A/HRC/25/23
(c)
Shoba (alias Isaipriya)
60.
The analysis by the Special Rapporteur on extrajudicial, summary or arbitrary
executions of the Channel 4 photographic and video material of the death of a high-profile
member of the LTTE press and communications wing, Isaipriya, revealed the likelihood of
summary execution by the army. The video and pictures showed that her clothing had been
pulled away to reveal her bare body.39 In November 2013, Channel 4 released new footage
that shows her being captured alive by the army.
61.
With regard to each of the above three cases, the Government stated the authenticity
of the footage and photographs remained unsubstantiated and unverified. Whether this has
been the subject of any further investigation is unknown.
(d)
“White flag” incident
62.
The Secretary-General’s Panel of Experts examined allegations of extrajudicial
executions of high-level LTTE leaders on 18 May 2009, despite assurances from the
Government that they could safely surrender. High-ranking government and military
officials have provided conflicting accounts of the events in rallies and international
forums.40 While the circumstances surrounding the incident remain uncertain, the Panel
concluded that the LTTE leadership intended to surrender. Evidence of this incident
continues to emerge through non-governmental sources from witnesses now located outside
the country. In its report, the Lessons Learnt and Reconciliation Commission failed to
critically analyse or investigate the “white flag” incident, but it cited testimonies from an
army general and a government agent, who dismissed these allegations. In its comments on
the present report, the Government stated that no further inquiries were being conducted
into the incident owing to lack of credible evidence.
4.
Prageeth Ekneligoda
63.
On 24 January 2010, a Sri Lankan journalist and cartoonist, Prageeth Ekneligoda,
disappeared shortly after leaving work. A few days earlier, he had published an article
critical of President Rajapaksa. Local residents told the Sri Lankan press that they had seen
a white van without numbered plates close to his house around the time of his
disappearance. In August 2009, Prageeth had already been abducted, then released the
following day, with his abductors saying that they had made a mistake. This case is
emblematic of the tens of thousands of cases of disappearance witnessed over the past 30
years in Sri Lanka and remain unresolved. The Ekneligoda case has been raised by the High
Commissioner, the Working Group on Enforced or Involuntary Disappearances, the
Committee against Torture and the Secretary-General’s Panel of Experts. While the
Lessons Learnt and Reconciliation Commission did not investigate this case, it made
general recommendations that the Government investigate abductions, enforced
disappearances and attacks on journalists.
64.
In June 2011, former Attorney-General (now Chief Justice) Mohan Peiris was
ordered to appear at a habeas corpus hearing in the case after telling the Committee against
Torture, in 2011, that Ekneligoda was living in a foreign country. At the hearing, Mohan
Peiris admitted that he did not know Prageeth Ekneligoda’s whereabouts and said that his
39
40
See Amnesty International, Sri Lanka: Briefing to Committee against Torture, October 2011
(available from www.amnesty.org/en/library/asset/ASA37/016/2011/si/2bb1bbe4-8ba5-4f37-82d070cbfec5bb2d/asa370162011en.pdf), p. 20,
See Frederica Jansz, “‘Gota ordered them to be shot’- General Sarath Fonseka”, Sunday Leader, 12
December 2010, available from www.thesundayleader.lk/2009/12/13/%E2%80%9Cgota-orderedthem-to-be-shot%E2%80%9D-%E2%80%93-general-sarath-fonseka/.
15
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