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Eminent persons’ group complains of “persistent disregard”

P. N. Bhagwati

COLOMBO: The International Independent Group of Eminent Persons (IIGEP) has complained that the Sri Lanka government’s “persistent disregard” over its observations and recommendations on the functioning of the Presidential Commission on human rights violations tends to render its continued role irrelevant.

In a statement on the conduct of the Presidential Commission of Inquiry (COI) into Serious Violations of Human Rights, set up by President Mahinda Rajapaksa, the IIGEP made a strong case to the Commission and the government to take immediate steps for implementing corrective action.

The IIGEP, headed by the former Chief Justice of India, P.N. Bhagwati, and the government have been at loggerheads since the former was established in February to observe the investigations and inquiries carried out by the COI.

In its latest report, released here on Wednesday, the IIGEP said, “The COI’s process falls short of international norms and standards. The Commission’s work also lacks transparency. For instance, all sessions conducted by the Commission have been held to the exclusion of the public, the victims and their families and, on occasions the IIGEP.”

“In addition, there continues to be a lack of full and timely disclosure of information to the IIGEP. The IIGEP reiterates its concerns regarding the Commission’s lack of independence, ineffective witness protection measures and shortcomings in the investigations.”

The office of the COI refuted the IIGEP’s observations. “The COI notes with regret that the IIGEP has resorted to criticising the mechanism repeatedly, which could have the effect of undermining the work of the COI. In the event of genuine concern for the lack of adequate protection for witnesses, it would have been more befitting for the IIGEP in the interests of bringing the perpetrators to justice, to bring to the notice of the COI such shortcomings in a direct and discreet manner rather than publicly announcing such dissatisfaction lest it has the effect of discouraging potential witnesses from coming forward to give evidence,” it said.

COI Chairman Justice Nissanka Udalagama said the Commission “does not comprehend how the IIGEP came to hold the opinion that the COI’s Investigations are not transparent when the IIGEP and their assistants have been given the opportunity and have, in fact, questioned witnesses in detail at these sessions.”

Further, “the attempt to portray the assistants as representatives of the IIGEP at the proceedings is contrary to the Presidential Invitation, which only permits their appointment to provide necessary assistance to a member of IIGEP. In any event, only one or sometimes two assistants out of 10 assistants have been present at 76 sessions. Thus, the IIGEP has not been present to observe over half the proceedings and therefore the credibility of any comments made by the IIGEP must necessarily suffer from the consequences of such absence.”

Separately, the LTTE, in a statement posted on its website, said the Bishop of Mannar, Reverend Rayappu Joseph, met the LTTE’s political division head B. Nadeson and discussed issues related to the “humanitarian plight of the Tamil people living in the homeland and the military offensives of the Sri Lanka Government.”

There was no word either from the Tigers or TamilNet on the government’s claim that LTTE leader Velupillai Prabakaran was injured in an air raid on November 26.

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