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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"

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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

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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 

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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