Jan 14, 2021 | News
The ICJ today deplored the comprehensive failure of the Sri Lankan authorities to ensure accountability for conflict-era crimes, marked by the dropping of charges and release of all five accused in the Joseph Pararajasingham murder trial.
Parliamentarian Joseph Pararajasingham was killed by unidentified gunmen on 25 December 2005 while he attended Christmas mass at the Batticaloa St. Mary’s Cathedral, in the Eastern Province of Sri Lanka. Eight other people, including his wife, were injured during the firing.
Yesterday, the Batticaloa High Court acquitted and ordered the released of all five accused, including former-LTTE cadre and now-Member of Parliament, Sivanesathurai Chandrakanthan alias ‘Pillaiyaan’, in the trial of Pararajasingham, a former Tamil National Alliance Parliamentarian. The judgment was delivered after the Attorney General’s Department (AG) informed the Court that it would not proceed with the prosecution. The AG provided no reason publicly for this decision.
“The shelving of this case five years after it began, is a blow to the victims of this serious human rights atrocity.” said Ian Seiderman, ICJ’s Legal and Policy Director.
“This constitutes yet another marker of Sri Lanka’s consistent failure to hold accountable perpetrators of serious conflict-era crimes,” he added.
In November 2020, the AG had informed the Batticaloa High Court that he intended to proceed with the case, notwithstanding the Court of Appeal deemed inadmissible important evidence of the prosecution’s case.
The UN Office of the High Commissioner on Human Rights Investigation on Sri Lanka (2015) had already concluded that “there are reasonable grounds to believe that the Karuna Group (of which Chandrakanthan was a member) killed Joseph Pararajasingham, and that it was aided and abetted by security and army personnel.”
The acquittal in Pararajasingham’s murder case follows that of another Tamil Parliamentarian Nadarajah Raviraj, where an all-Sinhalese jury acquitted five persons including three Navy intelligence officers in December 2016, a decade after his murder.
The UN High Commissioner for Human Rights identified both these cases, in which no progress had been made, emblematic of Sri Lanka’s dismal record on accountability.
The ICJ called on the Attorney General’s Department to reopen fresh investigations into the murder of the deceased legislator so as to ensure justice and justice for the victims of this atrocity.
The ICJ notes that the Attorney General maintains the dual role of public prosecutor and as attorney for the State, positions which are prone to come into tension. The former UN Special Rapporteur on the Independence of Judges and Lawyers, Monica Pinto, following her mission to Sri Lanka in 2016 observed that “there is a general perception that, first and foremost, the [Attorney General’s] department defends the interests of the government and not the public’s interest.”
Background
Sivanesathurai Chandrakanthan who broke away from the Liberation Tigers of Tamil Eelam (LTTE) in 2004, functioned as a paramilitary, in support of the then-Rajapaksa Government. He is presently the leader of Tamil Makkal Viduthalai Pulikal (TMVP), a political party aligned to the Government and was voted into Parliament at the 2020 General Elections.
Investigation into the killing only began in 2015, after a new government was formed following elections which saw the defeat of Rajapaksa. Chandrakanthan was taken into remand custody on 11 October 2015 when he arrived at the Criminal Investigation Department to record a statement in relation to the assassination of the late Tamil politician. The Attorney General indicted that Chandrakanthan (who was 3rd accused) in the High Court of Batticaloa for offences committed under the Penal Code and the Prevention of Terrorism Act. He was granted bail for the first time in November 2020 after the primary evidence against the accused was deemed inadmissible by the Court of Appeal. The case was fixed for January 11 only after the AG informed courts he intended proceeding with the case notwithstanding the Appeal Court ruling.
Contact
Osama Motiwala, ICJ Communications Officer, Asia & Pacific programme, e: osama.motiwala(a)icj.org
Dec 16, 2020 | Advocacy, Non-legal submissions
In an open letter, the ICJ today called on Indonesia’s COVID-19 Mitigation Task Force to provide detailed guidance to the Government of Indonesia, in taking actionable steps to implement gender responsive measures in the country.
