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Commission of Inquiry appointed by the President of Sri Lanka to investigate and inquire into alleged serious violations of Human Rights
Update: 14th May 2007
A1. Following the November 2006 establishment of the Presidential Commission of Inquiry (COI) by President Mahinda Rajapaksa to investigate and inquire into alleged serious violations of Human Rights occurring in Sri Lankan since August 2005, the Commission of Inquiry has established its Secretariat, recruited all principal staff officers, and commenced work. The work of the Commission is being observed by a group of international observers (International Independent Group of Eminent Persons- IIGEP), with the view to satisfying interested parties that such work conforms with international norms and standards. The COI was appointed after the UN High Commissioner for Human Rights expressed satisfaction that the mandate and terms of reference of the Commission and the IIGEP met with international norms and standards.
2. The Commission of Inquiry comprised eight eminent persons who function as Commissioners, and they reflect the diverse pluralities of the Sri Lankan society. Two Commissioners resigned, one due to ill-health and another due to a personal requirement of having to proceed overseas for a long period of time. Steps are currently afoot to appoint replacements.
3. The Commission has developed and adopted the following constitutional documents.
(a) Organizational Structure and the Rules of Procedure of the Commission.
(b) Mandate, Organizational Structure and the Rules of Procedure of the Investigation Unit.
(c) Mandate, Organizational Structure and the Rules of Procedure of the Victim and Witness Assistance and Protection Unit.
The Scheme of Assistance and Protection has been finalized and is to be adopted by the Commission during the week commencing on May 7, 2007. These documents have been made available to the IIGEP and a response is awaited from the IIGEP as to their views regarding compliance with international norms and standards. These documents have also been made available to the representative of the UN High Commissioner for Human Rights in Colombo.
4. The Commission has established the following three Committees comprising four Commissioners each.
(a) Administration and Finance Committee
(b) Investigation Supervision Committee
(c) Victim and Witness Assistance and Protection Supervision Committee
5. The Commission has established its own Independent Panel of Experts comprising Forensic Pathologists, Clinical Forensic Scientists, Forensic Ballistics Experts, Clinical Psychiatrists, Psychologists, Examiners of Suspect Documents, and other forensic scientists. Their services would be obtained with the view to conducting necessary fresh forensic referred to in the Warrant of the COI.
6. Following the receipt of nominations by the GOSL culminating in the 9th February 2007 nomination of the IIGEP member representing the EU, the first Plenary Meeting between the COI and the IIGEP was held in Colombo on the February 12th and 13th 2007.
7. The Commission held several discussions with Assistants to IIGEP members (in the absence of IIGEP members in Sri Lanka) and developed a draft of a written understanding entitled Working Arrangement between the COI and the IIGEP. The 2nd Plenary Meeting between the COI and the IIGEP was held on the February 12th 2007. Amongst matters that were discussed was the draft working arrangement between the COI and the IIGEP. This document contains the methodology for all interactions between the COI and the IIGEP, and the manner in which the IIGEP will be able to exercise its mandate and entitlements. The GOSL has requested the IIGEP to ensure that on any working day of the COI, at least one Member of the IIGEP is present in Sri Lanka to observe investigations and inquiries conducted by the COI.
8. Upon a consideration of certain views expressed by the Chairman of the-IIGEP, the Commission proceeded to amend its Organizational Structure and the Rules of Procedure pertaining to Counsel (Attorneys) assisting the Commission. Under the new scheme (1st Amendment), there would be two Panels of Counsel, one from the official bar and the other from the unofficial bar. Whilst the Panel of Counsel from the Official Bar would comprise counsel nominated by the Attorney General from amongst officers of the Attorney General's Department and appointed by the Commission, the Panel of Counsel from the Unofficial Bar would comprise Attorneys-at Law from the unofficial bar of Sri Lanka. Both panels would be assigned functions by the Commission, with no special or prerogative powers or functions being assigned to anyone panel of counsel. Under the existing law and practice of Sri Lanka, officers of the Attorney General's Department who serve Commissions of Inquiry do not exercise any prerogative functions to be executed before or in relation to the Commission, and are required to function under the direction and supervision of the Commission. Without exception, this would apply to members of the Panel of Counsel from the Official Bar of the present Commission of Inquiry. The Commission is presently discussing matters with two eminent senior human rights lawyers from the unofficial bar, with the view to obtaining their services to function in the Panel of Counsel from the Unofficial Bar. All witnesses (including victims) who are summoned to appear before the Commission and make statements and or testify, will be entitled to have them represented through Attorneys of their choice.
