THREE CASES FURTHER PROBED BY PARANAGAMA COMMISSION
The Presidential Commission investigating into missing persons has opened a fresh inquiry into three instances of alleged violation of the International Humanitarian Law (IHL) during the final phase of the war namely the White Flag incident, Indiscriminate shelling on a hospital and the Channel 4 exposure to a special panel of inquiry.
The BBC report was incorrect, out of context and a misinterpretation The process indeed is not an easy task because we have to put in place a mechanism acceptable locally and internationally while safeguarding our sovereignty, judicial independence and dignity of the country
Commission Chairman retired High Court Judge Maxwel Paranagama told the Daily Mirror yesterday that the three cases would be inquired into on a priority basis by a special five-member team of inquiry appointed by the Commission and they would visit the North-East next week to gather first- hand information on those highly controversial incidents. “The decision to open a fresh inquiry on those alleged violations of the International Humanitarian Law does not mean that the Commission has admitted that they have actually happened. But what we want is to find out the truth and the members of the Panel of Inquiry have been specifically instructed to visit the venues of alleged crimes, interview the people and eye witnesses if there are any and file a report to the Commission as early as possible,” Mr. Paranagama stressed.
Mr. Paranagama also disputed the BBC Sinhala ‘Sandeshaya’ programme that allegedly reported that the Commission had admitted that atrocities had actually taken place. “This commission never accepted that atrocities had been committed by the armed forces but what we said was there was evidence to the effect that there had been incidents of violations of human rights by the LTTE, armed forces personnel and paramilitary groups which needed to be further investigated. The BBC report was incorrect, out of context and a misinterpretation,” Mr. Paranagama said.
Meanwhile, Cabinet spokesman and Minister Dr. Rajitha Senaratne yesterday said the recommendations of the Paranagama Commission report were more critical of Sri Lanka than those of the UNHRC report and added if it was published before the UNHRC report, the situation would have been more precarious for the country.
Responding to a journalist, Minister Senaratne said Sri Lanka had to go a long way to finalize the domestic mechanism as there was a large number of stakeholders to the problem. “The process indeed is not an easy task because we have to put in place a mechanism acceptable locally and internationally while safeguarding our sovereignty, judicial independence and dignity of the country. That is why the government has given a two day debate in Parliament on the UNHRC report, Paranagama report and Udalagama report. President Maithripala Sirisena has called an all party confab to discuss the issue and reach a compromise. In addition, the government will talk to all those concerned on the matter before setting up the local mechanism that will probably need to introduce new legislation,” he emphasized.
Commenting on the allegations made by the Opposition during the ongoing two-day debate in Parliament, Minister Senaratne reiterated that the local mechanism for a credible inquiry on alleged war crimes would be held under the provisions of Sri Lanka’s basic law and within the judicial parameters comprising judges, prosecutors and defense counsel chosen by Sri Lanka.
“But we have been given the opportunity to obtain expert opinion, advice and know-how from foreign experts who are knowledgeable and experienced in this kind of investigations. But it is definitely not that Sri Lanka is going to have a hybrid court for the purpose,” he said and added foreign advice had been sought in the past in murder inquiries of Prime Minister S.W.R.D.Bandaranaike, Minister Lalith Athulathmudali and Major General Denzil Kobbekaduwa. Even, former President Mahinda Rajapaksa has obtained the services of a team of four foreign eminent persons headed by Sir Desmond De Silva to assist the Paranagama Commission in the recent past, he said.