Date: Thu, 29 Oct 1998 15:12:42 -0500
* News Release Issued by the International Secretariat of Amnesty International *
News Service 211/98
AI INDEX:ASA 37/27/98
29 October 1998
Sri Lanka
Safety must be guaranteed for experts working on mass graves exhumation
The government of Sri Lanka must guarantee the safety of forensic
experts to enable international observers to participate in the
exhumations of the alleged mass graves at Chemmani, Amnesty
International said today.
The organization welcomed the Attorney General's invitation to send a
forensic expert to observe exhumation at Chemmani, Jaffna, but it warned
the operation was being held up by the government's failure so far to
provide assurances of full cooperation and security for all those
participating in the exhumations.
The graves are believed to contain the bodies of between 300 and 400
people who "disappeared" after being arrested by the army in mid-1996.
During a recent visit to Sri Lanka, Amnesty International delegates met
with the Attorney General and officials of the Ministry of Foreign
Affairs, Ministry of Defence, police and the Human Rights Commission
(HRC) and discussed the pending exhumations of the mass graves.
The Attorney General told the delegation that a lot of preparatory work
had been done. He also clarified that part of the delay in the
commencement of the exhumations was due to fears for the safety of local
forensic experts and of the soldiers convicted in July of the murder of
Krishanthy Kumarasamy and three other "disappeared" people.
These soldiers would need to be taken to Jaffna to make a statement
before the magistrate in charge of the investigations and exhumations
because they are among the main sources for both the police and the HRC
with regard to how bodies were brought to the site and how and where
exactly they were buried. At the time they were sentenced they had made
a statement to that effect and have since given detailed information to
both police and HRC.
The HRC told Amnesty International that after finding the allegations of
the soldiers to be credible, it had requested the United Nations (UN)
for international experts to assist local forensic experts with the
exhumations.
Following an exchange of correspondence with the office of the UN High
Commissioner for Human Rights, the Chairman of the HRC in late September
wrote to the President of Sri Lanka asking for the cooperation of the
government and the guarantees described above. Amnesty International
understands that as yet no response has been received from the
President.
The organization is calling on all authorities involved to consult and
coordinate in order to proceed with the exhumations at the earliest
opportunity but without jeopardizing the process of truth and justice
which the relatives of the "disappeared" are waiting for.
Amnesty International also had discussions recently with a
representative of the Liberation Tigers of Tamil Eelam (LTTE) in London
about the Chemmani mass graves and has sought assurances from the
leadership of the LTTE for the safety of the forensic experts and others
involved in the exhumations and investigations. These assurances are
still awaited.
Background
In an earlier statement, Amnesty International had called on the Sri
Lankan authorities for a parallel police - HRC investigation.
"After our discussions during the visit, we are strengthened in our
belief that such a joint effort would be in the best interest of the
victims and their relatives as well as the overall truth and justice
process about what happened to the estimated 540 people who
"disappeared" in Jaffna in mid-1996," the organization said.
The HRC can focus its investigation on the identification of the remains
and on publicly reporting on the results of the investigations. It also
has the powers to recommend adequate compensation to the relatives of
any identified victims in the mass graves.
On the other hand, the involvement of the police and Attorney General
department in the exhumation and investigation will ensure that the
evidence collected is admissible in any cases brought against those
found to be responsible.
According to normal legal procedures, a key role will be played by a
local magistrate who will be in charge of the investigations, including
exhumations. Death threats allegedly issued by the LTTE against
magistrates in Jaffna have recently resulted in the closure of most
courts. Amnesty International has also requested the LTTE for assurances
for the magistrate's safety.
ENDS.../
Amnesty International, International Secretariat, 1 Easton Street,
WC1X 8DJ, London, United Kingdom
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