8/11/2019 Concerns on the Proceedings of the Presidential Commission to Investigate Into Complaints Regarding Missing Per…
http://slidepdf.com/reader/full/concerns-on-the-proceedings-of-the-presidential-commission-to-investigate-into 1/4
Concerns on the Proceedings of thePresidential Commission to Investigate intoComplaints Regarding Missing Persons
2 October 2014,
Colombo, Sri an!a" #he Centre for Polic$ %lternatives &CP%' is deepl$ concerned
abo(t the recentl$ concl(ded proceedings of the Presidential Commission of In)(ir$ to
Investigate into Complaints Regarding Missing Persons &the Commission'* More than
a $ear into its mandate and in light of the practices that +ere evident at the recentl$
concl(ded sittings, CP% )(estions as to +hether the Commission is able to cond(ct
investigations into its no+ epanded mandate* % more f(ndamental )(estion m(st be
posed - is not the fail(re to gen(inel$ address the grievances of over 1.,000
complainants a star! reminder of the fla+s in and fail(res of domestic processes thatare meant to investigate violations/
#hese )(estions are raised after observations of p(blic sittings of the Commission and
CP% reiterates to the Commission and the a(thorities that immediate steps m(st be
ta!en to ans+er them* #he absence of action in this respect, onl$ serves to cast
aspersions on the integrit$ and credibilit$ of the Commission and on the possible
o(tcomes of the present process* ac! of gen(ine steps at this (nct(re, +ill severel$
(ndermine efforts to arrive at tr(th, (stice, acco(ntabilit$ and reconciliation in Sri
an!a*
Some concerns from the recentl$ concl(ded sittings"
1* Poor translations" CP% monitored the proceedings in both the M(lan!avil and
Pooner$n areas held bet+een 230th September and noted the etremel$ poor )(alit$
of translations* In several instances the translated information +as ver$ different to
the testimon$ provided* e highlight three eamples"
8/11/2019 Concerns on the Proceedings of the Presidential Commission to Investigate Into Complaints Regarding Missing Per…
http://slidepdf.com/reader/full/concerns-on-the-proceedings-of-the-presidential-commission-to-investigate-into 2/4
5Commission" 6id $o( have a ma!eshift ho(se there/
#ranslator" 7n!al(!!( veed( ontr( ir(!!iratha/ 8eed( ir(!!(tha ange/ &6o $o( have
a ho(se there/ +here/'
Commission" 6id $o( have a temporar$ shelter/
#ranslator" 9een!al niranthara or( m(!amil ir(ntheer!ala &ere $o( in a permanent
camp/'
5Commission" :o( don;t !no+ from +here the shelling +as coming from/
#ranslator" <nthe m(!amil ir(nteer!al endr( solla m(di(ma/ &Can $o( tell (s the
camps +here $o( +ere at/'
5Commission" =o+ man$ people came to ta!e her/
#ranslator" 7n!aloda eththanai per antha idaththil than!i ir(nthar!al path(!app(
thedi than!i ir(nthar!al eththinai per ir(!!(m/ &=o+ man$ people +ere sta$ing in
that place +ith $o(, ho+ man$ people +ere sta$ing there for sec(rit$/'
2* itness and 8ictim Protection" CP% has contin(o(sl$ called for credible +itness and
victim protection mechanisms for the safet$ of those +ho appear before the
Commission* e repeat this call* %t the Commission sittings on the 2.th September atthe Pooner$n 6ivisional Secretariat, individ(als identif$ing themselves as militar$
intelligence attended the sittings and photographed persons +aiting to give testimon$
to the Commission* >(rthermore, CP% noted the presence of several militar$ personnel
o(tside the ven(e* Photographs of the said incident can be fo(nd here* CP% believes
that s(ch tactics res(lt in the intimidation of people +anting to come for+ard and
eacerbate the fear of possible reprisals for spea!ing o(t p(blicl$ abo(t past violations*
#his in t(rn +ill impact the testimon$ received b$ the Commission, raising )(estions
of as to +hether it has been able to have hearings, +hich are free from interference and
+hether the information received is not etremel$ limited and?or onesided* =avingattended previo(s sitting, CP% notes that this is not the first instance that militar$
intelligence has attended, intimidated those in attendance and collected information
on them* CP% notes that the danger posed to those attending the hearings is ver$ real
in the heavil$ militari@ed contet of the 9orth* %ltho(gh a bill titled A%ssistance to and
Protection of 8ictims of Crime and itnessesB +as iss(ed on 11th %(g(st 2014, the
legislation is $et to be enacted and there is $et to be change on the gro(nd that
provides for effective protection* CP% has raised concerns on this iss(e and released
