You are currently browsing the tag archive for the ‘Peter Diaczuk’ tag.

Siobhain McDonagh’s researcher

After the meeting held recently in the House of Commons, a young man who claimed to be Siobhain McDonagh’s researcher (and also to work for the Bank of Scotland, during a later conversation) agreed to send me video footage of attacks on hospitals. He claimed he had a lot, and this substantiated a clip he had prepared of Dr Shanmugarajah saying that the Sri Lankan forces were attacking the hospital at which he was working.

Predictably he did not send me that footage. That decision was, he said, after careful consideration, which I could understand. I suspect that footage was what had been supplied to Channel 4. We know from that meeting that Siobhain McDonagh had been in touch with Channel 4 over the making of its film. It would certainly have been very telling if material for that film had been supplied to Channel 4 by her researcher, after which she claimed that the film was an objective account on which she based her allegations against Sri Lanka.

Fortunately her researcher, Canaa as he told me his name was, or Daran as he signed himself in and then emailed me, could not let well alone. In addition to sending me the clip of Dr Shanmugarajah talking, he sent me two more clips. One was gruesome, and seemed to be of the dead body of a soldier being carried by fellow soldiers talking in Sinhalese. It dwelt horrendously on his mutilated face. I could see no reason for this except triumphalism, to be used perhaps as propaganda, to show how effective LTTE terrorism was.

Daran however told me, when I asked him, that he had obtained the clip from a site selling film clips made by Sinhalese soldiers. When I asked him how much he had paid for this, he said he had got it free, as a sample. I think the story most unlikely, because it is extremely unlikely that fellow soldiers, even if filming the bringing back of a dead body, would have dwelt quite so ostentatiously on a mutilated face.

Even more suspicious was the second video, that of what seemed to be an aerial attack. The first part had planes flying and smoke rising, but the main substance was the footage of wailing over dead bodies. Some of the wailing also seemed exaggerated and false, but that is of course a subjective view. Clear was the fact that nothing actually connected the latter pictures to the former, and it seemed clear to even an amateur eye like mine that there had been a great deal of editing.

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Christof Heyns & Philip Alston

While obviously opinions will differ on the professional skills as well as the intellectual and moral reliability of experts used for various purposes, the characters Philip Alston and Christof  Heyns have used in their interchangeable impersonations of each other seem particularly strange.

I have noted already that the Heyns Report records that ‘The Government of Sri Lanka has discovered that Mr Spivack in a technical representative for a brand of specialised proprietary software which was used to enhance the video (2009) and which was shared with two other experts. Hence the assertion of independence may be impugned on the basis of the prior collaboration between the experts. The recipient experts responsible for ballistics and forensic pathology  both based their conclusion on the conclusions on the enhanced video provided by Mr. Spivack. Furthermore he does not at any point acknowledge the usage of the specialised software which has had a profound impact on the analysis.

The consultants however, as previously admit to what the Special Rapporteurs suppress, and Diaczuk  seems to admit that all he looked at was what Spivack sent on to him when he writes, ‘The video in question was initially received by traditional mail from Mr Jeff Spivack on 26-January-2011 burned onto a DVD, along with stills and short segments that have been stabilized to facilitate critical review.’ While Mr Heyns declares that his experts, or at least these three, provided their comments free of charge, he should also indicate whether any charges were levied for the technical services required to provide what is presented as stabilization ‘to facilitate critical review’. Read the rest of this entry »

Philip Alston – Former United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions

Amongst the many absurdities in the Channel 4 saga is the complete impunity enjoyed by Channel 4. In August 2009 it showed a video which led to an immediate response from Philip Alston, the Earlier Christof Heyns. Alston’s initial letter, which was accompanied by a press release, was immediately responded to with a request that he investigate the video which Channel 4 had shown, since it was not clear whether he was asking the Sri Lankan government to investigate the video or the incident depicted on the video.

Alston typically dodged the question, and went into a long spiel about how my response was ‘equivalent to a police officer telling an alleged victim that no investigation will take place until the victim can definitely prove to the officer’s satisfaction that the alleged crime took place’. This was the sort of obfuscation Alston specializes in, because I cannot believe that a Professor could not tell the difference between asking someone who reports a crime for further details and asking an actual victim. Indeed Alston’s density or low cunning became more apparent when he subsequently claimed that the situation was similar to that in which ‘an individual was beaten up or raped and reported the matter to the police, but because of the trauma suffered was unable to identify when or where the alleged assault took place’.

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At the height of campaigning for the Sri Lankan Presidential election, Prof Philip Alston issued a missive regarding the Channel 4 video which I read with great interest. He reported there that he had finallly engaged three experts to check on the authenticity of the video he saw on Channel 4. This was something he should have done a very long time ago, well before he rushed publicly into the matter. Indeed I noted in my initial response to him that, almost as soon as we got the letter, we were also ‘sent a press release which you had had dispatched to our Mission in Geneva at 15.37 on that same Friday afternoon, a release which seems to make your letter redundant.

Alston is therefore disingenuous in claiming that he was going public with his latest effusion in early January because of ‘the very public nature of the comments already exchanged on this matter’. He it was who had showed a determination to go public from the very start, for reasons that even he must realize are obvious, just as the January salvo seemed intended to have maximum effect at a time of election.

That original letter had not been at all clear about what was to be investigated, as I noted, viz ‘Your letter refers to reports you have received “concerning the alleged summary execution of a significant number of men by the Sri Lankan army”. Have you received reports of such an alleged incident, or are they simply reports of video footage allegedly documenting this alleged incident? Any independent report should be conveyed to us at once but, if your report is only of the video footage, it would be best if you first sought further details about this, to help to establish whether an investigation of the alleged incident would serve any purpose.’

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Rajiva Wijesinha

August 2019
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