One of the most disturbing features of modern times is the claim of some security agencies of their right to decide on the death sentence and assertion of their right to carry it out.
Such claims implies the following: These security agencies steal a judicial power; reasons to death sentence is moved from legal grounds to political and administrative reasons; those who make the decision and those who carry it out are arbitrarily chosen; no legal norms are observed in decision making or carrying out the decisions; no legal obligations of making accusations and rights of accused are respected; no process of accountability of any sort is followed; decision making and carrying out of decisions take place in secrecy and relatives and representatives of victims are denied right to any information regarding such decision making and carrying out of decisions.
The Administration of the death sentence in this manner is called by different names Sri Lanka, involuntary disappearances, self defense killings or killings of undesirable persons. Called by many names what this connotes is killing by state agencies without any kind of due process. Since the late 80s the numbers of persons alleged to have been killed in this manner may be counted in tens of thousands, in the South, North and the East.
The right to truth is a recognized right under the international law.(See: Study on the right to the truth–Report of the office of the United Nations High Commissioner for Human Rights-E/Cn.4/2006/91 dated 8th Feb.2006) This right is available to all victims, their relatives and their representatives, of gross violations of human rights(Id), therefore victims of the killings by state agencies mentioned above are included among those who are entitled to this right under the international law.
Following are the entitlements included in Right to Truth: the entitlement To know the whereabouts of relatives; to seek and obtain information on: the causes leading to the person’s victimization; the causes and conditions pertaining to the gross violations of international human rights law and serious violations of international humanitarian law; the progress and results of the investigation; the circumstances and reasons for the perpetration of crimes under international law and gross human rights violations; the circumstances in which violations took place.
However there is hardly any legal process available for victims, their relatives or the representatives realize these entitlements. Thus, the Right to Truth under these circumstances cannot be realised due to absence of legislative, administrative and judicial remedies to make entitlements relating to right to truth. There is a complete legal vacuum relating to these matters. Thus, there is complete absence of accountability.
The attention of the human rights committee must be directed towards understanding of the these killings that take place large numbers and the sheer incapacity of victims, their relatives and representatives to find any kind of way to obtain legal redress. Violations of Right to Truth and the right to a remedy under Article 2 of the ICCPR need to be addressed urgently.
