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Government Gazette

Fresh investigations into killing of 17 ACF aid workers in Muttur

COLOMBO: Over the weekend, members of the Presidential Commission of Inquiry (COI) were scheduled to visit several locations in the Eastern Province including Muttur, where the killings of the 17 aid workers attached to French NGO Action Contre La Faim (ACF) had taken place.

These workers were killed by hitherto unknown gunmen, during the LTTE attack on the town of Muttur in early August 2006.

The COI last week authorised its investigators to commence fresh criminal investigations based on a plan of investigation approved by the Commission, into the killing of the ACF Aid Workers.

The plan of investigation had been developed taking into consideration the CID investigations, the Magisterial inquiry and written representations made by the ACF to the COI, states a Foreign Ministry press release.

The release adds: “This is the first case to be investigated into by the COI which was appointed by President Mahinda Rajapaksa on 3rd November 2006 to investigate and inquire into specific incidents amounting to serious violations of human rights that had taken place in Sri Lanka.

In addition to investigating and inquiring into these incidents, the COI is commissioned to inquire into the propriety and sufficiency of the routine criminal investigations already conducted.

The investigations and inquiries conducted by the COI are observed by an International Independent Group of Eminent Persons (IIGEP) to ensure that relevant international norms and standards are adhered to.

“Notwithstanding the absence of relevant national legislation, the COI has established a “Victim and Witness Assistance and Protection Unit” to ensure that witnesses and victims could testify freely, without any fear of threat, inducement, harassment, reprisals or retaliation.

The legal advisor appointed to the Unit is presently developing a scheme of assistance and protection to be afforded to the victims and witnesses.

Persons who are interested in providing information and/or evidence regarding the killing of the 17 Aid Workers of the ACF will be entitled to receive assistance and protection from this Unit.”

“It is noteworthy that within three days following the early August 2006 killing, the Inspector General of Police handed over the investigations to the Criminal Investigation Department (CID).

Prior to that, initial investigations were conducted under the supervision of Senior Superintendent of Police (SSP) of Trincomalee.

On the invitation of the Government of Sri Lanka, an Australian Forensic group headed by Forensic Pathologist Dr. Malcolm Dodd visited Sri Lanka to support the Police and local Forensic experts in further examinations on the basis of a mutually agreed Terms Of Reference (TOR) entered into by the two Governments.

Dr. Dodd, who observed Pathological examinations conducted by the local Forensic Pathologist, submitted an independent report to the Government. On April 25, 2007, this report was submitted to the Magistrate who had conducted the Magisterial Inquest.

Earlier, in March 2007, the Magistrate concluding the Inquest determined that the apparent cause of deaths were due to gun shot wounds and that the deceased were victims of certain offences committed.

The CID continues to report the progress of investigations to the Magistrate and magisterial supervision of the investigation will continue.”

The Government is keen on comprehensive criminal investigations being conducted into this incident, enabling those responsible for the killings to be successfully prosecuted in a court of law and punished.

The Government intends to brief the ACF regarding the progress of investigations and effectively address the concerns of the ACF regarding ongoing investigations.”

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