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Accountability requires more than a domestic mechanism – UN Human Rights Chief

The OHCHR investigation into Sri Lanka (OISL) indicates a pattern of violations that suggest that crimes against humanity and war crimes were likely committed, said the United Nations Human Rights Chief upon releasing the report on Wednesday.

Speaking at a press conference at the United Nations Human Rights Council, Zeid Hussein said,

“The report draws us closer to the conclusion that crime against humanity and war crim shave apparently been committed by state actors, the LTTE and paramilitary groups.”

Highlighting a “deep mistrust” between victims and the state, and “repeated failures by the state in providing justice,” the Human Rights Chief said that a significant recommendation from the report was the set up of a hybrid court to ensure there is no impunity for crimes of “such grave nature.”

Mr Zeid added, “a purely domestic procedure will not succeed in overcoming decades of broken promises…  it is a reality that Sri Lanka’s criminal justice system is not ready to handle these types of crimes.”

Please find a link to the full report here.

Conclusions of the OISL report:

"The OHCHR investigation contained in this report was born out of the past failure of the Government of Sri Lanka to address accountability for the most serious human rights violations and crimes. Ending the impunity enjoyed by the security forces and associated paramilitary groups, as well as holding to account surviving members of the LTTE, will require political will and concerted efforts to ensure the non-recurrence of these violations and crimes.

The new Government’s commitments in this respect are welcome, but it needs to convince a very skeptical audience – Sri Lankan and international – that it is determined to show results. Prosecuting a few emblematic cases will not be sufficient; Sri Lanka needs to address the patterns of serious human rights violations and other international crimes that have caused such suffering for all communities over decades if it is to prevent them haunting its future.

The High Commissioner remains convinced that for accountability to be achieved in Sri Lanka, it will require more than a domestic mechanism. Sri Lanka should draw on the lessons learnt and good practices of other countries that have succeeded with hybrid special courts, integrating international judges, prosecutors, lawyers and investigators. Such a mechanism will be essential to give confidence to all Sri Lankans, in particular the victims, in the independence and impartiality of the process, particularly given the politicization and highly polarized environment in Sri Lanka. OHCHR stands ready to continue providing its advice and technical assistance in the design of such a mechanism.

The High Commissioner also believes the Human Rights Council has – and should continue to play – a critically important role in encouraging progress on accountability and reconciliation in Sri Lanka. As the process now moves into a new stage, he urges Council members to sustain their monitoring of developments in Sri Lanka with a view to further actions that may be required at the international level should there not be concrete results."

This story is developing and will be updated shortly.