Daily News Editorial

Justice for the Disappeared

 30 August 2016

"Some men arrive. They force their way into a family’s home, rich or poor, house, hovel or hut, in a city or in a village, anywhere. They come at any time of the day or night, usually in plain clothes, sometimes in uniform, always carrying weapons. Giving no reasons, producing no arrest warrant, frequently without saying who they are or on whose authority they are acting, they drag off one or more members of the family towards a car, using violence in the process if necessary. This is often the first act in the drama of an enforced or involuntary disappearance, a particularly heinous violation of human rights and an international crime.”

This is how the United Nations describes enforced or involuntary disappearances which have frequently been used as a strategy to spread terror within the society. The feeling of insecurity generated by this practice is not limited to the close relatives of the disappeared, but also affects their communities and society as a whole. How is it like to wake up every day, not knowing the fate of your son/daughter or brother/sister? Since most of the disappeared are in the prime of their youth, the society as a whole is affected.

Today (August 30), the world will focus on this problem on the International Day of the Victims of Enforced Disappearances. This is especially significant for Sri Lanka in the context of its recently passed Office of Missing Persons (OMP) Bill and tomorrow’s visit to Sri Lanka by UN Secretary General Ban Ki-moon who has been a strong voice against this practice. Enforced disappearance has become a global problem and is not restricted to a specific region of the world.

Once largely the product of military dictatorships, enforced disappearances can nowadays be perpetrated in complex situations of internal conflict, especially as a means of political repression of opponents. Of particular concern are: the ongoing harassment of human rights defenders, relatives of victims, witnesses and legal counsel dealing with cases of enforced disappearance; the use by States of counter-terrorist activities as an excuse for breaching their obligations; and the still widespread impunity for enforced disappearances.

According to the UN, “persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organised groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.” The victims are frequently tortured and in constant fear for their lives. They are well aware that their families do not know what has become of them and that the chances are slim that anyone will come to their aid. Having been removed from the protective powers of the law and “disappeared” from society, they are in fact deprived of all their rights and are at the mercy of their captors. Some of the human rights that enforced disappearances regularly violate are: The right to recognition as a person before the law; The right to liberty and security of the person; The right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment; The right to life, when a disappeared person is killed; The right to an identity; The right to a fair trial and to judicial guarantees; The right to an effective remedy, including reparation and compensation; The right to know the truth regarding the circumstances of a disappearance.

Even if death is not the final outcome and the victim is eventually released from the nightmare, the physical and psychological scars of this form of dehumanization and the brutality and torture which often accompany it remain. There are thousands of examples for the damage caused by disappearances from Sri Lanka alone. Journalists are a particularly vulnerable group – the Prageeth Ekneligoda case is just one example in hundreds of such cases worldwide.

Thus the recently passed OMP Bill is a golden opportunity to address the issue of disappeared and missing persons in this country. We cannot think of a bright future without addressing and probing these bleak spots in our recent history. Far from being a witch-hunt against the valiant Security Forces members, it will actually be an opportunity to also inquire into the fate of more than 5,100 Security Forces personnel who had disappeared during the conflict. Their parents and relatives also need consolation and closure. It is only after this Government came to power that judicial proceedings into several high-profile disappearances have started. Several persons are already in custody on suspicion of being involved in these acts. All disappearances must be investigated – it is only then can we find the truth and take steps to avoid this abhorrent crime in the future.