SRI LANKA: IIGEP COMES TO END; HOPE REMAINS FOR

C O N F I D E N T I A L SECTION 01 OF 04 COLOMBO 000409 SIPDIS SIPDIS DEPARTMENT FOR SCA/INS E.O. 12958: DECL: 04/08/2018 TAGS: PGOV PREL PTER PHUM MOPS CE SUBJECT: SRI LANKA: IIGEP COMES TO END; HOPE REMAINS FOR COI REF: A. COLOMBO 344 ¶B. COLOMBO 264 Classified By: Ambassador Robert O. Blake, Jr., for reasons 1.4(b,d). ¶1. (C) SUMMARY: The International Independent Group of Eminent Persons (IIGEP) has ended its work in country and released its final public statement on April 15. The statement concluded that the Commission of Inquiry's (COI) work has not met international standards, detailed the reasons for this conclusion, and included a set of recommendations to address these issues. IIGEP also concluded that there was an "absence of political and institutional will" on the part of the government to pursue the cases being examined by the COI. Despite IIGEP's withdrawal - or perhaps because of it - COI proceedings have continued, and parts of the government seem determined to prove the COI a success. Over the past few weeks, key witnesses have given testimony on the killing of 17 Action Contre la Faim workers and the killing of 5 young men in Trincomalee (ref A),including some video testimony, the first ever in Sri Lanka. On April 22, IIGEP presented its final report to President Rakapaksa, who objected to IIGEP's conclusion that his administration lacks the will to resolve the cases. Meanwhile, the IIGEP Secretariat has been wrapping up its work, including archiving important material and working on a final report to the donors. Post appreciates U.S. Eminent Person (EP) Arthur "Gene" Dewey's outstanding contribution to IIGEP and will follow, with some hope, the ongoing proceedings of the COI. End Summary. IIGEP Final Statement Illicits Strong Reaction -------------- -- ¶2. (U) IIGEP released its sixth and final statement on April 15. The final version tracks closely with the draft version previously reported (ref B). IIGEP's statement concluded that the proceedings of the COI have not met international standards because of a conflict of interest in the proceedings before the Commission, namely the involvement of the AG's office; the lack of effective victim and witness protections; the lack of transparency and timeliness in the proceedings; the lack of full cooperation by State bodies; and the lack of financial independence of the Commission. IIGEP recommended that the President immediately compel all State bodies to provide full disclosure of information; the government continue to assert and develop the doctrine of command responsibility in Sri Lankan law; the government establish a workable, effective and permanent system of victim and witness protection; the COI include in its inquiries an examination of the reasons for the systemic failures and past impunity in relation to the cases under review; and the government immediately provide necessary financial resources to the COI. IIGEP concluded that there was an "absence of political and institutional will on the part of the government to pursue with vigor the cases under review." ¶3. (C) The COI's response, although cordial in tone, rejected IIGEP's findings that its proceedings lack transparency and do not meet international norms and standards. It provided a detailed rebuttal to IIGEP's criticisms and claimed that IIGEP's comments relate only to the investigation stage of the COI and not to the inquiry stage, which has just recently begun. The Attorney General's response was more civil than some past responses, but still largely defensive. He accused IIGEP of exceeding its mandate by commenting on the functioning of Sri Lankan agencies and institutions other than the COI, the prevailing human rights situation in Sri Lankan, and the status of legislation and law enforcement. The AG claimed the EPs misunderstood their mandate, were not willing to be present consistently in Sri Lanka to observe the work of the COI, and developed an "acrimonious attitude" toward "those who attempted to COLOMBO 00000409 002 OF 004 DCM Hosts IIGEP Wrap-Up Meeting -------------- ¶4. (C) On April 17, DCM hosted a meeting of representatives of the IIGEP donor countries and IIGEP Assistants for a final read-out of activities and to discuss the details of dismantling the IIGEP Secretariat: -- Archives: IIGEP Coordinator Cees Hindriks reported that IIGEP's archives will be held at the Sydney Center for International Law at Sydney University. Original paper copies of correspondence will be held there as well as a controlled access database with witness testimony and other case information. Each donor will receive a copy. The COI's original materials will be returned. The GSL will have access to the database in Sydney, but not to information from at-risk witnesses. Once those witnesses are safe, the GSL will be allowed access to their testimony. -- Video Testimony: IIGEP Assistant Dana Urban reported that Sri Lanka's first ever video testimony was given at the COI on March 13. Four others testified over the next 5 days. Their testimony revealed that: - None of the young men killed in the Trinco 5 case had ties to the LTTE. - All were wounded by a grenade thrown at them in the High Security Zone. - The STF then came to the crime scene and shot them with automatic weapons. - The actions of the attackers were planned and deliberate. - The victims and their families were threatened and harassed following the incident. - One victim's father was contacted directly by Human Rights Minister Mahinda Samarasinghe who acknowledged the STF's involvement, warned the father not to provide information to foreigners, and offered to move the family to Colombo. - The investigating officers assigned to this case knew from the beginning that the STF were responsible. In light of the value of this type of testimony, Urban requested that donor countries consider funding the costs of the video testimony if IIGEP's remaining funds run out before the testimonies are