Sri Lanka slams AI stand

Rasika SOMARATHNA

*Claims LLRC report pre-judged

*Attempt to undermine state sovereignty

The Permanent Mission of Sri Lanka to the UN in Geneva, Saturday strongly condemned Amnesty International for pre-judging the outcome of the country’s investigative mechanism, Lessons Learnt and Reconciliation Commission, that looks into all aspects related to the Lankan conflict.

“Pre-judgment of the Commission’s outcome is unacceptable and unwarranted,” Ambassador/Permanent Representative of Sri Lanka to the UN in Geneva Tamara Kunanayakam said replying to media queries on the Amnesty International Report on the LLRC, the External Affairs Ministry said in a statement.

“Claims by Amnesty International (AI) that they have analyzed the work of the Lessons Learnt and Reconciliation Commission (LLRC) is questionable when the final report of the LLRC is due only on 15 November 2011”, the ministry added.

The ministry said that it was evident that the real aim of those questioning the legitimacy of LLRC is to undermine the principle of state sovereignty that constitutes the foundation of the rule that requires domestic remedies to be exhausted.

“Therefore, pre-judgment of the Commission’s outcome is unacceptable and unwarranted, and is to be considered as interference in the internal affairs of a sovereign state”, the statement added.

Amnesty in a report released, on Wednesday stated that the LLRC investigation is flawed.

The External Affairs Ministry report recalled that AI in a demonstration of bad faith, refused an invitation from the LLRC in October 2010, to testify before the commission.

“This would have provided an opportunity to AI to obtain first hand knowledge of the workings of the LLRC”, the statement added.

It further said, “While pretending to be well versed in legal proceedings, in the case of Sri Lanka, AI has acted as a self-appointed judge and has chosen to ignore the fundamental principle of “contradictoriality” established by both national laws and international law, including by international human rights instruments. Compliance with this principle means that the parties have early knowledge of the opponent’s factual and legal arguments and evidence”.

The ministry noted that the LLRC was founded upon the principle of restorative justice and focuses on identifying those responsible for past events related to the conflict and identifying the institutional, administrative and legislative measures which need to be implemented in order to prevent recurrence of such events in the future.

Emphasising on the credibility of the LLRC the statement said: “As for the credibility of the LLRC, it was established by a democratically elected President and government and is composed of personalities whose eminence and integrity are not in doubt. Its composition reflects the pluralistic nature of the Sri Lankan polity”.

On the subject of giving due recognition to domestic remedies the statement said, “It is a well-known rule of international law that domestic remedies must first be exhausted. This rule is found in the case law of the International Court of Justice, the European Court of Human Rights, the American Convention on Human Rights, the African Charter on Human and Peoples Rights, international human rights treaties, etc.”. The statement recalled that calls for external intervention were made even before the LLRC could actually begin its work in August 2010.

“How credible then are the claims made by AI?,” the statement questioned. The ministry said that those questioning the transparency of the LLRC process were invited to visit the Commission’s website at www.llrc.lk, where its interim reports/communications are available.

On August 24, two weeks before the Amnesty report on LLRC was released, External Affairs Minister G.L.Peris addressing the diplomatic community in Colombo emphasised the importance given in international law for the exhaustion of local remedies and mechanisms.

“Therefore it is wrong to pre-judge or undermine the LLRC and its outcome”, he said.