Sri Lanka must demand : Investigate the Investigation (UNHRC /UN and its Resolutions must be probed)
Posted on August 31st, 2015

– by Shenali D Waduge

With just days for the UNHRC Panel to conclude accepting submissions it has emerged that the UNHRC has been cheating the system by providing UNHRC war crimes forms to only one party and that too clandestinely with links to LTTE-TNA. The shocking discovery immediately takes us back to sample formats appearing on internet to help Tamils compile cases against Sri Lanka during the Panel of Expert investigation. We now question how many of the ‘witnesses’ that the Panel of Experts claimed to quote from were bogus people. We question how many witness accounts were lies. The discovery of signatures being collected on blank forms to write lies to establish a case for the UNHRC panel against Sri Lanka should make the UNHRC ashamed. The Government of Sri Lanka must not waste any more time but to publicly and internationally make its case and immediately demand an investigation into the investigation that started out with lies, is continuing with lies and is likely to end in lies to create a precedent and establish an agenda that will be detrimental for the sovereignty of Sri Lanka and the region as well. The officials of the Government must immediately get into action and prepare their case that Sri Lanka is not going to accept any more allegations until an investigation is launched and concrete evidence is given for the allegations that have been made against Sri Lanka since 2009. Sri Lanka must also demand that an investigation be launched into all parties that have been carrying out an anti-Sri Lanka campaign and reveal who funds them and why.

UN Must Investigate Why UN must investigate
Ban Ki Moon, the UN Secretary General initiated a 3 member advisory panel to advise him on ‘alleged violations of international human rights and humanitarian law during the final stages of the conflict in Sri Lanka’

 

http://www.un.org/sg/statements/?

nid=4627

 

  • This was NOT a UN General Assembly or UN Security Council appointed Panel. It was a panel appointed to advise the UN Secretary General.
  • The panel was to advise him on the final stages of the conflict – the Resolutions have gone beyond the final stages of the conflict and involve post-conflict scenarios where only the GOSL is targeted since there is no LTTE ground force following its defeat in May 2009.
  • How did an advisory panel, appointed to advise the UNSG on a private capacity end up becoming the basis on which Resolutions and UNHRC reports have been based? There is an illegal dimension to what has transpired. If so who will investigate?
  • Why have successive Resolutions gone beyond the final stages of the conflict wherein the post-2009 allegations are meant to solely target the GoSL?

 

The Ban Ki Moon appointed panel was to advise him on ‘the implementation of the commitment on human rights accountability made in the Joint Statement issued by President Rajapaksa of Sri Lanka and the Secretary-General’ when he visited Sri Lanka on 22 May 2009
  • That joint statement being referred says thus The Secretary General underlined the importance of an accountability process for addressing violations of international humanitarian and human rights law. The Government will take measures to address those grievances
  • (Nowhere does the Sri Lankan Government commit to undertaking an investigation nor does the GOSL agree to an international investigation)
  • Why did the UNSG appoint a panel when there was no such undertaking by Sri Lanka to conduct an investigation in the joint statement that is being referred to?
  • How did a Panel appointed for personal advisory opinion end up as source for successive UNHRC Resolutions and the basis on which UNHRC head based her reports?

 

The appointment of a Panel inspite of the GoSL appointing its own panel
  • The LLRC was appointed in March 2010
  • Why did the UNSG not give Sri Lanka any time to carry out its own investigation?
  • The PoE was appointed in June 2010 hardly a month after the Sri Lankan Government appointed the LLRC – this is unfair and does not indicate any respect or regard for domestic mechanisms.
Questioning the modalities of the Panel

 

 

The Panel says ‘it is not a fact finding or investigative body’ if so on what basis of evidence did the Panel conclude that

  • Violations of humanitarian law occurred and classified sources as ‘confidential’ denying cross-examination by Sri Lanka for 20 years
  • On what grounds did the Panel characterize LTTE as ‘the most disciplined and most nationalist of the Tamil militant groups’.
  • Why did the Panel state that the conflict ended ‘tragically’ when the entire country was relieved that they could walk out of their homes without fear. Only LTTE supporters would have felt a tragic end to the conflict!
  • Why does the Panel refer to and make comments on the family of HE the President when their mandate was only the last stages of the conflict – another instance of bias of the Panel?
Questioning the appointment of Maruzuki Darusman as Chairman of the PoE The panel appointed to offer advice must be minus prejudices.

Ban Ki Moon chose Darusman inspite of his criticism of the GOSL while he served as a member of the International Independent Group of Eminent Persons appointed in 2007.

The IIGEP including Darusman refused to participate in the sessions of the Commission of Inquiry into Human Rights violations.

Ban Ki Moon was wrong to appoint a biased Darusman while Darusman himself should have declined to accept given his bias.

Appointment of Yasmin Sooka to the PoE. She has been since associated with pro-LTTE groups and is now serving in the Advisory Council of an anti-SL campaign

 

The conflict of interest are highlighted:

http://www.onlanka.com/news/

is-yasmin-sooka-biased-and-

 

prejudiced-against-sri-lanka.html

  • She was employed and funded by a EU established entity serving as Executive Director for the Foundation of Human Rights. As EU were en bloc pushing for charges against Sri Lanka the biased nature of her selection to the Panel needs to be investigated.
The PoE in its report of March 2011 declared that it found ‘credible allegations’ of crime
  • Organizations and Media have substituted ‘allegations’ with ‘evidence’.
  • The guilty are Amnesty International, International Crisis Group, Australian Red Cross, Human Rights Law Centre, ABC Four Corners, ABC Radio Australia, AFP, BBC, Channel 4, Groundviews, Reuters, Sydney Morning Herald, the Australian, Voice of America, Gordon Weiss
The Poe in its report of March 2011 declared that there could have been as many as 40,000 civilian deaths.”

 

http://www.onlanka.com/news/

how-media-and-hr-groups-purposely-

 

misinterpreted-ban-ki-moons-panel-of-expert-report.html

  • ‘as many as 40,000’ became 40,000 and more deaths quoted without any sources/evidence
  • The guilty are India Today, PBS, NDTV,

 

Challenging the 40,000 and more dead figures
  • Accusers need to give valid explanation and evidence as to why GOSL should wish to kill 40,000 and more while physically saving close to 300,000 at the risk and loss of lives of their own soldiers?
  • Whether deaths were 40,000 or more the accusers have yet to give a single name to the dead.
  • Accusers need to explain why US satellite failed to pick up 40,000 or more burials. US satellite found only 3 mass graves – 1 was a LTTE grave.
Investigate the dead figures

 

Investigate on what grounds the PoE refused to accept the UN Country Team estimate of 7721 deaths a report which the UN is not making public?

 

Investigate how and who started making obnoxious death toll figures and how the media was allowed to ridicule and humiliate a country without any basis for accusations.

  • 13 March 2009 – Navi Pillay quoted 2800 deaths
  • 24 April 2009 – UN gave 6432 deaths
  • 13 May 2009 – UN country team gave 7721 deaths
  • SL government census in the war zone which was carried out by Tamil teachers in the region in Feb/March 2011 came with a figure of 7432 un accounted
  • Even pro-LTTE website gave death total as 7,398
Investigate the Charles Petrie report
  • Investigate why the UN did not wish to disclose the UN country team death estimate report
  • Investigate why Charles Petrie report was established to create the notion that because of its conclusion that the UN Failed the report was kept from being made public
  • Tell the Sri Lankan public why the UN failed the 20m people throughout 30 years by the UN doing nothing to stop LTTE terror
Investigate Gordon Weiss
  • He was the UN Spokesman in Colombo
  • Investigate his associations with pro-LTTE groups and in what capacity he is attending pro-LTTE events and speaking at pro-LTTE events as well
  • Investigate on what basis he hyped civilian death toll figures from initial 10,000 to 30,000 and 40,000
Was there an official NO FIRE ZONE
  • Rule of armed conflicts and establishment of a no fire zone requires both parties to the conflict to agree and officially accept the demarcation. There was no such accepted written agreement.
  • The No Fire Zone was only a one sided demarcation created by the SL troops to ask civilians to move to safety.
  • Investigate why LTTE moved into an area that was meant to be for civilians
  • Investigate why LTTE moved artillery into the area and fired from within civilians
 