complete. (Note: Post is not requesting funds for this purpose at this time.) -- Civil Society: Urban reported that, in anticipation of their departure, IIGEP has strongly encouraged Sri Lankan civil society groups to step up and get involved in the COI process. On IIGEP's recommendation, several have applied for and been granted full standing within the COI, giving them the ability to participate in the public inquiries. Urban emphasized the need for witnesses to have legal counsel and encouraged the donor countries to support the efforts of civil society groups to provide this legal assistance. The European Commission and the Netherlands Embassy expressed willingness to help with these expenses. -- Contacting At-Risk Witnesses: Canada will serve as the contact point for the GSL to access out-of-country witnesses. The details are still being finalized, but Canada will essentially contact host country witness protection agencies on behalf of the GSL and let those agencies arrange for contact between the witnesses and the GSL. COLOMBO 00000409 003 OF 004 --Wrap-Up Reports: IIGEP Assistants Savage, Urban and Barker will work with IOM to prepare a substantive annex to IOM's end-of-project report outlining what IIGEP accomplished. The report will be available mid-July. Farewell Press Conference -------------- ¶5. (U) IIGEP Chairman P.N. Bhagwati (India),and EPs Sir Nigel Rodley (UK) and Professor Yozo Yokota (Japan) held a media event on April 22, in which they summarized their work and the realities that led IIGEP to conclude its 13-month mission. They covered little new ground, emphasizing that they were commenting only on the functioning of the Commission of Inquiry, not on the facts of the cases under investigation or the Sri Lankan human rights situation in general. They stressed that their panel was not a substitute for international human rights monitors, but specifically refrained from calling for such a mission. The EPs generally took a low-key approach and appeared to be intent on defusing the Attorney General,s accusations that the IIGEP had become part of a "sinister international conspiracy" to tarnish the image of Sri Lanka. The EPs failed to rise to the bait of local, Indian, and international media representatives who sought to elicit provocative comments. IIGEP Makes Farewell Call on President -------------- ¶6. (C) IIGEP Chairman Bhagwati and EPs Rodley and Yokota called on President Rajapaksa on April 22 to present IIGEP's final report. Rodley described the President's tone during the two-hour meeting as "angry and confrontational." The President was most upset over the IIGEP's conclusion that the GSL lacks the political will required to obtain justice in the cases being heard by the COI. He complained that the statement "damaged me politically." Rodley and IIGEP Assistant David Savage reported that no new ground was covered in the meeting. Human Rights Minister Mahinda Samarasinghe, also present, told the EPs that the GSL would prove them wrong on the issue of political will. Rodley replied that everyone hoped that would be the case. Rodley commented to DCM that if he were to write his own report on the GSL's approach to the human rights situation he would title it "State of Denial." Assistants Extended Visas Denied -------------- ¶7. (C) On March 7, IIGEP wrote to the Ministry of Foreign Affairs requesting extended visas for three of the IIGEP Assistants so they could tend to the closure of the IIGEP offices, supervise translations, return documents and material to the COI, and transfer office equipment to various Sri Lankan organizations. They also planned to establish archives of IIGEP's work, prepare a final report for donors, and establish protocols on how to contact at-risk witnesses after IIGEP is gone. On April 18, however, IIGEP received a letter from the hief of Protocol stating that the visas for the assistants would end on May 14, that they must leave Sri Lanka on or before that date, and that no further requests for extensions of their visas will be considered. The assistants are now considering the possibility of completing these tasks in Bangkok. Thank You to Gene Dewey -------------- ¶8. (U) Post would like to express its deep appreciation for the exemplary work of U.S. Eminent Person (and former PRM Assistant Secretary) Arthur "Gene" Dewey. Dewey was regarded by many as the most balanced and effective of the eminent persons, and provided valuable leadership to the group. His COLOMBO 00000409 004 OF 004 professionalism and sound judgment proved crucial to resolving sensitive disputes with both the COI and the GSL. His efforts to achieve progress deserve the highest praise. Post recommends that A/S Boucher send a letter to Dewey to thank him for his service. Post would be pleased to provide a draft if that would be helpful. ¶9. (C) COMMENT: IIGEP's members should be proud of what they were able to accomplish. Although none of the cases were resolved within the allocated timeframe, IIGEP was able to collect ample evidence and testimony on several of the cases to establish, with near-certainty, those responsible. IIGEP's efforts to relocate at-risk witnesses abroad made it possible for them to share their testimony. IIGEP's facilitation of Sri Lanka's first-ever video testimony nudged Sri Lanka's criminal justice system forward into the twenty-first century. Even IIGEP's withdrawal should be seen as productive. IIGEP's decision to withdraw has prevented the GSL from using IIGEP as a cover for real corrective action on human rights. It also has motivated the GSL to pursue these high-profile cases and ensure some success for the COI, even if only to prove the international community wrong. IIGEP's determined efforts have created an environment where hope remains that this COI, unlike most other Commissions of Inquiry in Sri Lanka's history since independence, will achieve at least some part of its mandate. Post will continue to follow the COI's hearings and report any progress septel. BLAKE