9. The Investigation Supervision Committee of the Commission adopted Part - I of the Plan of Investigation for the conduct of fresh criminal and forensic investigations into the August 2006 killings of 17 aid workers of Action Contre La Faim (ACF). In the development of this plan, the Commission took into consideration the contents of the notes of investigations pertaining to investigations conducted so far by the Criminal Investigations Department (CID), information provided to the Commission by members of the public (pursuant to a Notice published by the Commission calling for information) and a communication sent to the Commission by the ACF. The plan of investigation has been forwarded to the IIGEP, and its views sought. Investigations into this incident by the Investigation Unit of the Commission have commenced.
10. The Commission has now finalized the Scheme of Assistance and Protection to be afforded to victims and witnesses by the Victim and Witness Assistance and Protection Unit of the Commission. This is seen as a pioneering development, particularly due to the absence of subject specific legislation in Sri Lanka. The Head and the Deputy Head of the Unit and its Legal Advisor have been appointed and they are in the process of recruiting other staff and developing working methodologies to provide assistance and protection with victims and witnesses. The Secretariat of the Commission has developed a budget for the Unit and has presented it to the government in order to procure necessary funds. The Ministry of Human Rights has channeled a request to the UN High Commissioner for Human Rights (through her representative in Colombo) seeking resources necessary for the Victim and Witness Assistance and Protection Unit. Further, the government has made requests to certain possible donor countries to provide necessary recourses. The UN High Commissioner's Office is presently developing a training program for the benefit of officers of the Victims and Witnesses Assistance and Protection Unit.
11. On the April 28th, 29th and 30th 2007, Commissioners and principal officers of the Commission proceeded to the Eastern Province and to the North Central Province and visited several scenes of crime (including Muttur where the ACF workers had been killed). During this visit, the Commissioners met with victims, dependents of victims, possible witnesses, civil society representatives, and government officials, and explained the purpose of their visit and the proposed plan of action including the scheme of assistance and protection to be afforded by the Commission to victims and witnesses.
12. With the view to forming a preliminary opinion regarding the propriety and sufficiency of routine investigations so far conducted into scheduled incidents by competent authorities, commencing today (May 14th 2007), the Commission commenced interviewing police officers who were involved in the conduct of investigations into the killing of 17 aid workers in Muttur in early August 2006. This session of investigation is being conducted in terms of Clause 8 of the Rules of Procedure of the Investigation Unit. Four members of the IIGEP and Assistants to IIGEP members were present on this occasion. Further sessions will resume on the 15th May 2007.
13. The government is presently taking steps to amend the Commissions of Inquiry Act for the purpose of providing enhanced powers and sufficient operational flexibility to Commissions of Inquiry.
14. Addressing the inaugural investigation session of the Commission, the Chairman of the COI Justice Nissanka Udalagama stated this morning that, the Commissioners of this Commission, will take every meaningful step within their control to ensure that, the Commission conducts all investigations and inquiries in accordance with highest professional and quasi-judicial standards and best practices. He further said that, it is their unwavering ambition to ensure that the Commissioners ascertain the whole truth in respect of all incidents which the Commission is required to investigate and inquire into. In that regard, he said that, the Commissioners will go to whatever extent as is required, to ascertain the truth. He also said that, the Commission wishes to assure all those who possess information or evidence pertaining to any incident required to be investigated and inquired into by the Commission, to freely come forward and volunteer to provide such evidence or information, without any fear of repercussions. The Commission would ensure that, there exists suitably conducive environment in which you could provide information, make statements and testify without any fear of retaliation, threat, or inducement. He also said that, the nature of protection that victims and witnesses would receive would be such that, it would not be possible for any person or group to inflict any harm on such victims and witnesses. Officers of the Victim and Witness Assistance and Protection Unit will provide all necessary assistance and protection to witnesses and victim, before, during and after investigations and inquiries.