Allegations of Navi Pillai taking case of Sri Lanka

  • Conflict of interest in her ethnicity
  • Her neutrality questioned in using LTTE sources she has issued derogatory statements against Sri Lanka from her office without any evidence or quoting from LTTE sources
  • Ignoring 30 years of LTTE crimes and insisting only on the last 3 months of the conflict
  • procedural bias by circulating her own incriminating report while refusing to attach Sri Lanka’s response
  • attempting to polarize communities by bringing up isolated cases of religious issues while totally ignoring the over 700 attacks of mosques in the UK and attempting to link rapes in the North with military presence in order to use that as a ground to demand the removal of the military, another imperial outsourced agenda item.
  • making statements without substantiate evidence in accusing the GOSL as being ‘authoritarian’.
Investigate the credibility of the 3 members appointed by Navi Pillai

 

http://www.onlanka.com/news/

navi-pillai-appoints-martti-

ahtisaari-bribed-by-albanian-

mafia-to-deliver-kosovo-

independence-to-

 

investigate-sri-lanka.html

 

  • Has the UN conducted and concluded an investigation on Marti Ahtisaari accused of accepting bribes by the Albanian Mafia to deliver Kosovo independence
Investigate how UNHRC war crimes forms came to be in the hands of TNA-LTTE
  • This is the most shocking and astonishing disclosure and completely exposes the UNHRC
  • An immediate investigation needs to be launched as to how UNHRC war crimes forms have been given to only one party
  • This connects to former allegations of how sample letters of how to lodge complaints to the PoE was made available via internet and questions the credibility of the PoE witness sources too though these sources have got 20 years anonymity.
Investigate the organizations taking an anti-Sri Lanka campaign
  • The organizations that have teams tasked to campaign against Sri Lanka need to be investigated. Who is funding them, why are they been funded, how much are they paid, what is the motive behind the funding – if parties are being paid to carry out an anti-Sri Lanka campaign of slander, lies and distortions all these entities need to be investigated.
  • Ex: Canadian Tamil Congress is proscribed as  a pro-LTTE organization by the GOSL, the same CTC donated $50,000 to Amnesty International and AI has been at the forefront of anti-SL campaigns.
Investigate Foreign Parliamentarians coerced into supporting pro-LTTE and taking an anti-SL line using their portfolios

http://www.defence.lk/new.asp?

fname=YOUR_MAJESTY

_Are_you_aware_that_UK_MPs_

openly_support_LTTE_terrorist_

 

fronts_20130306_03

  • All foreign parliamentarians and international officials need to be investigated for their association with the proscribed entities named by the GOSL
  • These investigations will reveal in what manner these foreign MPs and international figures have agreed to provide backing to pro-LTTE groups
Investigate Channel 4

 

 

http://tamiltigeractivities.

wordpress.com/

2014/09/17/

ltte-member-vany-kumar-

how-many-ltte-terrorists-

 

have-become-witnesses/

  • Who funded the Channel 4 documentaries
  • On what basis can a documentary which inserts edited clippings and inserts them to a storyline the producers and funding parties wish to convey become a transparent and factual account?
  • Investigate some of the characters that C4 interviews for many of the star witnesses have been proven LTTE members
  • Investigate and disclose the sources to verify authenticity of the video and whether the clips were actually taken from mobile phones as was claimed.
Investigate the documentary ‘Lies Agreed Upon

 

http://www.defence.lk/new.asp

?fname=lies_agreed_upon_20110801

  • Testimonies of over 50 Tamil civilians that confirmed there was no direct fire from SL forces
  • Testimonies that praised the SL forces
  • Testimonies that the SL forces only returned fire when LTTE fired first
Investigate the 6 Tamil doctors and their affidavits

 

http://www.defence.lk/new.asp?

