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Invitation to serve as a Member of an
International Independent Group of Eminent Persons
(Sinhala)
(Tamil)
Allegations have been made by certain parties, regarding the commission of
certain serious violations of human rights in Sri Lanka by various persons
in furtherance of and associated in the context of (a) the ongoing
terrorist activities against the Government of Sri Lanka, its security
forces and its people, and (b) the counter measures adopted by the security
forces and the police to arrest, suppress or terminate such terrorist
activities. In the circumstances, His Excellency Mahinda Rajapaksa, the
President of the Democratic Socialist Republic of Sri Lanka is of the view
that, (a) causing independent and comprehensive investigations into alleged
serious violations of human rights specified in the Schedule to the
Presidential Warrant attached hereto and other incidents referred to in the
said Warrant, and (b) inquires into the investigations already conducted
into the incidents referred to in the said Schedule and other incidents
referred to in the said Warrant, are in the public interest, public safety
and welfare of the people of the Democratic Socialist Republic of Sri
Lanka. His Excellency is also of the opinion that the conduct of
comprehensive and independent investigations and inquiries into such
incidents and the outcome of such investigations and inquiries, would
facilitate and enable the initiation of appropriate legal action including
the institution of criminal proceedings and the efficacious prosecution of
those persons who have committed the alleged serious violations of human
rights. It would also enable the prevention of such occurrences in the
future.
Therefore, acting in terms of the authority vested in His Excellency the
President by the Commissions of Inquiry Act, His Excellency the President
has decided to appoint by Warrant a Commission of Inquiry to investigate
and inquire into the incidents specified in the afore-stated Warrant.
Please find attached a copy of the relevant Presidential Warrant. The
following persons who His Excellency the President is satisfied are persons
of prudence, ability and fidelity have been appointed as the Commissioners
of the Commission of Inquiry.
1. Hon Nissanka Kumara Udalagama Esquire Chairman
2. Upawansa Yappa Esquire
3. Dr Devanesan Nesiah
4. Kanapathipillai Cathiravelpillai Logeswaran Esquire
5. Madam Manouri Kokila Muttetuwegama
6. Madam Jezima Ismail
7. Somapala Samarasinghe Srimega Wijeratne Esquire
8. Ahamed Javid Yusuf Esquire
His Excellency the President has authorized the Commissioners to obtain
information, investigate and inquire into the several matters setout in the
afore-stated Schedule and into other incidents amounting to serious
violations of human rights arising since 1st August 2005, and inquire into
investigations that have already been and are being conducted into such
incidents, and have required the Commissioners to within one year of the
date of their appointment or within such extended period of time which His
Excellency the President may by warrant prescribe, present to His
Excellency a Report or such Interim Reports as may be appropriate thereon,
containing the findings of their investigations and inquiries and their
recommendations.
His Excellency the President is of the opinion that investigations and
inquiries of the Commission of Inquiry should be conducted in such a manner
that it would enable one or more persons of international repute
constituting an International Independent Group of Eminent Persons
(hereinafter referred to as the 'IIGEP') to observe such investigations and
inquiries. The participation of such an IIGEP would ensure the transparency
of such investigations and inquiries, and that such investigations and
inquiries are conducted in accordance with basic international norms and
standards.
Therefore, reposing great trust and confidence in your independence,
eminence, prudence, and ability, His Excellency the President has directed
me to invite you to serve as a Member of the International Independent
Group of Eminent Persons, that would observe the investigations and
inquiries conducted by the aforementioned Commission of Inquiry.
The constituent members of the International Independent Group of
Eminent Persons would be as follows.
1. Chairman
2.
3.
4.
5.
6.
7.
8.
The Terms of Reference of the International Independent Group of Eminent
Persons will be as follows:
1. Observe jointly or severally the investigations and inquiries
conducted by the Commission of Inquiry, with the view to satisfying that
such inquiries are conducted in a transparent manner and in accordance with
basic international norms and standards pertaining investigations and
inquiries.
In order to ensure that such observations could be carried out
efficaciously, members of the IIGEP shall be entitled to access all
information and material the Commissioners of the Commission of Inquiry
have access to and shall through the Commission of Inquiry and with its
concurrence have access to witnesses when they are called upon to testify.
