Aftermath of UNHRC Resolution, what is next?

Aftermath of UNHRC Resolution, what is next?
Had LTTE lost its political game forever inside the UN system?

Date: Sunday, April 11, 2021

11:00 AM Canada & US
4:00 PM London, UK
7:00 PM Dubai, UAE
8:30 PM Colombo, Sri Lanka
5:00 PM Geneva, Switzerland

Panelists:
Tamara Kunanayakam, Sri Lanka.
(Former Ambassador/Permanent Representative of Sri Lanka to the UN at Geneva.)
Prof. Dr. (h.c.) Mehmet Şükrü Güzel, Switzerland.
Jayaraj Palihawadana, Solicitor, Attorney-at-law, United Kingdom.
Moderator: Dr. Neville Hewage, Canada.

Abstract
The Core Group, including Canada, did not mention any international committee of inquiry in the resolution. But this time in the operative paragraph 6 asked for “…. and to support relevant judicial proceedings in the Member States with competent jurisdiction.”

Any member state may open court against Sri Lanka under the principle of aut dedere aut judicare (extradite or prosecute), extraterritorial Human Rights Jurisdiction. However, this court can hear matters related to genocide, crime against humanity, or war crime only.

Thanks to Lord Naseby, the world became aware of being cheated by the death numbers in the OISL report. The Canada and Core Group States now know that they were cheated by the so-called death numbers in the OISL report. The core group is tried to find a way to eliminate the mistake they had made. They want to avoid their humiliation at all costs. They need a solution, is it the 3rd state, to open a domestic court against Sri Lanka? Is this State, Malawi, the new co-sponsor State?

Further, an established legal principle, the presumption is innocent until proven guilty. The information collected by the UNHRC commissioner cannot be treated as evidence (UNHRC certified information) until it is tested before the court. If the Malawi court or other jurisdictions not allow or bypass the process in determining evidence validity, it can be treated as a serious violation of fundamental human rights.

Malawi Criminal Code Procedure and Evidence Act section 184 does not accept “hearsay” evidence. It seems UNHRC commissioners’ information that was collected or intended to collect is “hearsay” and will face another legal debacle.

Further, to prove the criminality, the prosecution must establish “intent.” With the lack of such intent and evidence related to criminal intent, if any case before the Malawi court or other jurisdictions will not be succeeded. Again, Canada and the Core Group will face international embarrassment.

The Core Group and UNHRC shall allow Sri Lanka to continue its unique accountability process the restorative justice mechanism under the principle of forgiveness and rehabilitation. The UK led core group’s western accountability an eye for an eye, and a tooth for a tooth does not fit on the social-cultural fabric of Sri Lanka.

Pro- Liberation Tigers of Tamil Eelam (LTTE) has nothing to do with transitional justice or reconciliation in Sri Lanka. After the military defeat, LTTE tried to use the UN system to achieve what it could not achieve militarily. The political road map of the LTTE was based on remedial secession theory. For remedial secession, there is a need for some conditions that might justify the secession of a subgroup from its parent state as a “remedy of last resort.” At the 46th session of the UNHRC, LTTE has lost every aspect of their political game.

Full Video:
https://fb.watch/4P41MVyXtu/