fname=Vanni_Pocket_in_Refutation

 

_of_Channel_Four_20140108_06

 

http://www.dailynews.lk/?q=features/

dr-varatharaja-show-his-true-colours-geneva

 

  • Investigate the doctors confirming adequate medical supplies
  • Investigate the doctors assessment of civilian deaths
  • Investigate the doctors who confirmed that LTTE repeatedly located their artillery in close proximity to hospitals
Investigate all the 16 organizations and 424 individuals most of whom are now holding foreign passports
  • GOSL has banned 16 pro-LTTE organizations and declared 424 individuals as supporting terrorists under UN Security Council Resolution 1373
  • All members of the UN who have endorsed the Counter Terrorism Committee Resolution 1373 need to assist the GOSL to investigate and charge these entities and individuals for their links to a designated terrorist organization.
  • All foreign passport  holding Tamils need to be thus investigated immediately
Investigate the precedent being created
  • Sri Lanka is the first country that the UNHRC is investigating a concluded conflict without UN Security Council or UN General Assembly sanction.
  • Sri Lanka needs to know why throughout 30 years the UN did not investigate or declare the LTTE as a terrorist entity despite its terror ways and despite LTTE being designated as a terrorist entity since 1997.

The UNHRC panel must have already prepared their report but the compelling data available is sufficient for the Sri Lankan State to demand that answers to their questions be given first before the UNHRC reveals their report to make recommendations we know will only target the Sri Lankan Government which has been the plan all along.

We need to be given a rational, a logical, a legal and acceptable answer to all and more questions above.

The Sri Lankan Government must now itself demand that questions to their queries must be answered before the UN points any incriminating fingers at the Sri Lankan nation or attempts to make any proposals that set out to divide the country.

– by Shenali D Waduge

4 Responses to “Sri Lanka must demand : Investigate the Investigation (UNHRC /UN and its Resolutions must be probed)”

  1. Lorenzo Says:

    NO ONE is going to investigate these crooks. We should have put our house in order.

    Now it is obvious UNHRC sham resolutions had NO TEETH but were used to intimidate SL to DIG ITS OWN GRAVE!

    We should have DISREGARDED these resolutions and done the RIGHT THING by SL. But our govt. went to do those. Demilitarization, northern provincial council, LLRC, etc., etc.

  2. Ananda-USA Says:

    Facebook LORENZO the TREACHEROUS HYPOCRITE screams that 13A should be REPEALED while he UNDERMINED and HELPED to OUST the one man ….. President Mahinda Rajapaksa …. who led the Patriotic Forces that could DO IT!

    Such is the DEVIOUS NATURE of this EELAMIST AGITATOR!

    LORENZO KNOWS VERY WELL that REPEALING the 13A is now BEYOND REACH, now that the Yamapalanaya GoSL led by the man Somarama Sirisena that he helped to ride into the Presidency!

    So, LORENZO WRAPS himself in the Lion Flag YELLING “REPEAL the 13th Amendment” and “I am the ONLY ONE who DEMANDS it”, knowing VERY WELL WHAT the rest of us PATRIOTS have long ago realized: that although we Patriots too want the 13A to be REPEALED, that is achievable only with a PATRIOTIC PRESIDENT and a PATRIOTIC POLITICAL PARTY in POWER, which this TREACHEROUS EELAMIST Facebook Lorenzo HELPED TO OUST in his QUEST for his EELAM!

    WHO AMONG the Patriots STILL FAILS TO REALIZE this MACHIAVELLIAN STRATEGY of this REPROBATE Facebook LORENZO desperately seeking to stitch together his tattered “Patritic” sheepskin under which he hopes to engage in more MISCHIEF? Hello …. Any Gullible Lorenzo Fans STILL out there among the Patriots?? Helloooo …….??

  3. Ananda-USA Says:

    This Machiavellian Eelamist Facebook Lorenzo is looking for people to “Investigate These Crooks” he HELPED into power while UNDERMINING the ONLY ONE who had the Motivation and the Power to PREVENT this CROOKERY from beginning….. President Mahinda Rajapaksa!