2. In order to ensure operational flexibility, the proceedings of the
Commission of Inquiry may be observed by members of the IIGEP on rotational
basis and functioning either individually or otherwise for periods of time
to be agreed upon by the members of the IIGEP.
v 3. Translation and Interpretation services shall be provided to Members
of the IIGEP.
4. If any advice, assistance, services, resources, facilities,
opportunities including access to witnesses interviewed by the Commission
of Inquiry, and information or material, is required by members of the
IIGEP to efficaciously observe the investigations and inquiries conducted by
the Commission of Inquiry and to satisfy as to whether such investigations
and inquiries are conducted in a transparent manner and in accordance with
basic international norms and standards, members of the IIGEP may bring
such requirements to the attention of the Chairman of the Commission of
Inquiry or the Head of the Secretariat of the IIGEP as the case may be.
Members of the IIGEP shall at the same time keep the Attorney General
notified of such requirements.
5. If any corrective action is required to be taken by the Commission of
Inquiry with the view to ensuring that investigations and inquiries
required to be conducted by the Commission are conducted in a transparent
manner and in accordance with basic international norms and standards,
Members of the IGEP shall promptly bring such matters to the attention of
the Chairman of the Commission of Inquiry. Members of the IIGEP shall at
the same time keep the Attorney General notified of such corrective action
to be taken by the Commission of Inquiry.
6. If the Commission of Inquiry requests a member of the IIGEP to
provide any technical or other advice to the Commission of Inquiry on any
particular matter, the relevant member of the IIGEP may provide such advice
as may be solicited.
7. Upon the completion of every three months period, His Excellency the
President will be pleased to receive an Interim Report containing the
observations of members of the IIGEP. Such Report may contain either
individual views of the respective members of the IIGEP or the collective
views of all the members of the IIGEP.
8. Following the completion of investigations and inquiries conducted by
the Commission of Inquiry and prior to the expiry of three months thereon,
His Excellency the President will be pleased to receive a Report containing
observations pertaining to the investigations and inquiries conducted by
the Commission of Inquiry, with special reference to whether such inquires
were conducted in accordance in accordance with the basic international
norms and standards. Such Report may contain either the individual views of
members of the IIGEP or the collective views of all the members of the
IIGEP.
9. Following the issue of the final Report of the Commission of Inquiry
and prior to the expiry of three months thereon, His Excellency the
President would be pleased to receive a Report containing the observations
of members of the IIGEP regarding the said final Report of the Commission
of Inquiry. Such Report may contain either the individual views of the
members of the IIGEP or the collective views of all the members of the
IIGEP.
10. His Excellency trusts that, if you receive any information from any
third party relating to any incident being investigated or inquired into by
the Commission of Inquiry or any other matter relevant or pertaining to the
Commission of Inquiry, you will bring such information to the attention of
the Chairman of the Commission of Inquiry and the Attorney General.
11. Both during and after the completion of investigations and inquiries
of the Commission of Inquiry, Members of the IIGEP shall be entitled to
release or issue in the form of public statements, other announcements or
communications (which shall be in the form of documentary statements,
announcements or communications) containing their observations regarding
the manner in which the investigations and inquiries of the Commission of
Inquiry are being and have been carried out. However, any such observations
shall not be divulged or released to any third party without prior written
notification of a minimum of two weeks to the Chairman of the Commission of
Inquiry and the Attorney General. The Chairman of the Commission of Inquiry
and the Attorney General shall only object to the release of any
observations only if such observations shall in the opinion of the Chairman
of the Commission of Inquiry or the Attorney General be prejudicial to
ongoing investigations and inquiries of the Commission of Inquiry, or may
be prejudicial to, or absolutely necessary, for the protection of national
security and public order.
The respective Member of the IIGEP, the Chairman of the Commission of
Inquiry and the Attorney General shall make every endeavour to reach
agreement with regards the content of such statement. However, if agreement
cannot be reached, the Statement of the respective Member of the IIGEP
shall contain the objection raised by the Chairman of the Commission of
Inquiry or the Attorney General as the case may be, and the reasons
therefor.
His Excellency the President wishes that I underline the necessity for
you to maintain the utmost confidentiality pertaining to your observations
and information that you may receive in the course of functioning as a
member of the IIGEP. Further, the information or the observations of
Members of the IIGEP intend to release shall not contain any material that
may be prejudicial to national security or public order.
12. If upon the receipt of a recommendation by the Commission of Inquiry
to institute criminal proceedings against a particular person or group of
persons, the Attorney General declines or refrains from instituting such
proceedings within a reasonable period of time following receipt of the
Report of the Commission of Inquiry containing such recommendation, and
after appropriate discussions with the attorney General, the IIGEP is of
the opinion that the decision of the Attorney General is either unlawful or
unreasonable, Members of the IIGEP shall be at liberty to release publicly
a written statement containing their observations regarding such decision
of the Attorney General. Provided however, prior to the release of such
observations, the relevant Member intending to release such observations
shall communicate his views to the Attorney General, and shall provide
sufficient time for the Attorney General to make available his comments on
such views of the relevant Member of the IIGEP. Such comments of the
Attorney General shall be included in the statement issued by the relevant
Member of the IIGEP.
13. His Excellency the President has directed me to declare his
intention to, prior to the expiry of three months from the date on which
the Final Report of the Commission of Inquiry is submitted to His
Excellency the President, after excluding any material which in His
Excellency's opinion may be prejudicial to, or absolutely necessary for the
protection of, national security and public order, publish in the
Government Gazette and present in Parliament the Reports of the IIGEP.
The Ministry of Disaster Management and Human Rights will oversee and
through its officials coordinate necessary arrangements being provided to
the Members of the IIGEP.
The Secretary to the Ministry of Justice will be the Head of the
Secretariat of the IIGEP and will ensure that Members of the IIGEP receive
the required assistance, services, facilities, opportunities, resources,
material and information to efficaciously perform functions as members of
the IIGEP. To facilitate the requirements of Members of the IIGEP and to
efficaciously give effect to the several understandings contained in this
letter of invitation, representatives of His Excellency the President,
Minister of Disaster Management and Human Rights, the Attorney General, and
Secretary to the Ministry of Foreign Affairs, will be attached to the
Secretariat of the IIGEP. When staffing the Secretariat of the IIGEP, the
Secretary to the Ministry of Justice shall consult members of the IIGEP,
and ensure that such staff are competent and independent, and would be able
to comprehensively provide necessary assistance and services to Members of
the IIGEP.
The IIGEP will be entitled to establish a Secretarial Support Unit to be
operated under its own supervision. The composition of this unit will be
decided upon in consultation with the Head of the IIGEP Secretariat.
Members of the IIGEP will be entitled to identify, select and with my
concurrence appoint an Assistant (who shall not have any employment,
contractual or other obligation to any international or national
organization other than the United Nations) to provide necessary assistance
principally to such Member of the IIGEP and where necessary to other
Members of the IIGEP in the performance of their functions as Members of
the IIGEP. Such Assistant shall receive required resources from the
Secretariat of the IIGEP and shall report only to the respective Member of
the IIGEP. Such Assistants shall not be entitled to communicate with (other
than with Members of the IIGEP and fellow Assistants) or release to any
third party whomsoever and at any time whatsoever, any material or
information that such Assistants may receive or come to contact with in the
course of or as a result of functioning as an Assistant to a Member of the
IIGEP.
The Inspector General of Police shall through his officers provide
necessary security to you.
If any further assistance may be required from any other public
official, for a Member of the IIGEP to efficaciously perform his functions,
such requirement may be brought to the attention of the Head of the Secretariat
of the IIGEP, who will take necessary steps to ensure that the required
assistance is procured and provided.
During the period members of the IIGEP function in such capacity, full
diplomatic privileges and immunities will be awarded. Assistants of Members
of the IIGEP will be accorded such diplomatic immunities as are necessary
for the independent exercise of their functions as Assistants of Members of
the IIGEP.
If any dispute were to arise between you and the Government of Sri Lanka
or an official thereof relating to the understandings contained in this
communication, such dispute shall be resolved through diplomatic
negotiations wherein in addition to the disputing parties, the Governments
of Sri Lanka and ------. shall be entitled to participate.
In order to facilitate the expeditious commencement of investigations
and inquiries of the Commission of Inquiry, I would very much appreciate if
you could as soon as possible confirm your acceptance of this invitation.
By His Excellency's command
Lalith Weeratunge
Secretary to the President
Please
go to the following link for the Presidential Warrant that established the
Commission of Inquiry and the Schedule of Cases:
http://www.pchrv.gov.lk
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