8/11/2019 Concerns on the Proceedings of the Presidential Commission to Investigate Into Complaints Regarding Missing Per…
http://slidepdf.com/reader/full/concerns-on-the-proceedings-of-the-presidential-commission-to-investigate-into 3/4
a statement incorporating them*
3* ine of (estioning b$ the Commission" CP% notes that the Commissioners posed
leading )(estions to those providing testimon$* #his implies bias and co(ld lead to
infl(encing testimon$ and s(bse)(ent findings* CP% is etremel$ concerned abo(t this
and strongl$ (rges independence and impartialit$ in the line of )(estioning* %neample of this is capt(red belo+"
" as there shelling/ %" Shell attac! contin(ed nonstop*
" Shell attac! +as to prevent $o( from crossing, no/ %" e +ere allo+ed to go into
the arm$ controlled area and arm$ +as there +ith (s and the$ +ere directing (s to
move into the area* %nd shells started to hit behind*
" Shells came from behind $o(/ %" 9o the shells started to hit behind* It came over
o(r head*
" #hat means from the ##< side, no/ %" :es* e +ere moving from the ##< side
into the %rm$ side* %nd the arm$ +as there +ith (s and the$ +ere directing (s* %nd
the shells started to go over o(r heads into o(r bac! side*
" #hat is, ##< +as shelling in order to prevent $o( from crossing over to arm$ side/
%" e can;t identif$ that* e +anted to safeg(ard o(r life* e +ere in fear for o(r life*
e can;t sa$ as to +ho co(ld have shelled*
" 6id ##< enco(rage $o( to cross over to arm$ side/ %" 9ot so, not li!e that* %t the
beginning stage +e +ere obstr(cted, +e +ere stopped from going into arm$ controlled
area*
" #he ##< +as tr$ing to cover themselves +ith $o( all being there/ %" e can;t see
that* #he sit(ation +as s(ch that +e can;t sa$ that* #here +as commotion* e can;t see
that*
In addition to concerns +ith the proceedings, CP% also +ants to raise the stat(s ofinvestigations before the Commission* Media reports indicate that the Commission has
approached President Raapa!sa to appoint an investigating team to p(rs(e cases of
disappearances* =aving observed the t$pe of complaints that are heard at the
Commission;s sittings, CP% is concerned b$ this re)(est that can (ndermine efforts at
a process that is meant to be independent and impartial* >or eample, a significant
n(mber of complaints of persons missing posts(rrender to the Sri an!a %rm$ &S%'
have been provided to the Commission* Diven that the President is also the Minister of
8/11/2019 Concerns on the Proceedings of the Presidential Commission to Investigate Into Complaints Regarding Missing Per…
http://slidepdf.com/reader/full/concerns-on-the-proceedings-of-the-presidential-commission-to-investigate-into 4/4
6efence and Commander in Chief, CP% raises )(estions as to ho+ s(ch a re)(est can
lead to an independent team and process* >(rthermore, CP% notes that the frame+or!
(sed to appoint the Commission provides it +ith the mandate to investigate and?or to
appl$ for assistance from p(blic officials in order to carr$ o(t its mandated tas!s* CP%
(rges that the Commission reeamines po+ers +ithin its mandate and eplores the
creation of an investigative team that is +ithin the Commission and +hich is be$ondpossible interferences from eternal actors*
Eac!gro(nd
In March, CP% prod(ced a commentar$ on the proceedings of the Commission,
highlighting the Commission;s inabilit$ to carr$ o(t a comprehensive, independent
and transparent in)(ir$ into the matters mandated, d(e to str(ct(ral fla+s of the
Commission of In)(ir$ mechanism in Sri an!a* %ltho(gh the Commission did not
adopt most of recommendations made in the polic$ brief, CP% contin(es to engage
+ith the Commission reiterating the importance of proced(ral safeg(ards to protect
the Commission;s integrit$ and credibilit$ in facilitating a legitimate tr(th see!ing
process for those still see!ing their loved ones, five $ears after the +ar*
In F(l$, CP% iss(ed a statement raising concerns abo(t the epansion of the
Commission;s mandate to incl(de in)(ir$ into a +ide range of iss(es incl(ding
violations of International =(manitarian a+ and International =(man Rights a+*
e fear that the primar$ foc(s of in)(iring into the large n(mber of (nresolved cases
of disappearances +ill be dil(ted b$ the epanded mandate* >(rthermore in
September, CP% highlighted the pace of the proceedings and the need for a better
methodolog$ to approach the iss(e of disappearances, no+ compo(nded b$ the
epanded mandate of the Commission*6o+nload a P6> of this press release here*
Posted b$ #havam