A/HRC/25/23
budgetary considerations. It should enjoy the broadest possible mandate covering the entire
period of the conflict and the whole territory. It should be based on a broad national
consultation process, which should include the views of victims and survivors and of civil
society organizations from all parts of the country. Lessons must be learned from the failure
of past commissions of inquiry to ensure that any new mechanism enjoys the independence
and powers necessary to be effective. For instance, any comprehensive truth mechanism
should be established on a specific legislation meant for the mechanism, not under the
currently flawed Commission of Inquiries Act.
46.
The High Commissioner notes that it would not be permissible for any truth
mechanism to grant amnesties that prevent the prosecution of individuals who may be
criminally responsible for war crimes, genocide, crimes against humanity or gross
violations of human rights, including gender-specific violations. A truth commission should
consider seeking international support, for example special technical, legal and policy
assistance, as well as the involvement of international investigators to assist the process.
Lastly, any such truth commissions should be complemented by comprehensive and
coherent transitional justice mechanisms and processes that include prosecution,
reparations, vetting and other accountability or reform programmes.
B.
Emblematic cases
47.
The failure of the Government to make any significant progress towards
accountability is illustrated by the lack of independent and credible investigations into
allegations of serious human rights violations in several emblematic cases. These cases
have been repeatedly been drawn to the attention of the Human Rights Council by the High
Commissioner and international human rights mechanisms. The Secretary-General’s Panel
of Experts highlighted in its report many of these cases (paras. 149, 170 and 414), which
were investigated by previous national commissions of inquiry and for which the Lessons
Learnt and Reconciliation Commission also recommended further investigations. In some
cases, the Government has repeatedly reported to the Council that progress had been made
in investigations. None of these cases has, however, resulted in the perpetrators being
brought to justice. These cases are only a small but representative sample of the grave
allegations of serious human rights violations committed by the Government and the LTTE
during the conflict that have yet to be investigated or remain unresolved.
1.
The Trincomalee five
48.
On 2 January 2006, five students were allegedly beaten and executed by Sri Lankan
security forces at the Trincomalee sea-front. The Trincomalee Magistrate’s Court
concluded in its inquest that the deaths had been due to gunshot injuries, and directed the
police to conduct further investigations and to bring the suspects to court. A number of
special task force members at the scene were detained as suspects soon after the incident,
but released the same year. Since then, the magistrate in Trincomalee has postponed the
case on a monthly basis, requesting the Criminal Investigation Division to produce reports
of its investigations. The Division has failed to do so and has not provided justifiable
reasons for the delay. Several witnesses and their family members fled the country after
receiving threats.31
49.
In 2006 and 2007, the Trincomalee case was investigated by the Udalagama
Commission, which was observed by an international independent group of eminent
31
12
See University Teachers for Human Rights (Jaffna), special report No. 30, 1 April 2008. Available
from www.uthr.org/SpecialReports/Spreport30.htm.
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