It is important in the current context of acute politicisation of human rights protections of the Sri Lankan people, to revisit some of the patterns of abuses that have occurred over the past several decades in this country.

Subverting the cause of justice

This column will return this week to a good historical reference that it has dwelt on before but which needs to be reemphasized for the continuing value that these reflections have on public debate today regarding persistent questions of justice and impuntiy. This is namely the reports of the four 1994 Commissions of Inquiry, Western, Southern and Sabaragamuwa, Central, North Western, North Central and Uva Provinces and the Northern and Eastern Provinces which examined enforced disappearances that had occurred in the country from January 1, 1988. The 1998 All Island Commission of Inquiry which examined the remaining cases of enforced disppearances during this period is also important for this purpose.

Their functioning (though not perfect by any means) was a contrast to the politicised Commissions of recent years, including the Udalagama Commission of Inquiry which was effectively hijacked by ultra nationalist elements and symbolised a most miserable example of why the Commissions of Inquiry Act under which these bodies are established, is wholly inadequate to deal with questions of grave human rights violations when the political intention is to subvert the cause of justice.

Key command role played by politicians

Though little was done regarding implementation of the comprehensive recommendations detailed in the 1994/1998 Commission of Inquiry reports, their contents remain an impeccable illustration of how common the question of justice is to both the majority and the minority communities in Sri Lanka. The 1994 Commissions, for example, investigated a total of 27,526 complaints out of which 16,800 cases were established to amount to enforced disappearances. Out of the 16,800 cases, the three Commissions were of the opinion that, there was evidence indicative of the identities of those responsible for the relevant involuntary removal of persons and their subsequent disappearances in respect of 1,681 cases.

Common features in the Commission reports include the extreme poverty of victims in all parts of the country, the extreme lengths which the police and the army went to in covering up the incidents and the key command role played by politicians. that large numbers of senior politicians were implicated in the findings of the Commissions, some of them Ministers of Cabinet rank at the time, as disclosed in the annexures to these Commission reports, the contents of which though sent under confidential cover to President Kumaratunge, were leaked to the media. It is also interesting that up to date what has been published in the Parliamentary Sessional Papers are the edited reports of these Commissions of Inquiry while some parts of some Commissions reports have yet not been made public. There has also been little detailed analysis of these Commission reports.

Children and women

A poignant reality was that, as revealed by the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, 'out of the 8, 739 cases reported to the Commission, 1. 296 cases concerned the involuntary removal of children aged below 19 years, effectively therefore 14.82% of the total number of disappearances.' Another 2,451 (28.05%) were from the 20-24 age group. Thus 3,747 (43%) of disappearances reported to the Commission were of persons aged 24 and below; 63% of those who disappeared were below the age of 30. Women were particularly victimised.

As the Western, Southern and Sabaragamuwa Disappearances Commission emphasized, "Not only were personal scores settled but some of the personal scores seem to be directly linked with the femaleness of the victim. Further, all parties to the civil conflict had an established pattern of warning off potential members of the other side by killing or harassing relatives of known members of the opposite camp. This practice obviously affected the persons who were most at home - women and children." (Final report of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Paper No V, 1997, at p. 125).

Evidence by the army and police

In proceedings before the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, the following telling evidence was given by then senior army and police officers as to the political pressure that was brought to bear upon them in the performance of their duties. As evidence by then Commander Sri Lanka Army, Lt. General Rohan Daluwatte disclosed "While I was co-ordinating officer Ratnapura, certain political pressures were brought to bear upon me. I was given a list of names with the directions to take them into custody, that they were JVPers. I received the list from a former Minister. When I checked the list with the police, I came to know that they were SLFPers., I was told, that area could be cleared, if I were to catch them."'(Final report of the 1994 Northern and Eastern Disappearances Commission, Sessional Paper No VII, 1997, at p. 62).

The promotion of police officers who engaged in abuses at the command of politicians was also a common feature. The evidence by former IGP (Mr LGD Cyril Herath was to the effect that "In the promotion of Udugampola SP over 15 more senior officers to the rank of DIG, I saw the portents of the plan to use the Police Force in the narrow interests of politicians. It was clear to me that alternative structures of command were put in place within the Police Force for the purpose. I realised that a system of promotion to this effect was being put into operation." ( Final report of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Paper No V, 1997, at p. 35. It must be remembered that frank disclosures of this nature was only possible due to the fact that a different government was in power at that time.

In the 1994 Northern and Eastern Disappearances Commission Report, the Commission concluded that ninety percent of the removals were at the hands of the security forces; army, navy, air force and the police. While naming specific security officers repeatedly implicated in the disappearances, the Commission warned (similarly as the other Commissions) that it cannot, on ex parte evidence alone, decide on their guilt. It was pointed out that proper inquiries have to be undertaken and evidence given by the complainants should stand the scrutiny of cross-examination."

Full and frank scrutiny needed

If a frank and full scrutiny of Sri Lanka's human rights record in recent years is allowed, disclosures of similar patterns of gross human rights abuse and distinct impunity in covering up these abuses will emerge. As the 1994/1998 Commission reports testify to this does not reflect on one particular government alone. On the contrary, such abuses are part of a long history which is our unfortunate legacy. We cannot address these concerns by covering them up or engaging in shameful vilification of those who try to speak candidly.

It is time that ordinary decent Sri Lankans take the question of the accountability of governments into their own hands.