Identifier
Created
Classification
Origin
08COLOMBO551
2008-06-05 11:12:00
CONFIDENTIAL
Embassy Colombo
Cable title:
SRI LANKA: GOVERNMENT BLOCKS VIDEO TESTIMONY TO
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C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 000551
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/05/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT BLOCKS VIDEO TESTIMONY TO
THE COMMISSION OF INQUIRY
REF: COLOMBO 493
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4 (b,d).
C O N F I D E N T I A L SECTION 01 OF 03 COLOMBO 000551
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/05/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT BLOCKS VIDEO TESTIMONY TO
THE COMMISSION OF INQUIRY
REF: COLOMBO 493
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4 (b,d).
1. (C) SUMMARY: The Presidential Secretariat has directed
the Commission of Inquiry to suspend all further hearing of
video testimony from protected witnesses abroad in the cases
of five Tamil students slain in January 2006 in Trincomalee
and the massacre of 17 humanitarian workers of the French NGO
ACF in August 2006 in Muttur. The government's position is
that all such testimony should await the passage of witness
protection legislation to be introduced this week in
Parliament in order that the testimony could later be
admissible in criminal proceedings. One provision of the law
is that government representatives must be present at foreign
locations where witnesses are giving testimony. The
consensus of some of the Commissioners, the former witness
protection experts for the International Independent Group of
Eminent Persons (IIGEP) and Western missions in Colombo is
that this provision could effectively end the Commission's
work. However, repeated demarches at the most senior levels
of the GSL by several Ambassadors have not succeeded in
modifying the GSL's stance. Following instructions from SCA
and L, Embassy will join other donors in instructing the
former IIGEP experts through the responsible contractor for
the IIGEP project, IOM, not to continue working on possible
video testimony until these issues are clarified. Former
IIGEP staff will continue to work on such close-out
activities as archiving and an internal "lessons learned"
report. End summary.
Government Puts Video Testimony on Hold
--------------
2. (C) Local press reported on June 3 that the Presidential
Secretariat has ordered the suspension of all video
conference testimony to the Commission of Inquiry (COI) until
the passage of the new witness protection and victim
assistance bill by Parliament, which may occur as early as
the week of June 9. Video conference testimony to the
Commission had been scheduled to resume on June 4, despite
the GSL's decision not to provide funding for the local costs
of the video testimony. The COI informed donors and IIGEP
assistants on May 30 that they wished to proceed with the
video testimony and had decided to "self-fund" the local
costs. (Note: It is unclear whether they obtained money from
another source or planned to cover their costs from personal
funds.) However, the COI's Secretary (not a Commissioner,
but a COI staff person appointed at the recommendation of the
Attorney General's office) informed the GSL of this decision,
prompting the order to suspend videconferencing. IIGEP
assistant David Savage confirmed that COI Chairman Udalagama
told him the Presidential Secretariat has ordered the COI not
to hear any more video testimony until after the legislation
is passed.
3. (C) The pending witness protection legislation, once
passed, may effectively end all testimony from witnesses
outside the country because it requires that a repr
SIPDIS
DEPARTMENT FOR SCA/INS
E.O. 12958: DECL: 06/05/2018
TAGS: PGOV PREL PTER PHUM MOPS CE
SUBJECT: SRI LANKA: GOVERNMENT BLOCKS VIDEO TESTIMONY TO
THE COMMISSION OF INQUIRY
REF: COLOMBO 493
Classified By: Charge d'Affaires James R. Moore, for reasons 1.4 (b,d).
1. (C) SUMMARY: The Presidential Secretariat has directed
the Commission of Inquiry to suspend all further hearing of
video testimony from protected witnesses abroad in the cases
of five Tamil students slain in January 2006 in Trincomalee
and the massacre of 17 humanitarian workers of the French NGO
ACF in August 2006 in Muttur. The government's position is
that all such testimony should await the passage of witness
protection legislation to be introduced this week in
Parliament in order that the testimony could later be
admissible in criminal proceedings. One provision of the law
is that government representatives must be present at foreign
locations where witnesses are giving testimony. The
consensus of some of the Commissioners, the former witness
protection experts for the International Independent Group of
Eminent Persons (IIGEP) and Western missions in Colombo is
that this provision could effectively end the Commission's
work. However, repeated demarches at the most senior levels
of the GSL by several Ambassadors have not succeeded in
modifying the GSL's stance. Following instructions from SCA
and L, Embassy will join other donors in instructing the
former IIGEP experts through the responsible contractor for
the IIGEP project, IOM, not to continue working on possible
video testimony until these issues are clarified. Former
IIGEP staff will continue to work on such close-out
activities as archiving and an internal "lessons learned"
report. End summary.
Government Puts Video Testimony on Hold
--------------
2. (C) Local press reported on June 3 that the Presidential
Secretariat has ordered the suspension of all video
conference testimony to the Commission of Inquiry (COI) until
the passage of the new witness protection and victim
assistance bill by Parliament, which may occur as early as
the week of June 9. Video conference testimony to the
Commission had been scheduled to resume on June 4, despite
the GSL's decision not to provide funding for the local costs
of the video testimony. The COI informed donors and IIGEP
assistants on May 30 that they wished to proceed with the
video testimony and had decided to "self-fund" the local
costs. (Note: It is unclear whether they obtained money from
another source or planned to cover their costs from personal
funds.) However, the COI's Secretary (not a Commissioner,
but a COI staff person appointed at the recommendation of the
Attorney General's office) informed the GSL of this decision,
prompting the order to suspend videconferencing. IIGEP
assistant David Savage confirmed that COI Chairman Udalagama
told him the Presidential Secretariat has ordered the COI not
to hear any more video testimony until after the legislation
is passed.
3. (C) The pending witness protection legislation, once
passed, may effectively end all testimony from witnesses
outside the country because it requires that a repr