International participation in hybrid court can be phased out - CTF

The government-appointed Consultation Task Force (CTF) recommended a “hybrid court” to prosecute allegations of human rights violations due to the lack of trust and confidence on the part of victims and also because of capacity issues, CTF secretary Dr. Paikiasothy Saravanamuttu said.

In January 2016, Prime Minister Ranil Wickremesinghe appointed the CTF to seek national views on reconciliation mechanisms. 

Comprising civil society members such as activists and academicians, the CTF held island-wide consultations on the Sri Lankan government’s proposed reconciliation mechanisms  — Truth, Justice, Reconciliation and Non-Recurrence, Office of Missing Persons, Office of Reparations and a Judicial Mechanism with Special Counsel.

The consultations were conducted independent of government intervention.

Releasing its report on January 3, based on public hearings and discussions across Sri Lanka, the team recommended a “hybrid court” with both local and foreign judges to prosecute war crimes.

Dr. Saravanamuttu stated that in terms of the submissions received they had submission that were for a domestic mechanism only, an international one only and those for a hybrid. 

“The argument there with regard to hybrid is that because of the perception of the judicial system in the country there wasn’t sufficient trust and confidence on the part of victims, particularly in the North and East but not exclusively, in an entirely domestic mechanism.”  

“So because of the lack of trust and confidence and also because of capacity we have recommended a hybrid and said that once the trust and confidence has built up again and once the capacity issues have been resolved, the internationals can be phased out,” he said.

When inquired as to whether these recommendations can be implemented given the concerns voiced especially over the participation of foreign judges, he said that the task force was set up by the Prime Minister and that its mandate was to find out the people’s opinion on the basis that those opinions would feed into and inform the design, the structure, the powers, the functions of the mechanism.

“So now we have got our report. We have handed it over. It is up to the government to take into account and into consideration what is contained in the report.”