AIDE MEMOIRE CONCERNING THE PROPOSED MANDATE OF

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 001619

SIPDIS

SIPDIS

DEPT FOR SCA/INS

E.O. 12958: DECL: 10/03/2016
TAGS: PREL PGOV PHUM PTER CE
SUBJECT: AIDE MEMOIRE CONCERNING THE PROPOSED MANDATE OF
THE INTERNATIONAL INDEPENDENT GROUP OF EMINENT PERSONS
(IIGEP)


Classified By: Ambassador Robert O. Blake Jr., for reasons 1.4 (b) and
(d).


1. (SBU) The Ministry of Foreign Affairs sent Ambassador an
"aide-memoire" laying out the mandate for an International
Independent Group of Eminent Persons (IIGEP). This body is to
monitor the work of the Commission of Inquiry the Government
will task with investigating a series of serious human rights
violations. Text of the aide memoire appears below. The
aide-memoire asks that the USG furnish the name of its
proposed observer no later than October 9.


2. (C) COMMENT: We have not yet seen the Terms of Reference
(TOR) for the Commission itself, which the President will
establish through a "Letter of Invitation." In a meeting
with DCM and Poloffs on October 2, UN Special Advisor for
Human rights Rory Mungoven (protect) told us that the
government is still working on the TOR. Based on reports he
had heard, Mungoven was concerned that the mandate of the
Commission of Inquiry may be inadequate to perform its
mission credibly. He thought that in that case, the UN High
Commissioner for Human Rights would probably not want to
endorse the Commission. (Note: we have made clear to GSL
officials that the TORs for the Commission must be
sufficiently robust to produce a credible investigation and
follow-up. End note.)


3. (C) Action Request: Embassy asks that the Department
advise whether it can provide a U.S. nomination to the IIGEP
by the October 9 deadline. Embassy will consult the EU and
other countries who have been asked to provide monitors to
see who they are thinking of. We will also clarify with the
GSL the exact role and time they envision the monitors will
spend on the ground. Further, Embassy has reviewed the text
and believes that para g) could be strengthened to read as
follows: "to recommend measures that should be taken by the
Government of Sri Lanka to strengthen Sri Lankan institutions
in order to prevent and investigate future such incidents."
Embassy welcomes Department comments on the text before we
convey our views back to the Government of Sri Lanka.



4. (SBU) BEGIN TEXT OF DOCUMENT (note internal paragraph
numbering)

AIDE MEMOIRE CONCERNING THE PROPOSED MANDATE OF THE
INTERNATIONAL INDEPENDENT GROUP OF EMINENT PERSONS (IIGEP)


1. H.E. the President has decided to appoint by Warrant, a
Commission of Inquiry under the Commissions of Inquiry Act,
to investigate and inquire into several incidents to be
specified in a schedule to the Warrant, attached hereto,
which involves allegations of serious human rights violations
occurring in Sri Lanka. The Commissioners are required to
investigate and inquire into the incidents described in the
Schedule attached hereto and to make necessary
recommendations regarding the following matters:-

(a). to ascertain the facts and circumstances pertaining to
each of the incidents relevant to the investigations and
inquiries;

(b). to identify persons and the nature of injuries suffered
by them in the course of the incidents under inquiry;

(c). the circumstances, that may have led or resulted in the
incidents under inquiry;

(d). to ascertain the identities, descriptions and
backgrounds of persons who are responsible in any manner

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whatsoever for incidents under inquiry;

(e). to examine the nature and efficacy of the
investigations already conducted into the incidents relevant
to the inquiry;

(f). to recommend measures that should be taken in
accordance with the Laws of Sri Lanka against those persons
identified to be responsible for the incidents relevant to
the inquiry;

(g). to recommend measures that should be taken by the
Government of Sri Lanka in order to prevent such incidents;
and

(h). to forward any other recommendations which the
Commission considers relevant.



2. It has also been decided that the investigations and
inquiries of the Commission of Inquiry should be conducted in
such manner that it would enable one or more persons of
international repute to constitute an International
Independent Group of Eminent Persons (IIGEP) with a view to
ensuring the transparency and impartiality of such inquiries
and investigations and that such investigations and inquires
are conducted in accordance with basic international norms
and standards.


