A/HRC/30/61
Christians and religious sites, 57 since January 2015.4 In April 2015, the Government
announced plans to revise the Penal Code to criminalize hate speech; these amendments
have yet to be presented.
23.
As at August 2015, there were no prosecutions in relation to attacks by the Buddhist
group Bodu Bala Sena on the Muslim community in Aluthgama in June 2014, where four
people were reportedly killed and 80 injured.
IV.
Principal findings of the investigation
24.
The section below summarizes the principal findings established by OHCHR as a
result of its investigation and on the basis of the information in its possession. The sheer
number of allegations, their gravity, recurrence and the similarities in their modus operandi,
as well as the consistent pattern of conduct they indicate, all point to system crimes. While
it has not always been possible to establish the identity of those responsible for serious
alleged violations, these findings demonstrate that there are reasonable grounds to believe
that gross violations of international human rights law, serious violations of international
humanitarian law and international crimes were committed by all parties during the period
under review. Indeed, if established before a court of law, many of the allegations may,
depending on the circumstances, amount to war crimes if a nexus is established with the
armed conflict and/or crimes against humanity if committed as part of a widespread or
systematic attack against a civilian population. In some of the cases, the alleged acts were
apparently committed on discriminatory grounds.
A.
Unlawful killings
25.
On the basis of the information obtained by the investigation team, there are
reasonable grounds to believe the Sri Lankan security forces and paramilitary groups
associated with them were implicated in unlawful killings carried out in a widespread
manner against civilians and other protected persons. Tamil politicians, humanitarian
workers and journalists were particularly targeted during certain periods, although ordinary
civilians were also among the victims. There appears to have been discernible patterns of
killings, for instance in the vicinity of security force checkpoints and military bases, and
also of individuals while in the custody of security forces. If established before a court of
law, these may, depending on the circumstances, amount to war crimes and/or crimes
against humanity.
26.
The investigation team also gathered information that gives reasonable grounds to
believe that the Liberation Tigers of Tamil Eelam (LTTE) also unlawfully killed Tamil,
Muslim and Sinhalese civilians perceived to hold sympathies contrary to LTTE. LTTE
targeted rival Tamil political parties, suspected informers and dissenting Tamils, including
political figures, public officials and academics, as well as members of rival paramilitary
groups. Civilians were among the many killed or injured in indiscriminate suicide
bombings and claymore mine attacks carried out by LTTE. Depending on the
circumstances and if confirmed by a court of law, these may amount to war crimes and or
crimes against humanity.
27.
The team also investigated allegations of extrajudicial executions of identified LTTE
cadres and unidentified individuals on or around 18 May 2009, some of whom were known
4
6
See National Christian Evangelical Alliance, incident reports (http://nceasl.org/category/incidentreports/)
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