SRI LANKA: EMINENT PERSONS REASSURED AFTER MEETING

C O N F I D E N T I A L SECTION 01 OF 02 COLOMBO 001171

SIPDIS

SIPDIS

DEPARTMENT FOR SCA/INS
MCC FOR D NASSIRY AND E BURKE

E.O. 12958: DECL: 07/17/2017
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: EMINENT PERSONS REASSURED AFTER MEETING
PRESIDENT; HOLD THIRD PLENARY

REF: A. COLOMBO 966


B. COLOMBO 835

C. AND PREVIOUS

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


1. (C) SUMMARY: The International Independent Group of
Eminent Persons (IIGEP) held its third plenary meeting with
the Commission of Inquiry (COI) August 17 - 20. The positive
tone of the meeting reassured even skeptics within the IIGEP.
U.S. Eminent Person Gene Dewey noted that the possibility of
IIGEP prematurely ending its mission in Sri Lanka now seemed
off the table. IIGEP Assistant David Savage told us
difficult issues were discussed openly during the plenary and
some progress was made. The IIGEP met President Mahinda
Rajapaksa for the first time on August 19, who mounted a
"spirited defense" of the Attorney General's participation in
the COI. Dewey noted that following this meeting, several
EPs were further encouraged about the COI's future. Dewey
and IIGEP Assistants Dana Urban and Savage have been working
with the Justice Ministry on a proposed victim and witness
protection bill. IIGEP is drafting its second Quarterly
Report to the President, which it plans to present on
September 17. The plenary and the meeting with the President
did not produce significant progress but served to reassure
the Eminent Persons that IIGEP should continue its
observation of the COI at least through the end of the
original mandate in November 2007. End Summary.

Third Plenary Cordial and Productive
--------------


2. (C) The International Independent Group of Eminent
Persons (IIGEP) met in Colombo for its third plenary with the
Commission of Inquiry (COI) from August 17 through 20. U.S.
Eminent Person Gene Dewey reported to Ambassador on August 21
that the meeting went "better than expected," given the
recent tensions between the two groups. The positive tone of
the meeting reassured even the skeptics within the IIGEP.
Dewey noted that the possibility of several resignations from
the IIGEP has receded at least for now.


3. (C) IIGEP Assistant David Savage told us that the CoI
and IIGEP discussed difficult issues more openly than during
the previous plenaries and made some progress. The
Commissioners agreed to hold a meeting to discuss the issue
of the Attorney General's (AG) involvement in the COI,
acknowledging that as part of an independent commission, the
decision was theirs to make. The EPs pressed hard on the
issue of disclosure of information to the IIGEP. The COI
agreed to hand over documents in their original language
immediately to IIGEP and to pass along translated versions
when they are available. The COI also agreed to honor its
previous commitment to cooperate with the IIGEP assistants
when the EPs are out of the country. The EPs, for their
part, undertook to have at least one of their members
in-country as consistently as possible. Savage noted that at
least one EP is scheduled to be in Sri Lanka for all but a
few COI sessions between now and the end of the year.

President Defends the Attorney General
--------------


4. (C) The IIGEP met President Mahinda Rajapaksa on August

19. Dewey told Ambassador that the meeting, described in
IIGEP's press release as "useful and constructive," covered
three now-familiar themes: the role of the AG's office in the
COI, the need for adequate victim and witness protection law,
and the lack of immunities for the IIGEP Assistants. The
President presented a "spirited defense" of the AG's
participation, Dewey said, and commented that the AG has been

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present in every COI Sri Lanka has conducted. (Note: This
argument is unconvincing. Sri Lanka's previous Commissions
of Inquiry have produced very little. A recent study
commissioned by IIGEP reports that the AG's involvement in
these commissions was a key reason for their failure.) The
Commissioners joined in defense of the AG, however, arguing
that they cannot afford enough independent counsel to replace
the depth and expertise provided by the AG's office. The
President ended the discussion of this issue by saying that
the COI could dismiss the AG at any point if it chose to do
so. Attorney General C.R. De Silva said that the GSL is
working to finalize a witness protection bill, with input
from IIGEP, and noted that it should be complete within two
months. Dewey noted that following this meeting, several EPs
were further encouraged about the future of the COI.

IIGEP Weighs in on Witness Protection
--------------


5. (C) Dewey and IIGEP Assistants Dana Urban and David
Savage have been working with the GSL on the proposed victim
and witness protection legislation. The GSL's Law Commission
initially invited IIGEP to comment on the draft legislation,
but then claimed that the proposed bill was "beyond recall,"
having already gone to acting Justice Minister Dilan Perera.
Dewey and the IIGEP expert assistants were able to secure an
appointment with Perera, however, to discuss the bill.
Perera agreed to delay presenting the bill to Cabinet in
order to incorporate IIGEP's recommendations into the draft.
We understand that Perera arranged a further meeting on
technical witness protection issues with the Secretary of the
Justice Ministry that took place on August 23.

Next Steps
--------------


6. (C) The IIGEP is currently drafting its second Quarterly
Report to the President, which will be presented to him on
September 17. IIGEP plans to submit its next public statement
to the GSL for an agreed two-week review period within the
next few days and plans to release it also on or about
September 17. Dewey noted that the report and statement are
timed to coincide approximately with the next Human Rights
Council meeting in Geneva.


7. (C) Dewey and Savage report that some progress is being
made on the case of the five youths killed in Trincomalee and
on the killing of the 17 Action Against Hunger workers in
Muttur. They note that the COI has picked up the pace of its
investigative hearings. Separately, Savage has been taking
testimony from the parents of one of the five youths and will
submit this information to the COI once the parents are
safely out of the country.


8. (C) COMMENT: The plenary with the COI and the meeting
with the President did not produce significant breakthroughs.
Nevertheless, both served to persuade the EPs that IIGEP
should continue its observation of the COI, at least through
the end of the original mandate in November. There also
seems to be new hope that perhaps one of the fifteen cases,
most likely the Trincomalee or Muttur case, will be resolved
by then. In the final analysis, IIGEP input into the Victim
and Witness Protection law should help to ensure a
comprehensive piece of legislation with the potential to
provide some lasting benefit to Sri Lanka, and might even
help to deter future human rights violations.
BLAKE