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The decision to withhold information does not bode well for the other 15 cases under investigation. And in the Kadirgamar case the victim was a government official, apparently killed by the LTTE. It seems even less likely that the authorities will provide information on cases in which the alleged perpetrator is the military or police. Finally, the commission’s first months suggest that it is relegating the group of eminent observers to a marginal role. Indeed, commission chairman Justice Udalagama made that clear during his inaugural address. “The IIGEP has not been appointed to conduct any substantive or alternate investigations or inquiries into any incident amounting to serious violations of human rights,” he said, adding that “their role is to observe the functions of the commission.” 275 Sri Lankan organizations have urged that the government remove all restrictions on the IIGEP, and allow it to collect information and interview witnesses, in addition to monitoring the work of the CoI. 276 The IIGEP submitted its first interim report to the president on June 11, 2007. According to an IIGEP statement, the report informed the president that the CoI has “so far made hardly any noticeable progress in investigations and inquiries since its inception in November 2006.” 277 In addition, the IIGEP expressed concern that the government had not taken adequate measures to address issues such as “the independence of the Commission, timeliness and witness protection.” In particular, the IIGEP expressed concern about the role of the attorney general’s office in the investigations, citing a potential conflict of interest because investigators “may find that they are investigating themselves.” It also disapproved of the Presidential Secretariat controlling the commission’s finances. The IIGEP also made clear that the CoI’s existence did not obviate the need for wider human rights monitoring: 275 “Address of Hon. Justice Nissanka Udalagama, Chairman, Presidential Commission of Inquiry to Investigate and Inquire into Serious Violations of Human Rights,” Inauguration of Sessions of the Presidential Commission of Inquiry, May 14, 2007. 276 CPA Policy Brief no. 2, 2007. 277 “International Independent Group of Eminent Persons Public Statement,” June 11, 2007. 119 Human Rights Watch August 2007
In the current context, in particular, the apparent renewed systematic practice of enforced disappearance and the killings of Red Cross workers, it is critical that the Commission and IIGEP not be portrayed as a substitute for robust, effective measures including national and international human rights monitoring. Commission chair Udalagama defended the CoI’s work. “Members of the commission are confident that the CoI could continue to discharge its functions independently and that the mandate of the commission can be implemented in the best interests of justice,” he said. 278 Regarding the involvement of the attorney general’s office, he said the commission was “satisfied regarding the professional integrity and the professional services being rendered.” On funding, he said the government “has assured the CoI that it will make available all required resources for the commission.” The IIGEP issued a second report four days later, which said the commission’s conduct was “inconsistent with international norms and standards” and that failure to take corrective action “will result in the commission not fulfilling its fact-finding mandate in conformity with those norms and standards.” In particular, the IIGEP again questioned the role of the attorney general’s department in assisting the CoI, highlighting the conflict of interest that “compromises national and international principles of independence and impartiality.” 279 The report cited specific examples of the lack of impartiality by the attorney general’s office, such as the improper leading of witnesses. The report concluded that “the commission does not seem to have taken sufficient corrective measures to ensure that its proceedings are transparent and conform with international norms and standards of independence, impartiality and competence.” 278 “Response from the Chairman of the Commission of Inquiry to the IIGEP’s Public Statement,” June 11, 2007. For the full text of the response, see http://www.dailymirror.lk/2007/06/12/feat/01.asp (accessed June 28, 2007). 279 “International Independent Group of Eminent Persons Public Statement,” June 15, 2007. Return to War 120
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Sri Lanka Return to War Human Right
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Karuna group ......................
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I. Summary What I am saying is, if
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extrajudicial killings to unlawful
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2002. Since January 2006 more than
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against them, and list the location
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Emergency Regulations (372 Tamils,
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The mother of an abducted boy from
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disappearances. The police released
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commission, highlighting examples o
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Methodology This report is based pr
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discriminating against Tamils in th
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intimidation to force civilians who
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International humanitarian law proh
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in which an LTTE cadre shot and kil
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the Savukady camp in Batticaloa to
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they would no longer be responsible
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In mid-May the government began a n
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On May 29, UNHCR commented on the g
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Grama Niladari Divisions (the small
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The salvos landed in and around the
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didn’t take him to the hospital b
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While describing the loss of civili
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saw no weapons, no bunkers or artil
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V. Enforced Disappearances and Abdu
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months of 2007. 84 A government com
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In one illustrative case documented
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The Valvettiturai police registered
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would send him by bus or train to T
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wife tried his cell phone several t
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then that his brother had paid, alt
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as the disseminators of “LTTE pro
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It is evident that many of the [dis
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The government’s lack of commitme
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A lodge-owner who had 29 out of 36
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Page 73 and 74: VII. Emergency Regulations In Augus
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Page 87 and 88: At a public meeting on April 6, 200
Page 89 and 90: On April 30, 2007, unidentified gun
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Page 119 and 120: 7. Death of 51 persons in Naddalamo
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