Monday, 07th July 2014
By Disna Mudalige
The Sri Lankan government’s decision not to be a part of the international investigation by a team appointed by the Office of the UN High Commissioner for Human Rights is praiseworthy, as the country can challenge the credibility of the evidences collected unilaterally, attorney-at-law and Kotelawala Defence University Law Faulty Dean Dr. Prathiba Mahanamahewa told the Daily News yesterday.
He said all concerned parties should be represented in any investigation for it to be fair and valid.
Dr. Mahanamahewa observed that the vague identity of the persons and non-availability of a chance for cross questioning drastically reduces the credibility of the investigation.
He noted the eyewitnesses constitute powerful evidences in any investigation, adding that most of the evidences before the international investigation team would not be from persons inside the country but from those among the LTTE sympathisers of the diaspora. Dr. Mahanamahewa said Sri Lanka has ample reasons to challenge the international investigation process before the international community as it follows a biased, partial and invalid process.
He observed the ommission in the UN resolution of the blatant violations of human rights of about 285,000 persons by the LTTE during the last phase of the war by shelling at them and taking them as hostage, proves the partiality of the entire process.
Meanwhile, commenting about the fact that several LTTE suspects arrested recently in Malaysia were found holding UNHCR card, Dr. Mahanamahewa said the UN should seriously concentrate on the procedure it follows when registering persons on its list of refugees, as it is being misused by the persons involved in terrorist acts.
However, he stressed that holding the UNHCR card does not provide immunity for any suspect before the law, adding that the person could be produced before court and punished for the crimes he had committed.
“We request from all countries to collaborate with Sri Lanka to confront LTTE terrorism as Malaysia has done. We have to raise concerns, if persons with terrorist links use UNHCR card as a shield to escape from the law. The UN should adhere to thorough screening of persons before granting refugee status. Most of the LTTE remnants have been actively involved in fund raising and re-organising for the LTTE. The countries which do not support Sri Lanka in arresting the LTTEers are supporting terrorism. Someday, these countries will experience the bitter consequences of nourishing terrorism,” he said.
Meanwhile, former University Grants Commission Chairman and scholar Prof. Gamini Samaranayake said shielding the LTTE suspects by giving them refugee status is totally unacceptable and a violation of international law and norms. He said seeking refugee status in search of economic and political protection is an organised racket widespread in the world today.
From : http://www.dailynews.lk/?q=local/un-probe-sl-did-right-non-participation
