SL’s panel recommends foreign judges in judicial mechanisms

Colombo: In a setback to the government, a civil society panel appointed by the Sri Lankan Prime Minister has endorsed the UNHRC call for including international judges to probe war crimes allegations against the Lankan troops and the LTTE during the last phase of the decades-long civil war.

The Consultation Task Force on Reconciliation Mechanisms was appointed by Prime Minister Ranil Wickremesinghe last year to seek public views and comments on the proposed mechanisms for transitional justice and reconciliation in terms of the UN Human Rights Council resolution on Sri Lanka in October 2015.

The government opposes a mechanism with international judges and maintains that the Sri Lankan judiciary system had the capacity to try those responsible for war crimes. However, the Tamil rights groups have challenged the government’s stand. In sharp variance with the government’s stand, the task force report recommends the setting up of a special court and office of special counsel, the court shall ensure that there will be a majority of national judges and at least one international judge on every bench. It adds that the special court should be mandated to try international crimes including war crimes and crimes against humanity and pay particular attention to crimes of sexual violence and crimes against children. The UNHRC resolution had accused both the army troops and the Tamil Tigers for war crimes during the final battles. Commenting on the report, Minister of Health Rajitha Senaratne said the government would not waver from its original stance of not having foreign judges. “We have said that we will limit all mechanisms to local judges. The civil society is free to express an opinion but it will be the government who would decide on the issue,” Senaratne told reporters. The Lankan troops in 2009 defeated the LTTE which was fighting for an independent state for minority ethnic Tamils. According to a 2011 report by the UN, about 40,000 Tamil civilians were killed in the final weeks of the civil war. — PTI

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