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 Friday, 24 January, 2003, 16:20 GMT
Sri Lanka investigates its 'disappeared'
Flashback: Tamil civilians flee the fighting in 1995

A commission of inquiry has started to look into the plight of hundreds of civilians who disappeared in the northern Sri Lankan town of Jaffna when the military retook the area from Tamil Tiger rebels seven years ago.

Any serious attempt to confront past human rights violations connected with this war seems highly unlikely

The commission was formed in response to growing protests by the relatives of the disappeared.

The relatives are hoping against the odds that their husbands and sons might still be alive in a jail somewhere in the south of the island.

However, it is unlikely this commission will do any better than Sri Lanka's four previous commissions looking into involuntary disappearances.

Closed hearings

The secretary of the commission, MCM Iqbal, said the first session would look into 66 of the total of 232 complaints.

The first day's hearings, held in camera, took place in Jaffna and the remaining two days will be in the town of Chavakachcheri.

Jaffna Peninsula
Both sides have much to lose from a thorough investigation of events in Jaffna

Most of the complaints concern Tamils who were allegedly picked up by the army for questioning and then disappeared without trace after government forces had recaptured Jaffna.

But there are also 35 complaints by Muslims whose relatives disappeared, allegedly at the hands of the Tamil Tiger rebels in the early 1990s.

'Lacks teeth'

The approach this time will be to involve the relatives of the disappeared in the process of inquiries so they understand the difficulties and do not accuse the commission of bad faith.

Peace negotiators say it is going to be too acrimonious to delve into past wrongs

But those involved in this commission privately complain that it lacks teeth. They say it has already met with a lack of co-operation from the military.

For their part, defence officials say they are willing to co-operate but have not been formally notified of the commission's standing.

They say they do not know if the commission has judicial powers or whether accused army officers can appear with legal representation.

The lack of communication between the relevant bodies and the lack of public expressions of support from the politicians suggests the setting up of this latest commission is a gesture to keep the protestors quiet.

One person involved with the commission said he was absolutely sure it would not be able to trace a single person responsible for the disappearances.

Investigations stalled

The London-based human rights organisation, Amnesty International, has accused both sides in the Sri Lankan civil war of gross human rights violations.

It has said has reliable evidence that the bodies of 600 people who disappeared had been disposed of in shallow graves in Jaffna. That was four years ago.

Forensic experts did start exhumations in one site at Chemmani. But the investigations stalled and those involved now say they do not have the funds for a second round of DNA tests.

The ministry of defence conducted its own internal investigation into the disappearances of civilians in Jaffna in 1996. But its findings have still not been made public.

Any serious attempt to confront past human rights violations connected with this war seems highly unlikely - not least because both the military and the rebels have much to lose from such an inquiry.

Peace negotiators on both sides make much play of their commitment to human rights. But at the same time, they say it is going to be too acrimonious to delve into past wrongs.


Peace efforts

Background

BBC SINHALA SERVICE

BBC TAMIL SERVICE

TALKING POINT
See also:

08 Jan 03 | South Asia
07 Jan 03 | South Asia
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