    Instead, he jumped up and down at LankaWeb, making extensive LISTS of TOTALLY FALSE ACCUSATIONS of corrupt deals under the MR/UPFA GoSL. Now, he wants to “Investigate the New Crooks” as if the Crooked Yamapalanaya government has the Motivation to investigate itself!

    What a BLOODY HYPOCRITE this Blackhearted Eelamist Facebook Lorenzo is!

    This Modaya is still thinks he can convince LankaWeb readers that he is a “Patriot”! What a CONGENITAL SHAMELESS FOOL!

  4. Ananda-USA Says:

    And HERE is the NEXT STEP by the INCURABLY TREASONOUS Tiger Nominated Agents of the TNA towards EELAM!

    The Yamapalanaya Government’s days are NUMBERED when this REALIZATION HITS the MAJORITY COMMUNITY of Sri Lanka flat in the FACE!

    TRAITORS Galore in the UNPatriotic Party can now RUN like HELL, but there is NOWHERE to HIDE in Sri Lanka!

    THIS is the BEGINNING of the END for them!!

    ALL the Sinhala Buddhist MODAYAS who VOTED for the Yamapalanaya can NOW BEAT their CHESTS, CRY themselves HOARSE and HEAD BACK to President Mahinda Rajapaksa … RIGHT NOW!

    ……………………..
    Sri Lanka’s Northern Provincial Council unanimously calls for an international tribunal

    Sept 01, Colombo: Sri Lanka’s Tamil-controlled Northern Provincial Council (NPC) today unanimously called for an international probe into the alleged war crimes committed towards the end of the war with the LTTE.

    The Chief Minister of the Northern Provincial Council C.V. Wigneswaran on Tuesday passed a resolution rejecting the domestic process being proposed by the United States and other members of the international community.

    While acknowledging the “long standing efforts” of the United States and India along with the international community in securing justice, the NPC dismissed a domestic mechanism backed by the U.S. as Sri Lanka has had a “long and blighted history of human rights violations’ which according to the NPC amounts to genocide.

    In this context, the NPC, which is controlled by the main Tamil party, Tamil National Alliance (TNA), said in its resolution that the trial of the alleged perpetrators should not take place through any mechanism instituted by the Sri Lankan Government as a State also incurs responsibility for the acts of its agents.

    “Under these circumstances, the trial of the perpetrators of international crimes by a domestic mechanism would be a travesty of justice as it would amount to the potentially guilty Government trying its own agents, thereby violating the prohibition in the maxim nemo iudex in sua causa,” the resolution said.

    The NPC resolution alleged that there is well-recorded prejudice among members of the Judiciary against the minorities and emphasized that Sri Lanka’s descent into grave human, political and social rights’ violations was precipitated and reinforced by the failure of key pillars of State.

    “The prolonged decline in the political culture and political will of the State and the failure of key institutions of Justice, law and order, i.e. Judiciary, police and the armed forces, ensured that impunity became the new norm in Sri Lanka. The Tamil community bore the full brunt of this new norm at all levels of its existence,” it said.

    “For these reasons, the Council calls upon the International community to set up an international tribunal to try those alleged to have committed international crimes against the Tamil People in Sri Lanka,” the NPC said.

    “We urge the new leaders of the Sri Lankan government to be courageous enough to work with the International community to set up a credible international mechanism which will deliver justice and put this nation on a path of meaningful reconciliation.”

    The United States last week confirmed that it will sponsor a resolution at the United Nations Human Rights Council session in Geneva later this month supporting the Sri Lankan government to conduct its own domestic probe into the alleged war crimes committed during the war with the LTTE.

    The Tamil party has earlier rejected a domestic probe into the alleged war crimes saying that they have no faith in government mechanisms despite assurances given by the government that the domestic probe will meet international standards.

    The Northern Provincial Council said it awaits the report of the OISL of the United Nations High Commissioner on Human Rights to be released this month which is due to identify the nature of the crimes committed and possibly, the alleged perpetrators.

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