Evidences emerge on Sri Lanka's War Crimes

Last week, the government created a Lessons Learnt and Reconciliation Commission with a mandate to examine the failure of the 2002 ceasefire and the "sequence of events" thereafter. It is not empowered to investigate allegations of violations of the laws of war such as those documented by Human Rights Watch.

"Yet another feckless commission is a grossly inadequate response to the numerous credible allegations of war crimes," said Elaine Pearson, acting Asia director at Human Rights Watch. "Damning new evidence of abuses shows why the UN should not let Sri Lanka sweep these abuses under the carpet."

Human Rights Watch has examined more than 200 photos taken on the front lines in early 2009 by a soldier from the Sri Lankan Air Mobile Brigade. Among these are a series of five photos showing a man who appears to have been captured by the Sri Lankan army. An independent source identified the man by name and told Human Rights Watch that he was a long-term member of the LTTE's political wing from Jaffna.

The first two photos show the man alive, with blood on his face and torso, tied to a palm tree. He is surrounded by several men wearing military fatigues, one brandishing a knife close to his face. In the next three photos, the man is lying - apparently dead - against a rock. His head is being held up, he is partly covered in the flag of Tamil Eelam, and there is more blood on his face and upper body.

A forensic expert who reviewed the photos told Human Rights Watch that the latter three photos show material on the man's neck consistent in color with brain matter, "which would indicate an injury to the back of his head, as nothing is visible which would cause this on his face. This would indicate severe trauma to the back of the head consistent with something like a gunshot wound or massive blows to the back of the head with something such as a machete or ax."

Several of the photos also show what appear to be dead women in LTTE uniforms with their shirts pulled up and their pants pulled down, raising concerns that they might have been sexually abused or their corpses mutilated. Again, such evidence is not conclusive but shows the need for an investigation.

"Ban's inaction is sending a signal to abusers that simply announcing meaningless commissions and making loud noises can block all efforts for real justice," Pearson said. "The only way to ensure accountability in Sri Lanka is to establish an independent international investigation."