A recent British Tribunal found it was untenable that a Sri Lankan police officer was unknowingly involved in widespread ‘systematic’ attacks on Tamils, that constituted war crimes and crimes against humanity, in the North-East.
The UK’s Upper Tribunal (Immigration and Asylum Chamber) Judges Lane and Pitt, arrived at these conclusions whilst dealing with an asylum appellant.
The Upper Tribunal (Immigration and Asylum Chamber) (UTIAC) is a superior court of record dealing with
- appeals against decisions made by the First-tier Tribunal in matters of immigration, asylum and nationality and;
- certain judicial reviews, mainly in the immigration context.
The Sri Lankan appellant, a former police officer, was in fear of persecution from the Sri Lankan government, who he claimed, suspected him of disclosing information regarding the torture and murder of Tamil suspects.
Dismissing the appeal, the tribunal determined that the appellant was excluded from the Refugee Convention. The tribunal concluded that the appellant would have been aware of the systematic abuse committed against the Tamils during his service, thereby holding him directly involved or complicit in human rights violations carried out by the Sri Lankan government against the ethnic Tamil population.
