INTERNATIONAL TECHNICAL ASSISTANCE, OBSERVERS

PARANAGAMA COMM. RECOMMENDS

The Maxwel Paranagama Presidential Commission on Missing Persons has strongly recommended in its final report that in the event of Sri Lanka were to set up a purely domestic tribunal without the participation of any foreign judges, there must be an international technical assistance and observers to ensure the acceptance of the mechanism, the Daily Mirror learns.

The Commission has wound up its activities after the enactment of the Office of Missing Persons (OMP) and handed over its final report to the President on August 15.

“While it is the view of the Paranagama Commission that a Truth and Reconciliation Commission (TRC) should be at the heart of a reconciliation process, the Commission recognizes that there may be cases relating to disappearances or abductions that may amount to a violation of International Humanitarian Law (IHL) or International Human Rights Law (IHRL). In such cases there may be a need to mark the severity of such in offence or offences by means of a prosecution,” the Commission said.

In addition, provision, may be necessary for a criminal trial in a High Court, in the event of failure of those appearing before the TRC to tell the truth.

“The recommendation of this Commission in this regard are the same as the recommendation made by this Commission in dealing with the Second Mandate Report where this Commission set out in the clearest possible in a language that the proposed mechanism should be a combination of a domestic TRC and a purely local judicial mechanism to achieve peace and reconciliation,” it said.

It is for the political authorities to determine whether a South Africanstyle Peace and Reconciliation Commission under appropriate amnesties for truth telling is the most appropriate mechanism or if the judicial model which combines the prosecution of ‘those who bear the greatest responsibility ‘coupled with a Truth and Reconciliation Commission will better meet Sri Lanka’s post conflict needs.

“This Commission is aware that this Government intends to replace this Commission with a permanent Office of Missing Persons (OMP). We are happy to turn over to the

This Commission is aware that this Government intends to replace this Commission with a permanent Office of Missing Persons (OMP).

OMP the fruits of our labour that involve evidence taken from some 6283 statements during public sittings. However, there are approximately 10,000 complaints, which includes new registrations yet to be heard and which deal with missing and abducted persons. We wish the OMP success and hope that it will meet the aspirations of all,” the Commission also said.

The Commission appointed by ex President Mahinda Rajapaksa on Aug. 14, 2013, was initially mandated to inquire into and report on alleged abductions or disappearances during the period between 1990 to May 19, 2009.

In March 2014, the time period of the Commission was amended to cover the period from 1983 to 2009, upon the request of the Commission.

Former President Rajapaksa also appointed a panel of foreign experts to advise the Paranagama Commission in July, 2014. They were Sir Desmond de Silva, QC, Sir Geoffrey Nice, QC and Prof. David Crane. He again appointed Indian human rights activist Avdash Kaushal and a Pakistani law expert Ahmer B. Soofi to assist the Commission in its inquiries..

The four member committee comprising former High Court Judge Maxwel Paranagama (Chairman), D.B. Priyanthi Suranjana Vidyaratne and Mano Ramanathan was tasked to inquire into the all alleged incidences of disappearances, killings and other war crimes purported to have been committed during the last stages of the war in the North or immediately before and after the humanitarian operation.