Address of Hon. Justice Nissanka Udalagama, Chairman, Presidential Commission of Inquiry to investigate and inquire into serious violations of Human Rights

My fellow Commissioners,
Members of the International Independent Group of
Eminent Persons (IIGEP),
Distinguished Invitees,
Members of the Panel of Counsel of the Official and Unofficial Bars, Assistants to Members of the IIGEP,
Principal Officers of the Commission,
Members of the Media,
Ladies and Gentlemen,

I wish to welcome you to this inaugural session of the Commission of Inquiry appointed by the President of Sri Lanka to investigate and inquire into Human Rights violations allegedly occurring in Sri Lanka since 1st August 2005. As you would be aware, the President appointed this Commission in November 2006. The Presidential warrant requires this Commission to investigate and inquire into serious violations of Human Rights, including fifteen (15) incidents specified in the schedule of the warrant and to also inquire into the propriety and sufficiency of investigations conducted by routine competent authorities into such incidents. By a communication dated 31 January 2007 , His Excellency the President invited this Commission to consider inquiring into the assassination of Hon. Nadarajah Raviraj MP and this Commission decided to also inquire into that alleged violation too, and in all, this Commission will now proceed to inquire into 16 incidents. The warrant reveals the primary purpose for which the Commission has been established; that is to collect sufficient evidence to launch prosecutions against persons who are responsible for having perpetrated such violations. A unique feature of this Commission is that, the work of the Commission is observed by a group of international experts referred to as the International Independent Group of Eminent Persons (IIGEP). Their function is to observe and report on whether the investigations and inquiries conducted by the Commission are in accordance with international norms and standards. Though the Commission was appointed in November 2006, the IIGEP was established only in February 2007. Therefore, the formal interaction between these two entities came into being only on the 12th of February 2007, with the 1st Plenary meeting being held in Colombo. Last Saturday, the 2nd Plenary meeting between the Commission and the IIGEP was held and we have now developed a common understanding which would help both entities to give effect to their respective mandates. We are most pleased to see some of the IIGEP Members and their Assistants present here today, to observe the functioning of the Commission.

It is incumbent on me to make use of this occasion to inform the public that, 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. His Excellency the President with the cooperation of the international community has invited and appointed eleven (11) very eminent persons to serve as members of the IIGEP. Their role is to observe the functions of the Commission. Therefore, I would urge interested parties and the general public not to request the IIGEP to conduct inquiries, or provide them with information expecting the IIGEP to investigate into incidents. Rather, the proper course of action would be to provide such information to the Commission, enabling the Commission to conduct investigations and inquiries. Indeed such investigations and inquiries would be observed and later commented upon by the IIGEP. We have an inbuilt mechanism to ensure confidentiality of all information and requests that we receive. It is our duty and intention to conduct investigations and inquiries into incidents falling within the scope of the warrant of the Commission, impartially, comprehensively, quasi-judicially and in accordance with the relevant international norms and standards. We as Commissioners of this Commission, will take every meaningful step within our control to ensure that, we conduct all investigations and inquiries in accordance with the highest professional and quasi¬judicial standards and best practices. It is our unwavering ambition to ensure that we ascertain the whole truth in respect of all incidents which the Commission is required to investigate and inquire into. In that regard, we will go to whatever extent as is required, to ascertain the truth.

Indeed, it has taken a few months for the Commission to commence sessions. This was due to the reason that, prior to commencing formal investigations and inquiries, the Commission was keen on developing its internal rules of procedure, organizational structures and other internal mechanisms. We were of the view that, without rushing into investigations and inquiries, the Commission should initially have its internal mechanisms and processes developed and functioning. I believe that, such methodical internal organizing and development, is part of internationally accepted best practices. Now that we have all the necessary internal systems in place and the necessary personnel recruited, we can safely commence investigations and inquiries.

Foremost amongst initiatives taken by the Commission, was the establishment of a Victim and Witness Assistance and Protection Unit and a scheme to provide assistance and protection to all victims and witnesses. Whilst there is a general scheme of assistance and protection which would be the entitlement of all victims and witnesses, persons who face particular vulnerabilities and threats, would be entitled to certain special measures of assistance and protection. The Commission wishes to assure all those who possess information or evidence pertaining to any incident required to be investigated and inquired into by the Commission, to freely come forward and volunteer to provide such evidence or information, without any fear of repercussions. The Commission would ensure that, there exists suitably conducive environment in which you could provide information, make statements and testify without any fear of retaliation, threat, or inducement. The nature of protection that you receive would be such that, it would not be possible for any person or group to inflict any harm on you or other persons whose safety you would be concerned with. Officers of the Victim and Witness Assistance and Protection Unit will provide all necessary assistance and protection to witnesses and victim, before, during and after investigations and inquiries.

Upon a consideration of all the cases required to be investigated and inquired into by the Commission, it was decided by the Commission to commence the work of the Commission by conducting investigations into the early August 2006 killings of 17 workers of Action Contre La Faim (ACF) in Muttur. Therefore, the Commission initially called for and examined the notes of investigations pertaining to investigations conducted into this incident by the Criminal Investigation Department. Thereafter, the Investigation Supervision Committee of the Commission developed a Plan of Investigation and instructed the Investigation Unit of the Commission to commence fresh investigations into this incident.

This session is being conducted in terms of clause 8 of the Rules of Procedure of the Investigation Unit of the Commission. Under the general scheme, investigations are conducted by officers of the Investigation Unit in accordance with an approved Plan of Investigation developed by the Investigation Supervision Committee of the Commission of Inquiry. However, under clause 8, for certain purposes, certain aspects of the investigation can be directly conducted by the Commission itself. When the Commission wishes to arrive at a preliminary view of facts and circumstances pertaining to any matter relevant to an incident being investigated, or when it seeks to consider the nature of investigations already conducted by the routine competent authorities into the relevant incident, or for the purpose of facilitating investigations by the Investigation Unit, Clause 8 empowers the Commission to directly interview witnesses and record their statements. Therefore, the Commission decided to act in terms of Clause 8, and interview and record the statements of several police officers who had been involved in the conduct of criminal investigations into the killing of 17 aid workers of ACF in early August 2006.

Therefore, the session that would be held today and tomorrow would be a part of an investigation. As it is an investigation, the session itself where police officers will be interviewed and their statements recorded, will be held in camera and therefore not open to the public. After formal investigations into this incident are concluded, the Commission will conduct sessions of inquiry, when the oral evidence of witnesses will be taken. Such sessions will be open to the public.

I now invite a Counsel from the Panel of Counsel from the Official Bar, to assist the Commission by outlining the nature of the case being investigated into and the general scope this interview.