Since the beginning of the outbreak of the pandemic, the mortality rate of Indonesia is reportedly among the highest in the world.
In addressing the pandemic, the Government has established regulations and repeatedly advised people to restrict social gatherings and stay at home. These measures have a particularly disparate impact on Indonesian women, exacerbating the pre-existing gender inequalities in Indonesia.
The ICJ has previously highlighted the challenges faced by women in its report “Living Like People who die slowly.” Similar concerns has been expressed by the UN Committee on Economic, Social, and Cultural Rights.
The ICJ called the task force to take proactive and special measures to protect women workers in its COVID-19 response, in line with the recommendations of the UN Committee on the Elimination of Discrimination against Women’s Guidance Note on COVID-19.
Specifically, the ICJ has recommended that it promote government responses to:
- Ensure that women receive basic needs support
- Provide more working opportunities for women to work from home
- Provide online counseling or mental health support for women workers
The ICJ considers that the failure to recognize the gender dynamics affecting women workers, particularly public health emergencies, limits the effectiveness of the overall Government’s response efforts and impedes the full realization of women’s human rights in Indonesia.
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Dec 15, 2020 | News
On 15 December 2020, the eighth anniversary of the enforced disappearance of Lao civil society leader Sombath Somphone, the ICJ joined 53 organizations and 19 individuals in reiterating its calls on the Government to reveal his fate and whereabouts and to investigate his and all other cases of alleged enforced disappearance in the country.
The statement condemned the Government’s ongoing failure to adequately investigate all allegations of enforced disappearance in Laos, which has been compounded by years of near complete lack of commitment to address this serious crime or provide an effective remedy or reparation to its victims and their families.
In June 2020, during the third Universal Periodic Review (UPR) of Laos, the Government refused to accept all five recommendations that called for an adequate investigation into Sombath’s enforced disappearance. The Government failed to support another eight recommendations that called for investigations into all cases of alleged enforced disappearances in Laos. Despite the government accepting that “the search for missing Lao citizens, including Sombath Somphone, is the duty of the Lao government”, it has failed to evidence any political will to effectively execute or fulfill this duty.
Sombath Somphone was last seen at a police checkpoint on a busy street in Vientiane on the evening of 15 December 2012. Footage from a CCTV camera showed that Sombath’s vehicle was stopped at the police checkpoint and that, within minutes, unknown individuals forced him into another vehicle and drove him away in the presence of police officers. CCTV footage also showed an unknown individual driving Sombath’s vehicle away from the city center. The presence of police officers at Sombath’s abduction and their failure to intervene strongly indicates State agents’ participation in Sombath’s enforced disappearance.
Lao authorities have repeatedly claimed they have been investigating Sombath’s enforced disappearance, but have failed to disclose any new findings to the public since 8 June 2013. They have not met with Sombath’s wife, Shui Meng Ng, since December 2017. No substantive information about the investigation has been shared by the authorities with Ng or Sombath’s family, indicating that, for all intents and purposes, the police investigation has been de facto suspended.
The statement reiterated a call for the establishment of a new independent and impartial investigative body tasked with determining Sombath’s fate and whereabouts, with the authority to seek and receive international technical assistance to conduct a professional and effective investigation in accordance with international standards. This is a call which multiple signatory organizations have been making since his enforced disappearance in 2012.
The statement further urged the Lao government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), which Laos signed in September 2008; incorporate its provisions into the country’s legal framework, implement it in practice, and recognize the competence of the Committee on Enforced Disappearances to receive and consider communications from or on behalf of the victims.
The full statement is available here.
Contact
Kingsley Abbott, ICJ Senior Legal Adviser, e: kingsley.abbott(a)icj.org
Dec 2, 2020 | News
The ICJ today called upon the Sri Lankan authorities to conduct a prompt, thorough and impartial investigation into the events involving the use of lethal force by prison guards at Mahara prison on 29 and 30 November, which left at least nine inmates killed and over hundred others injured.
