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devoted to the commission, yet the only impact thus far is to take pressure off the
criminal investigation arm of the government and the attorney general’s office to
bring prosecutions. In the meantime, abuses continue to take place.
Second, the commission is only advisory. It can only recommend to the government
the steps to take, including by the attorney general. Within two months of receiving
the report, the president must pass the recommendations onto the relevant state
authority, but there is no legal obligation for that authority to act.
Third, neither the Commission on Inquiry Act of 1948 268 nor the commission’s
mandate specifies that the government must make the CoI reports public. Though
CoI hearings can be public, the reports themselves may never reach the public
domain. 269 In the past, the government has failed to release the reports of some
independent commissions looking into human rights abuses. 270
Fourth, the commission is saddled with the same concerns about witness protection
as the courts (see above). In recognition of the problem, chairman of the commission
Justice Nissanka Udalagama said that witnesses were often fearful to come forward.
“We are trying to establish a victim and witness protection unit to encourage them to
give evidence before the commission,” he said. 271 Until then, it remains to be seen
how many individuals are willing to take such a serious risk, especially when their
evidence may never result in prosecution.
268 The Commissions of Inquiry Act No. 17 of 1948 grants the president the power to set the terms of reference of a CoI and
appoint all its members (sec.2); add new members at his/her discretion (sec. 3); revoke the warrant establishing the CoI at
any time (sec. 4); and appoint the commission’s secretary (sec. 19) without needing to consult the commission or its
chairperson.
269 The Sri Lankan government told Human Rights Watch that the president will make the CoI report public “in accordance
with the provisions of the presidential warrant establishing the commission.” Sri Lankan government response to Human
Rights Watch, July 12, 2007.
270 The report of the Presidential Commission of Inquiry into the Bindunuwewa Massacre of October 25, 2000, for example,
has never been released. The report examines the attack by a mob of Sinhalese civilians and police on Tamil youth that killed
28 and wounded 14. The commission headed by Justice PHK Kulatilaka was set up on March 8, 2001, and its report was
submitted in early 2002. For detailed information on the incident and the commission, see Alan Keenan, “Bindunuwewa:
Justice Undone?” at http://www.brynmawr.edu/peacestudies/faculty/Keenan/bindunuwewa_justice_undone.html (accessed
May 30, 2007).
271 “Commission Urges Witness Protection,” BBC, May 14, 2007,
http://www.bbc.co.uk/sinhala/news/story/2007/05/070514_presidential_commission.shtml (accessed May 30, 2007).
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Human Rights Watch August 2007