 per cent of the land held in 2009 has been returned, according to government
figures), the full extent of land under military occupation claimed by civilians remains in
question. The High Commissioner still considers that the military should only retain land
when it is strictly necessary for security purposes, and upon payment of proper
compensation. The determination of both the need and the compensation should be
achieved through independent procedures.
28.
In accordance with the process agreed between the United Nations and the
Government of Sri Lanka, and consistent with the Policy on Human Rights Screening of
United Nations Personnel, the Sri Lankan military personnel nominated to be deployed to
serve with the United Nations Multidimensional Integrated Stabilization Mission in Mali
(MINUSMA) underwent stringent screening processes by the United Nations. The review
conducted by the United Nations aimed at, and ensured that, in accordance with the
information available to it, none of the approved nominees had had direct or indirect
involvement in human rights violations. After completion of the review, the deployment of
a combat convoy company to MINUSMA took place on 24 December 2017. Following the
oral update by the High Commissioner to the Human Rights Council on 29 June 2016,
pursuant to resolution 30/1, the United Nations supported the establishment and
strengthening of a national screening mechanism hosted by the Human Rights Commission
of Sri Lanka. The Commission will undertake domestically the screening of Sri Lankan
military personnel for future deployments as peacekeepers.
C.
Emblematic cases
29.
The authorities have not yet demonstrated the capacity or willingness to address
impunity for gross violations and abuses of international human rights law and serious
violations of international humanitarian law. The following paragraphs provide a short
overview of a limited number of emblematic cases.
30.
The death of 27 inmates during a security operation at Welikada prison in November
2012 (see A/HRC/25/23, para. 24) has not yet been fully addressed, and threats and attacks
against a key eyewitness to the killings and a lawyer appearing in the case have not been
clarified. In an action before the Court of Appeal in April 2017, the State reported that a
fresh inquiry had been initiated and had been given until 6 February 2018 to report on the
status of the investigation.
31.
In May 2017, an army brigadier general and three other officers were arrested in
connection with the killing of protestors by army personnel during a demonstration over
access to clean water in Weliwerya in August 2013. The brigadier general and a sergeant
were released on bail on 31 August 2017.
32.
Twelve years after the killing of 5 students in Trincomalee in January 2006 and of
17 humanitarian workers of the non-governmental organization Action contre la faim, in
Muttur in August 2006, no noticeable progress has been made in ensuring accountability.
However, legislative changes now allow witnesses in judicial cases to provide evidence
remotely from outside Sri Lanka, and the Government has reportedly taken steps to
facilitate this option with respect to at least one of these cases.
33.
On 12 July 2017, a former commodore and navy spokesperson was arrested in
connection with investigations into 11 cases of disappearances that occurred in 2008 and
2009. In total, six navy officers were detained on remand in connection with the case.
Reportedly, a key suspect is still at large. On 9 January 2018, the six remanded suspects
were released on bail.
34.
Following the acquittal on 24 December 2016 of the five defendants on trial for the
murder of Member of Parliament Nadarajah Raviraj in November 2006, an appeal was filed
in January 2017 on behalf of the aggrieved party as well as by the State. Both cases have
been heard together. However, one of the accused-respondents failed to appear in court.
7
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