Providing a sound platform to stop human rights violations

Justice Nissanka Udalagama's address delivered at the Inaugural Meeting between the Presidential Commission of Inquiry and the International Independent Group of Eminent Persons (IIGEP) on February 12.

HUMAN RIGHTS: It gives me great pleasure to address you today, at this inaugural meeting as the Chairman of the Commission of Inquiry appointed by the President of Sri Lanka in terms of the Commissions of Inquiry Act, to investigate and inquire into alleged serious violations of Human Rights occurring in Sri Lanka since 1st August 2005, including in particular 15 incidents stipulated in the Presidential Warrant.

This is the inaugural meeting the Commission is conducting with members of the International Independent Group of Eminent Persons (IIGEP), who have been appointed by the President to observe the investigations and inquiries conducted by the Commission.

We propose to periodically conduct meetings of this nature with members of the IIGEP, so that both the Commission and the IIGEP could efficaciously give effect to their respective mandates as stipulated in the respective terms of reference of the two entities.

At the outset itself, it is with a degree of pride that I wish to state that, I feel honoured to be assisted by seven other Commissioners, who are much respected and learned senior members of our society.

They come from varied professional backgrounds and represent the diverse pluralities of the Sri Lankan society. They have one thing in common, that is their respect and commitment towards the promotion and the protection of Human Rights.

They also have one common qualification. That is their unblemished reputation and integrity. I am truly honoured by their association with me in this Commission.

We as members of the Commission are most pleased by the profiles of the gentlemen present here today, who have been invited by the President of Sri Lanka to function as members of the International Independent Group of Eminent Persons (IIGEP).

All of you are much respected in your own countries. Your eminence in your respective fields of professional activity has earned you much reputation as being both independent and eminent. It would be our pleasure to see you observing the functions of the Commission.

However, I cannot but ignore observing that the international community has not in the nomination of persons to the IIGEP considered the need to maintain a gender balance.

I wish to take this opportunity to enlighten learned members of the IIGEP of some of the salient activities already undertaken by the Commission and implemented.

Soon after the Commission and the Secretary to the Commission was appointed by the President, the preparatory work of the Commission commenced. One of the challenging tasks was to identify and open the office complex of the Commission.

The Bandaranaike Memorial International Conference Hall (BMICH) being one of the most conveniently located and well equipped institutions, was identified and obtained to house the Commission. The office of the Commission has now been established and is functioning.

The Commission being mindful of the need to obtain assistance of legal counsel with appropriate professional experience, sought and obtained the nominations of the Attorney General to empanel the Panel of Counsel of the Commission.

Acting on nominations of the Attorney General, the Solicitor General was appointed as the Lead Counsel of the Commission and is ably assisted by two Deputy Solicitors General, two Senior State Counsel and a State Counsel. We are much assisted by the Panel of Counsel.

Upon a consideration of the statutory provisions of the Commissions of Inquiry Act and the mandate of the Commission as reflected in the Presidential Warrant, the Commission arrived at the view that, it would be appropriate to develop and adopt a formal organisational structure for the Commission and a set of Rules.

After serious thought and several rounds of deliberations, the Commission adopted a document setting out the 'Organisational Structure and the Rules of Procedure of the Commission'.

A copy of the document has been included in the folder which has been issued by the Commission to members of the IIGEP.

The Commission also addressed its mind for the need to recruit personnel to the Investigating Unit of the Commission.

It was deemed by the Commission, that it would be appropriate for the Investigating Unit to be headed by a Deputy Inspector General of Police who possesses an unblemished character, suitably qualified and well experienced in the field of criminal investigations.

With the active cooperation of the National Police Commission and the Inspector General of Police, a series of interviews were conducted.

The Commission thereby identified a suitable officer to function as the Head of the Investigation Unit. His formal appointment will be made within the next couple of days. A deputy to the Unit and additional investigating officers will be selected soon.

The Commission also identified the need to develop a victim and witness assistance and protection scheme, with the view to creating a conducive environment in which victims and witnesses could provide information to the Commission, make statements and testify before the Commission without undue hindrance, fear of reprisals, intimidation, harassment and retaliation.

For this purpose, it is intended to establish a Victim and Witness Assistance and Protection Unit. Presently a Sub Committee of the Commission is deliberating on the development of the mandate, organisational structure and the rules of procedure of this Unit.

A Notice was published in the media calling on the public to provide information to the Commission.

In addition to routine publication in the print and electronic media, steps were taken to disseminate information through grass roots level administrative structures, pertaining to the call by the Commission to provide information.

There is already a response to this Notice. Further action will be taken in due course to invite the public to provide information to the Commission.

During our forthcoming discussion session, we will brief you in further detail regarding action already taken by the Commission in the furtherance of its mandate.

I am advised that, this Commission which has been established under domestic law of a sovereign nation which is required to give effect to its mandate whilst being observed by a group of international independent eminent persons, is a unique institution. Possibly, world over, the first of its kind.

Whilst the Commission is required to in terms of the Presidential Warrant execute its mandate in accordance with the Sri Lankan law, the IIGEP is required to observe the investigations and inquiries conducted by the Commission, with the view to satisfying that the investigation and inquiries are being conducted in accordance with international norms and standards.

I am well advised that, investigations and inquiries into the several incidents amounting to serious violations of Human Rights, will be conducted only by the Commission.

As the Commission understands, the role of the IIGEP would be to observe the functions of the Commission and not to engage in alternative or parallel investigations or inquiries into these incidents.

I believe, that only a well considered understanding of our respective duties and responsibilities, could lead to a smooth functioning of the Commission and the IIGEP. Particularly due to the uniqueness of the mandates and the nature of the institution that has been established, we would indeed have to carefully develop our respective working methodologies and a joint programme of action wherein both entities (the Commission and the Observer Panel) could properly discharge their respective duties. Possibly the entirety of tomorrow's session could be devoted for that exercise.

I hope that the deliberations we engage in during this meeting will provide a sound platform for the discharge of our respective mandates efficaciously.

I am confident that this Commission of Inquiry would conduct its investigations and inquiries in accordance with international norms and standards and fully discharge its mandate leading towards reports being issued by the Commission in furtherance of its terms of reference.