International - India & World   

Bhagwati panel has exceeded its mandate: Sri Lanka Attorney General

B. Muralidhar Reddy

He takes exception to remarks on the progress made by the Commission of Inquiry and the role of AG’s department

COLOMBO:

COLOMBO: Sri Lanka Attorney General (AG) C. R. De Silva, in a letter to the Chairman of the International Independent Group of Eminent Persons (IIGEP) Justice P.N. Bhagwati, has charged the group with ‘exceeding’ its mandate of monitoring the progress of the Commission of Inquiry (CoI) appointed by the President, and of arriving at ‘misinformed, incorrect and partial conclusions.”

In a letter addressed to Mr. Justice Bhagwati last week, the AG referred to the two public statements made by IIGEP in the second week of June and said, “I am concerned that your observations and comments are based on possible information given to you by some assistants to IIGEP members, who appear to be totally innocent of what is actually taking place in the Commission.”

The AG has particularly taken exception to the observations of the IIGEP, which have been very critical of the progress made by the CoI and the role of the AG’s department in the whole exercise.

The IIGEP was established by Sri Lanka President Mahinda Rajapaksa in February to oversee the investigations carried out by the Presidential Commission of Inquiry (instituted in November) tasked with looking into several high-profile human rights violations which have occurred since August 2005.

The international group’s public statement issued on the second week of June stated that little progress had been made with the Commission of Inquiry.

“We reported to the President that the Commission has so far made hardly any noticeable progress in investigations and enquiries since its inception in November 2006. Moreover, since our formation in February 2007, we have identified and raised a number of concerns with the Commission and the Government of Sri Lanka.

“We remain concerned that current measures taken by the Government of Sri Lanka and the Commission to address issues such as the independence of the Commission, timeliness and witness protection are not adequate and do not satisfy international norms and standards,” the IIGEP report stated.

According to the AG, the Presidential Secretariat has already allocated Sri Lanka Rs.13 million for the activities of the CoI, while a supplementary estimate of Rs.90 million has already been approved for this year.

“In the view of the Government of Sri Lanka, the IIGEP has exceeded its mandate by indirectly proposing to the Government, that an international human rights monitoring mechanism be established or invited to Sri Lanka,” the letter said.

Mr. Justice Bhagwati raised issues related to the role of the Attorney General and his officers’ partiality in the Commission of Inquiry, when he met President Mahinda Rajapaksa to present the first preliminary report of the IIGEP.

“We are concerned about the role of the Attorney General’s Department as legal counsel to the Commission. The Attorney General’s Department is the Chief Legal Adviser to the Government of Sri Lanka. Members of the Attorney General’s Department have been involved in the original investigations into those cases subject to further investigation by the Commission itself. As such, members of the Attorney General’s Department may find that they are investigating themselves,” the IIGEP reported.

Mr. De Silva says that Mr. Justice Bhagwati did not express any objections to the role played by the officers of the AG’s department on earlier occasions. “Mr. Justice Bhagwati’s observations and comments are based on possible information given to him by some assistants to IIGEP members, who appear to be totally ignorant of what is actually taking place in the Commission. It would have been far more prudent if Mr. Justice Bhagwati personally observed the proceedings of the Commission,” he said.

The Attorney General accused IIGEP of timing their public statements to embarrass the Government. According to Mr. De Silva, the first statement was issued to coincide with the UN Human Rights Council sessions in Geneva. “…those interested in releasing the statements were not acting in good faith and were seeking to time the release in such a way that the Government of Sri Lanka would be embarrassed at certain international forums and meetings”.

Political and diplomatic observers here are perplexed at the sharp tone of AG’s letter particularly after Mr. Rajapaksa has directed that a careful study be made of the observations, concerns and recommendations made in the interim report of IIGEP.

A statement issued by the Presidential Secretariat said that the IIGEP’s first Interim Report was received on June 4.

While seeking a careful study of the report the Presidential Secretariat said, “Any response necessary will follow such study.”

Printer friendly page  
Send this article to Friends by E-Mail

Stories in this Section

Rains claim 228 lives in Karachi
Darfur conflict heralds era of wars, says U.N. report
Brown elected Labour leader
U.S. close to closing Guantanamo
Bar on conditioners
“India can do more to secure Suu Kyi’s release”
46 Tigers killed: army
Sunita reunited with family
Bhagwati panel has exceeded its mandate: Sri Lanka Attorney General
Arroyo: ASEAN will get moving forward

Copyright © 2007, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu