ISSN: 1391 - 0531
Sunday September 23, 2007
Vol. 42 - No 17
News  

AG charges IIGEP with ‘hidden agenda’

Attorney General C.R.De Silva has written to the Chairman of the International Independent Group of Eminent Persons (IIGEP) Justice P.N.Bhagwati declaring that this week’s statement by the IIGEP commenting on the progress of the Presidential Commission probing cases of serious violations of human rights appears to have been issued to coincide with the ongoing sixth session of the UN Human Rights Council in Geneva to possibly have a bearing on the deliberations of the council.

The Attorney General urging the IIGEP not to make public statements that directly and unnecessarily affect public confidence in public institutions of Sri Lanka such as the AG’s Department and the Commission of Inquiry (COI) appointed by the Government to investigate and inquire into alleged serious violations of human rights occurring in Sri Lanka but instead to engage in a constructive manner with these bodies so as to ensure that the objectives of efficacious law enforcement and dispensation of justice pertaining to alleged serious human rights violations could be jointly and harmoniously met.

Attorney General C.R.De Silva

The AG made these remarks in a letter addressed to Justice Bhagwati in response to the 3rd Public Statement of the IIGEP last week.“You would recall that the IIGEP chose to release the 1st and 2nd Public Statements to coincide with the 5th Session of the UN Human Rights Council,” the letter pointed out.

Referring to the participation of Counsel from the AG’s Department in the Panel of Counsel from the Official Bar of the Commission of Inquiry, the AG said that the appointment of the AG in Sri Lanka is not based on political considerations and he holds an independent office.

“It was the Commission of Inquiry that invited the Attorney General to nominate a few counsel from the AG’s Department to assist the Commission. The practice in Sri Lanka has been for counsel from the AG’s Department to assist Commissions of Inquiry when a request is made by such a Commission. In the normal criminal justice system, the AG does not direct the conduct of investigations. He merely advices investigators, when such advice is sought and generally when investigational endeavours by investigators have been concluded,” the letter said.

Therefore, the AG said that counsel from Department who assist the Commission do not face a conflict of interest and nor is there any competing interests faced by such counsel.

In any event, after the present Commission concludes its investigations and inquiries, it would become the responsibility of the Attorney General and his officers to launch criminal proceedings in the High Court and conduct such prosecutions. Therefore, there is valid justification in officers of the Attorney General’s Department continuing to function in the Commission. The Commission is an independent body, and therefore a final decision on whether or not such officers should continue to assist the Commission should be taken by the Commission and not by the President (as urged by Justice Bhagwati, when he met with the President on the 20th of August 2007) or by me in my capacity as the Attorney General, the letter said.

The Commission has already appointed two senior private practitioners namely Mr. R.K.W. Goonasekera (an eminent and senior human rights lawyer and a one time member of the United Nation’s Sub Commission on Human Rights) and Mr. Ranjit Abeysuriya (President’s Counsel, one time Director of Public Prosecutions and one time President of the Bar Association of Sri Lanka) and two other private Counsel to function as Members of the Panel of Counsel from the Unofficial Bar. In fact, in the investigation into the killing of five youths in Trincomalee, it is members of the Panel of Counsel from the Unofficial Bar, who are examining witnesses on behalf of the Commission, the letter added.

Justice P.N.Bhagwati

On the issue of providing financial autonomy to the COI, the AG said that as the Commission is not a permanent body and has temporary existence, the prevailing laws and financial regulations and associated practices would not permit the Commission to be empowered to maintain its own bank account or to obtain funds from sources outside the government.

“All necessary funds have been and would in the future too, provided by the Presidential Secretariat. Already a sum of Rs. 24 million has been spent by the Presidential Secretariat on behalf of the Commission and a further sum of Rs. 24 Million has been allocated for this year out of a total allocation of Rs. 90 Million”, he said.

The AG also explained the steps that have been taken by the Government to expeditiously establish an efficacious witness protection programme based on new national legislation.

He said the relevant draft legislation to provide assistance and protection to witnesses and victims of crime has been finalized and relevant policy guidelines have been formulated by the Law Commission and the Attorney General’s Department. The policy is now before the Presidential Secretariat for final clearance by the President. It is envisaged that it will be presented to the Cabinet of Ministers within the next two to three weeks following which it will be presented to Parliament as an e ‘urgent Bill’.

However, without waiting till the new legislation is passed, the Commission of Inquiry can proceed to implement its own scheme of assistance and protection to witnesses and victims of crime and the necessary financial resources in that regard will be made available to the Commission by the Presidential Secretariat based on an approved budget.

The letter added that the Commission has taken meaningful steps to provide foreign training to officers of the Victim and Witness Protection Unit of the Commission. The Unit is already functioning, and its efficacy would increase after the training of its officers is concluded. It is the duty of the Commission, the IIGEP and others interested in the success of the Commission, to ensure that the public has confidence in the victim and witness protection programme of the Commission.

The IIGEP in its statement issued this week said it remains concerned about the speed of the Commission’s investigation process. The Statement said; “The first investigation into the ACF case (the killing of 17 aid workers) commenced on 14 May 2007. Since that time, only a few witnesses have been examined.

“On 23 August 2007, the Commission commenced a second investigation into the killing of five youths in Trincomalee. Since the inception of the Commission, no public inquiry has been held and no substantial progress has been made into any of the mandated cases.

“While recognizing the practical steps taken by the Commission to accelerate the investigation phase, the IIGEP considers that the Commission is unlikely to have completed any case before the expiry of the Commission’s mandate in early November 2007.

“The Commission has made a decision that all of the investigations are conducted in closed sessions, and not open to the public or the families of the victims or their lawyers. The IIGEP fears that this may undermine the transparency of the Commission’s work.

“The IIGEP is also concerned that recent amendments to the organisational rules and procedures of the Commission imply that Commissioners can make a decision not to hold a public inquiry at the end of an investigation. “The Commission is currently conducting investigations without relevant and sufficient information and evidence from state bodies and other persons. Such information is vital for comprehensive and effective investigations.

“In order for the IIGEP to observe and monitor the Commission, the IIGEP requires all information and material that the Commission has in its possession. “The IIGEP has been concerned that the Commission had not fulfilled its obligation of full disclosure. The IIGEP is pleased to learn, however, that the Commission has appointed a Deputy Secretary with the function of liaising with the IIGEP to address the above disclosure issues.”

 
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