3. The proposed mandate of the Group which will be set out
in detail in the Letter of Invitation to be issued by H.E.
the President, would cover, inter-alia, the following :-

In order to satisfy as to whether such inquiries are
conducted in a transparent and impartial manner, in
accordance with basic international norms and standards, a
Member of the IIGEP may present such requirement to the
attention of the Chairman of the Commission of Inquiry and
the Attorney General.

Similarly, if any corrective action is required to be taken
by the Commission of Inquiry with a view to ensuring that
inquiries by the Commission are conducted in a transparent
and impartial manner and in accordance with basic
international norms and standards, a member of the IIGEP may
bring such matter to the attention of the Chairman of the
Commission of Inquiry and the Attorney General.

The IIGEP is expected, upon completion of every 3 months
period, to furnish an interim report to H.E. the President,
containing their findings regarding the manner in which the
Commission of Inquiry has conducted inquiries during the
period under review.

Following the completion of inquiries by the Commission of
Inquiry and prior to the expiry of 3 months, a Final Report
will be submitted by the IIGEP to H.E. the President,
containing the observations pertaining to the inquiries
conducted by the Commission of Inquiry.

Following the issue of the Final Report of the Commission,
the IIGEP will furnish, within 3 months, a report to H.E the
President containing their observations relating to the Final
Report.

The IIGEP may furnish any information which they may receive
from third parties and are considered directly relevant to
the investigation and inquiry to the Commission and the
Attorney General, for purposes of such investigation and
inquiry.

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In the performance of their functions IIEGP would be
permitted access to witnesses, documents and other relevant
materials with the concurrence of the Commission.

The IIGEP will not share with, release to or publish any
information received pursuant to their functions including
the reports of the IIGEP, to any third party, including Sri
Lankan and international media, without the written consent
of the Attorney General.


4. The above mandate seeks to ensure that the Group
functions in a pro-active manner and has every opportunity to
interact with the Commission and the Attorney General and
provides an opportunity to have access to witnesses and
documents.


5. The time frame for the Commission would be initially 6
months and it will be extended at the request of the
Commission for a further period for purposes of completing
investigations and inquiries. However, in order to ensure
practical flexibility, the proceedings of the Commission of
Inquiry may be observed by Members of the IIGEP on a
rotational basis and functioning either individually or as
pairs of Observers, for a minimum period of 2 to 3 weeks at a
stretch.


6. The Secretary to the Minister of Human Rights and
Disaster Management will coordinate the stay of Members of
the Group in Sri Lanka and the Inspector General of Police
will, through his officers, provide necessary security.


7. Upon receiving a preliminary commitment to be considered
for nomination, the formal letter of invitation will be
extended by H.E. the President. In order to expeditiously
commence the initiative for the establishment of the IIGEP,
confirmation of commitment by 9th October 2006 would be much
appreciated.

SCHEDULE


1. The killing of 17 aid workers of the international
non-governmental organization 'Action Contre la Faim' and the
alleged execution/disappearance of Muslim villagers in Muttur
in early August 2006.


2. The execution at Welikanda of 13 persons on 29.05.2006.


3. The assassination of the Foreign Minister of Sri Lanka
Hon.Lakshman Kadirgamar, P.C, on 12.08.2005.


4. The assassination of Hon.Joseph Pararajasingham, Member
of Parliament on 25.12.2005.


5. The killing of 05 youths in Trincomalee on 02.01.2006.


6. The assassination of the Deputy Director-General of the
Sri Lanka Peace Secretariat, Mr.Kethesh Loganathan, on
12.08.2006.


7. Death of 51 school children in Naddalamottankulam
(Sencholai) on 14.08.2006.


8. Disappearance of Rev.Nihal Jim Brown of Philip Neri's
Church at Allaipidi on 28.08.2006.


9. Killing of 05 fishermen and a civilian at Pesalai beach
and at the Pesalai Church, respectively, on 17.06.2006.


10. Killing of a family of four in Division 10, Thomaspura,

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Vankalai in Mannar Police area on 08.06.2006.


11. Killing of 13 persons in Kayts Police area on 13.05.2006.


12. Killing of 10 Muslims at Radella in Pottuvil Police area
on 17.09.2006.


13. Killing of 68 persons at Kebithigollewa on 15.06.2006.


14. Incident relating to the finding of 05 headless bodies in
Avissawella on 29.04.2006.


END TEXT OF DOCUMENT
BLAKE