This report sets forth the factual background and operational context of the Humanitarian Operation undertaken by the Government of Sri Lanka between July 2006 and May 2009 to free the country from the Liberation Tigers of Tamil Eelam (LTTE). An examination of these facts demonstrates why the Government of Sri Lanka engaged in a military strategy against the LTTE, why Security Forces used the level of force they did, and how at each stage in the operation Sri Lanka took extraordinary steps to respect and protect the lives of civilians.

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Jon Snow presents a forensic investigation into the final weeks of the quarter-century-long civil war between the government of Sri Lanka and the secessionist rebels, the Tamil Tigers.

With disturbing and distressing descriptions and film of executions, atrocities and the shelling of civilians the programme features devastating new video evidence of war crimes – some of the most horrific footage Channel 4 has ever broadcast.

Captured on mobile phones, both by Tamils under attack and government soldiers as war trophies, the disturbing footage shows: the extra-judicial executions of prisoners; the aftermath of targeted shelling of civilian camps; and dead female Tamil fighters who appear to have been raped or sexually assaulted, abused and murdered.

The film is made and broadcast as UN Secretary-General Ban Ki-moon faces growing criticism for refusing to launch an investigation into ‘credible allegations’ that Sri Lankan forces committed war crimes during the closing weeks of the bloody conflict with the Tamil Tigers.

In April 2011, Ban Ki-moon published a report by a UN-appointed panel of experts, which concluded that as many as 40,000 people were killed in the final weeks of the war between the Tamil Tigers and government forces.

It called for the creation of an international mechanism to investigate alleged violations of international humanitarian law and international human rights law committed by government forces and the Tamil Tigers during that time.

This film provides powerful evidence that will lend new urgency to the panel’s call for an international inquiry to be mounted, including harrowing interviews with eye-witnesses, new photographic stills, official Sri Lankan army video footage, and satellite imagery.

Also examined in the film are some of the horrific atrocities carried out by the Tamil Tigers, who used civilians as human shields.

Channel 4 News has consistently reported on the bloody denouement of Sri Lanka’s civil war. Sri Lanka’s Killing Fields presents a further damning account of the actions of Sri Lankan forces, in a war that the government still insists was conducted with a policy of Zero Civilian Casualties.

The film raises serious questions about the consequences if the UN fails to act, not only with respect to Sri Lanka but also to future violations of international law.

You can follow the programme on Twitter using #KillingFields

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To explore the issues further go to the website at channel4.com/srilanka

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PROCEDURE

1. The case originated in an application (no. 20594/08) against the Kingdom of Denmark lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Sri Lankan national, Mrs T.N. (“the applicant”), on 28 April 2008. The acting President of the Chamber decided to grant the applicant anonymity (Rule 47 § 3 of the Rules of Court).

2. The applicant was represented by Mr Gunnar Homann, a lawyer practising in Copenhagen. The Danish Government (“the Government”) were represented by their Agent, Mr Thomas Winkler, of the Ministry of Foreign Affairs, and their Co-agent, Mrs Nina Holst-Christensen, of the Ministry of Justice.

3. The applicant alleged that an implementation of the deportation order to return her to Sri Lanka would be in violation of Articles 2, 3 and 8 of the Convention.

4. On 28 April 2008, the acting President of the Chamber decided to apply Rule 39 of the Rules of Court, indicating to the Government that it was in the interests of the parties and the proper conduct of the proceedings that the applicant should not be expelled to Sri Lanka pending the Court’s decision. On 29 August 2008 the acting President decided to give notice of the application to the Government and granted it priority under Rule 41 of the Rules of Court.

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