This Report of the Secretary-General’s Panel of Experts on Accountability in Sri Lanka” is also called the ‘Darusman report’ or ‘PoE report. Mr. Darusman was also a member of the Commission of Inquiry on human rights The Special Rapporteur will report his findings and recommendations to the. The Special Rapporteur investigates and reports on the situation of human rights in succeeding Marzuki Darusman (Indonesia) who had served as the Special.
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The panel’s work revealed “a very different version of the final stages of the war than that maintained to this day by the Government of Sri Lanka “. The panel farusman that as many as 40, civilians may have been killed in the final months of the reoprt war, most as a result of indiscriminate shelling by the Sri Lankan military.
The final months of the Sri Lankan Civil War resulted in the deaths of thousands of civilians, the displacement of more than , and allegations of gross violations of international darussman humanitarian law by both sides. Foreign governments, international human groups and Sri Lankan Tamil diaspora groups all called for an independent investigation. At end of the trip the UNSG and Sri Lankan President Mahinda Rajapaksa issued a joint statement in which the Sri Lankan government agreed to take measures on accountability for violations of international humanitarian and human rights law.
In the following months the Sri Lankan government failed to take any meaningful steps on accountability and more evidence emerged of alleged violations during the final months of the civil war. As pressure grew for an international inquiry the UNSG appointed a three-member panel of experts in June to advise him on accountability issues relating to alleged violations of international human rights and humanitarian law in the final stages of the civil war.
The panel examined “the modalities, applicable international standards and comparative experience with regard to accountability processes, darussman into account the nature and scope of any alleged violations in Sri Lanka”. The Sri Lankan government reacted angrily to the panel’s appointment, calling it “an unwarranted and unnecessary interference with a sovereign nation”.
On 12 April the panel handed over its report to the Secretary-General who passed on a copy to the Sri Lankan government. The members of the panel were: The evidence obtained by the panel revealed “a very different version of the final stages of darusmaan war than that maintained to xarusman day by the Government of Sri Lanka”. Specific findings of the panel: The report states that the “credible allegations” demand a serious investigation and the prosecution of those responsible.
The panel concluded this is not in accordance with international standards and fell “dramatically short of international expectations”. The panel found that the Sri Lankan justice system was incapable of providing accountability.
Military courts and other domestic institutions were also incapable of providing dqrusman. The panel found that the government’s triumphalism and the Sri Lankan Tamil diaspora ‘s inability to acknowledge the Tamil Tigers’ role in the humanitarian disaster also hindered accountability. Reeport panel criticised the Darusjan for not protecting civilians.
The panel made a number of recommendations, including that there be an independent international investigation into the alleged violations of international law and that the Sri Lankan government darisman out genuine investigations of the alleged violations of international humanitarian and human rights law committed by both sides.
The panel found that even two years after the end of the civil war there were no accurate, reliable figures for the number of civilian deaths during the final months of the civil war.
A UN document estimated that 7, civilians were killed between August and 13 May The panel detailed a couple of techniques that could be used to estimate the death toll. It is estimated xarusman there were 40, surgical procedures and 5, amputations performed during the final months of the civil war.
Darusman Report | Rajiva Wijesinha
Using deaths to injuries ratios of 1: The panel noted that the UN’s decision not to provide specific figures made civilian casualties “less newsworthy”. The panel found that a re;ort of credible sources have estimated that the number of civilian darjsman could have been as much as 40, The Sri Lankan government issued a short statement on 13 April which condemned the report as “fundamentally flawed in many respects” and “patently biased material which is presented without any verification”.
According to the government the report was characterized by “fundamental deficiencies, inherent prejudices and malicious intentions” and that it was “legally, morally and substantively flawed”.
The main opposition United National Party has echoed the prevailing critical note in Sri Lanka, calling the report an “unwarranted interference”, but it has blamed the government for creating “an environment that gave space for the compilation of such a report”. The Tamil National Alliancethe largest political party representing the Sri Lankan Tamilsissued a statement on 18 April welcoming the report and its findings, stating that the report “confirms the truth of what happened to the unarmed Tamil civilians in the course of the conduct of the recently concluded war and is an irrefutable confirmation of the accounts of the events as reported by us to Parliament as and when they occurred”.
In a press release dated 26 April the official spokesperson for the Indian Ministry of External Affairs stated that the issues raised by the report need to be studied carefully and that the Indian government would “engage with the Government of Sri Lanka on the issues contained in the Report”.
Jayalalitha issued a statement on 27 April welcoming the report, stating that it confirmed the “human rights violations and brutal repression that was earlier in the realm of speculation or dismissed as biased or partisan reportage”. The resolution urged the Indian central government to impose economic sanctions against Sri Lanka until Tamils are given equal rights and to press the UN to declare as ” war criminals ” those who committed alleged war crimes during the conflict in Sri Lanka.
China — At a press conference on 30 April Chinese Foreign Ministry spokesperson Hong Lei stated that the Sri Lankan government should be allowed to handle the issues raised in the report.
On 12 May the European Parliament passed resolution P7 TA in which it expressed “concern at the serious nature of the allegations in the UN report” and acknowledged the panel’s findings.
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United Kingdom — The Foreign and Commonwealth Office issued a statement on 27 April supporting the establishment of the panel of experts and welcoming the report. UN High Commissioner for Human Rights Navi Pillay issued a daruskan on 26 April welcoming the publication of the report and supporting the report’s call for further international investigation. I hope the disturbing new information contained in this report will shock the conscience of the international community into finally taking serious action Human Rights Darusjan has stated that the panel’s findings that both sides committed abuses and that the Sri Lankan government has failed to hold its forces accountable showed the need for an international investigation.
Eleven  international human rights groups sent a joint letter to United States Secretary of State Hillary Clinton on 27 May urging the US government to use the 17th repory of the United Nations Human Rights Council to press for international accountability for war crimes in Sri Lanka, welcome the expert panel’s report, express concern darusmah its findings and call for “full implementation” of the panel’s recommendations.
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