The action by the guards was taken in response to unrest resulting from protests by inmates over unsafe and overcrowded conditions in the context of the COVID-19 pandemic.
The ICJ also called for urgent measure to address the unsafe conditions in Sri Lankan prisons to protect the right to health and life, including where necessary by releasing detainees.
“The tragic events of Mahara prison are a consequence of the failure of the Sri Lankan authorities to effectively address the situation of prison conditions, which has turned into a full blown human rights and public health crisis in the wake of the COVID-19 pandemic”, said Ian Seiderman, ICJ Legal and Policy Director
The unrest was the culmination of a series of protests staged by the prisoners demanding an increase in coronavirus testing and new isolation facilities for infected prisoners. According to Senaka Perera, President of the Committee for Protecting the Rights of the Prisoners, around 200 inmates of the Mahara prison have been infected with COVID-19.
While the Minister of Rehabilitation and Prison Reforms and the Inspector General of Police have instructed the Criminal Investigation Department to probe the unrest caused at the Mahara Prison, the Minister of Justice has formed a separate five-member committee, chaired by former High Court Judge Kusala Saorini Weerawardena, to conduct its own investigation.
The ICJ recalls that under international law, the use of lethal force by State authorities is only permissible where strictly necessary to protect life. This standard should govern any investigation, and those responsible for unlawful conduct resulting in death or injuries to prisoners must be held to account.
“In addition to ensuring accountability and redress for any violations at the Mahara Prison, the authorities must act swiftly to meet the legitimate grievances of detainees throughout the country”, added Ian Seiderman.
“An effective response is not optional, but is necessary to fulfill the State’s legal obligation to provide for equal access to healthcare and health services to prisoners, who are among the most vulnerable to the ravages of COVID-19 in highly unsafe, enclosed and overcrowded environments.” Seiderman added.
The incident follows a wave of similar protests in several other prisons in the country. On 18 November, five inmates who were under quarantine at the Old Bogambara Prison attempted to break out and an inmate was shot dead when the prisoner officers opened fire at the fleeing inmates.
The ICJ called for the release of detainees who are particularly at risk of losing their life or suffering severe health effects from COVID-19. This would also apply to other convicts who could be released without compromising public safety, such as those sentenced for minor, non-violent offences.
Background
Speaking in Parliament on Monday, Minister of Rehabilitation and Prison Reforms Dr. Sudharshini Fernandopulle stated that the Government has taken steps to reduce overcrowding by directing COVID-19 positive prisoners out of the prisons to the Welikanda Hospital and moving all women inmates to the Kandakadu Rehabilitation Centre. She also stated that a mechanism has been put in place to obtain bail for those arrested for minor drug offences. Moreover, a presidential pardon has been granted to over 600 convicts of minor offences who were in remand due to their inability to pay the required fine.
Several UN bodies, including the WHO and OHCHR, came together in recommending that States consider limiting the deprivation of liberty including pretrial detention, to a measure of last resort and enhance efforts to resort to non-custodial measures.
Contact
Osama Motiwala, Communications Officer – osama.motiwala(a)icj.org
Nov 26, 2020 | Advocacy, News
Pakistani authorities should urgently and impartially investigate a surge in violent attacks on members of the Ahmadiyya religious community, Human Rights Watch, Amnesty International, and the ICJ said today.
The authorities should take appropriate legal action against those responsible for threats and violence against Ahmadis.
Since July 2020, there have been at least five apparently targeted killings of members of the Ahmadiyya community. In only two of the cases have the police taken a suspect into custody. Pakistani authorities have long downplayed, and at times even encouraged, violence against Ahmadis, whose rights to freedom of religion and belief are not respected under Pakistani law.
