ISSN: 1391 - 0531
Sunday, June 24, 2007
Vol. 42 - No 04
News  

Presidential Com, IIGEP under scrutiny

The Presidential Commission of Inquiry and the International Independent Group of Eminent Persons came in for scrutiny at a parallel event hosted by the International Commission of Jurists (ICJ) at the 5th session of the United Nations Human Rights Council in Geneva on June 13.

The panelists were Sri Lanka’s Attorney General, CR de Silva, US appointee to the International Independent Group of Eminent Persons (IIGEP), Arthur E. Dewey, David Lewis, South Asia Regional Deputy Director, International Crisis Group and human rights lawyer/Sunday Times columnist & Deputy Director, Law and Society Trust, Kishali Pinto-Jayawardena.

Introducing the discussions, ICJ Secretary General Nicholas Howen pointed out that, given the seriousness of the issues involved, there was a need to explore and debate the differences of opinion.

The Attorney General referred to the fact that the Government of Sri Lanka (GOSL) had held wide-ranging discussions before setting up the Presidential Commission of Inquiry (COI) and the IIGEP, including talks with the United Nations High Commissioner for Human Rights and that the decision of the President in this regard was a reflection of government’s commitment to hold those responsible, accountable.

Contesting particularly the position of the IIGEP that the involvement of the officers of the AG in the COI amounted to a conflict of interest, he stated that the office of the AG is not a political appointment and its independence is guaranteed by the Constitution. The AG only provides legal advice to criminal investigations – does not take part in any criminal investigation – its part only commences upon completion of the police’s investigation – the conclusion that the AG’s department would be involved in the investigation itself would not arise.

While conceding that the need for a witness protection law is imperative, the AG stated that such a law was now being drafted. It was stressed that the GOSL expected at least one of the 11 Eminent Persons to be present in the country, to observe the work of the COI. Otherwise, it was observed, the IIGEP would be dependent on their assistants, which would defeat the objective and purpose of it being established.

Member of the IIGEP, Arthur Dewey said that upto now the IGEP had been reluctant to share information that it had received regarding the grave crimes under investigations due to the lack of an effective witness protection programme.

He remarked that official requests for people to come forward without witness protection was dangerous and irresponsible. He further emphasized the need for a totally independent panel of counsel for the COI and said the formation and control of the budget needed to be handled independently for the COI – so that the COI was not dependent on other government agencies.

Kishali Pinto-Jayawardena spoke on the paramount duty of the State to ensure justice for its citizens even though the terrorist nature of the LTTE has to be conceded.

The question that is central in this respect is that of legal accountability. She queried however, as to whether the COI is structured to achieve legal accountability. This question of legal accountability is not new to Sri Lanka nor is it confined to the minority community; since the 1980s, thousands of Sinhalese have been killed and the perpetrators of these killings have not been punished, some of them are still serving in the forces.

 
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Copyright 2007 Wijeya Newspapers Ltd.Colombo. Sri Lanka.