“There are few communities in Pakistan who have suffered as much as the Ahmadis,” said Omar Waraich, head of South Asia at Amnesty International. “The recent wave of killings tragically underscores not just the seriousness of the threats they face, but also the callous indifference of the authorities, who have failed to protect the community or punish the perpetrators.”
On November 20, a teenage assailant is alleged to have fatally shot Dr. Tahir Mahmood, 31, as he answered the door of his house in Nankana Sahib district, Punjab. Mahmood’s father and two uncles were injured in the attack. The police reported that the suspect “confessed to having attacked the family over religious differences.”
Several recent attacks have occurred in the city of Peshawar, in Khyber Pakhtunkhwa province. On November 9, Mahmoob Khan, 82, was fatally shot while waiting at a bus station. On October 6, two men on a motorcycle stopped the car of Dr. Naeemuddin Khattak, 57, a professor at the Government Superior Science College, and fired five shots, killing him. His family said he had a “heated argument over a religious issue” with a colleague a day before. Jamaat-i-Ahmadiyya, a community organization, issued a statement saying Khattak had previously received threats and was targeted because of his faith.
On August 12, Meraj Ahmed, 61, was fatally shot as he was closing his shop in Peshawar. On July 29, an alleged 19-year-old assailant killed Tahir Ahmad Naseem, 57, inside a high-security courtroom. Naseem was facing trial for blasphemy accusations. In a video that circulated on social media, the suspect states that Naseem was a “blasphemer.”
Successive Pakistani governments have failed to protect the human rights and security of the Ahmadiyya community. The penal code explicitly discriminates against religious minorities and targets Ahmadis by prohibiting them from “indirectly or directly posing as a Muslim.” Ahmadis are banned from declaring or propagating their faith publicly, building mosques, or making the Muslim call for prayer.
The authorities arbitrarily arrest, detain, and charge Ahmadis for blasphemy and other offenses because of their religious beliefs. The police have often been complicit in harassment and bringing fabricated charges against Ahmadis or have not intervened to stop anti-Ahmadi violence. The government’s failure to address religious persecution of Ahmadis has facilitated violence against them in the name of religion.
“Pakistan was part of the consensus at the UN General Assembly that required that states take active measures to ensure that persons belonging to religious minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law,” said Ian Seiderman, legal and policy director at the International Commission of Jurists. “The Pakistani government has completely failed to do so in the case of the Ahmadis.”
The Pakistani government also promotes discriminatory practices against Ahmadis. For example, all Pakistani Muslim citizens applying for passports are obliged to sign a statement explicitly stating that they consider the founder of the Ahmadi community an “imposter,” and consider Ahmadis to be non-Muslims.
Pakistani laws against the Ahmadiyya community violate Pakistan’s international legal obligations under the International Covenant on Civil and Political Rights (ICCPR), which Pakistan ratified in 2010, including the rights to freedom of conscience, religion, expression, and association, and to profess and practice one’s own religion.
Independent experts of the United Nations Human Rights Council, including the special rapporteurs on the freedom of religion or belief and the UN special rapporteur on minority issues, and the special rapporteur on extrajudicial, summary or arbitrary executions, have previously expressed concern at the persecution of the Ahmadiyya community in Pakistan.
“Pakistan’s federal and provincial governments should take immediate legal and policy measures to eliminate widespread and rampant discrimination and social exclusion faced by the Ahmadiyya community in Pakistan,” said Patricia Gossman, associate Asia director at Human Rights Watch. “The government should repeal the blasphemy law and all anti-Ahmadiyya provisions.”
Contact
In Brussels, for Human Rights Watch, Patricia Gossman: +32-472-982-925; or +1-347-322-8638 (WhatsApp); or gossmap@hrw.org. Twitter: @pagossman:
In Geneva, for the International Commission of Jurists, Ian Seiderman: e: ian.seiderman(a)icj.org
In Colombo, for Amnesty International, Omar Waraich: +44 7378 980870 (mobile); or omar.waraich@amnesty.org.
