''In
conclusion, we would like to express our concern also for the fact that so far
the Commission has not provided any information concerning the follow up of the
hearings to verify and document the disappearances cases. We would like to know
which means have been allocated to the Commission for this purpose and the
timeline of the process. Based on our observation, during the hearings in
Kilinochchi only a minimum percentage of the disappearances cases – less than
150 – submitted to the Commission could be heard.''
The
Secretary,
Presidential
Commission to Inquire into the
Complaints
regarding Missing Persons,
9/9,
Suranimala Place,
Colombo 06
Dear
Sir,
Hearings
of the Commission to Inquire into the Complaints regarding Missing Persons
We are thankful to the members of
the Presidential Commission and His Excellency President Mahinda Rajapakse for (trying
to address the grievances of the family’s
members of disappeared persons, through appointing a Commission to take all possible measures to ensure their
fate is known and their families informed.
Nevertheless,
we should bring to your attention that a number of concerns previously raised by Us and various groups have not been yet properly addressed. In
particular, we remind you our request to broaden the Commission’s mandate in
order to investigate disappearances throughout the whole of Sri Lanka and not
only in the period comprised between 1990-2009; to invite the UN Working Group
on Enforced and Involuntary Disappearances; to allocate adequate funds and
means to the commissioners to fulfill their mandate (and to enact a legislation on witnesses and
victims protections.
In
addition to this, we would like to bring to your attention our observations and
related concerns for the ongoing proceeding after the first round of hearings
in Kilinochchi on January 18-21, as well as for the unclear process that took
place in parallel in the same district to issue death certificates and pay reparations
to family members of enforcedly disappeared and missing persons.
In
particular, the Collective of the Families of the Disappeared Persons would
like to draw your attention to the following facts:
1. We
observed that starting from November 2013 military personnel alleging to
represent the Commission have gathered data from family members of disappeared,
registered them, and requested them to sign English forms, which they did despite
not understanding the content of the document. The Commission should ensure
that military personnel are not involved at all in the process, whereas civilian
officials such as the Grama Sevaka should be employed in this role and
trained how to provide families with the necessary information. Since military
personnel are now privy to details of family members of the disappeared, it
would be essential to provide family members with a framework of witness
protection, considering that the same military personnel may have been involved
in enforced disappearances.
2. We
were informed that the representatives of the Legal Aid
Commission were not granted the access to the hearings, despite being
officially invited by the Commission itself. Officials who identified
themselves as representatives of the Ministery of Defense prevented the L.A.C.
from observing the process from January 19 onwards. We
call upon the Commissioners to uphold the independence of the process and be
the sole authority in relation to the decision making.
3. The
Commission did not clarify and communicated the criteria adopted to select
which cases have to appear before the Commission and in priority order of
priority. We warmly suggest to make clear on which basis the cases have been
chosen and to establish and made public a timeline for the hearings of all
cases.
4. We
observed that State counsels from the Attorney General’s Department assisting
the commissioners in compiling data provided by family members. (We also know
if the commission decides to take any leagel action through Habeas Corpus, It is the same AG’s
department appears against the petitioner ( Family member ) on behalf of the
Government.. This is giving rise to a conflict of interest situation harmful to
due process of justice. For this reason, we recommend that the Commission in
future will employ only officials that can adhere to their duty in an impartial
manner safeguarding norms of due
process.
5. We
were informed that some officials from Ministry of Defense were also present and attending the
inquiries.. If it is so it will definitely effect the petitioners.. They should
be not involved in any activity of the commission.
6. We
observed that at the hearings the Commission did not dispose of an adequate
number of Tamil speaking officials, and therefore had to appeal to impromptu
interpreters, which affected the information gathering process. In particular,
we noticed that: their number was
inadequate; they were providing only summary interpretations, incomplete and
inaccurate; they preempted answers to questions; they even argued with complainants
and were often hostile with testifying family members. Furthermore, the testimonies
have been systematically transcribed in English preventing the families from
checking the recorded information.
In regard
to the process that took place in parallel to issue death certificates and pay
reparations to family members of enforcedly disappeared and missing persons, we
would like to draw your attention on the following facts:
We
observed that on January 13 and 17 family members of disappeared persons from
Kilinochchi district were visited in their homes by officials alleging to
represent the Commission. These officials requested and recorded the personal
information of their disappearances’ cases. Later on, those families were
summoned on January 20 to the Harmony Centre in Kilinochchi Town,
where they were escorted in military busses by police officers. There they met
representatives of the Ministry of Economic Development; Ministry of Child Development
and Women’s Affairs; Ministry of Social Services; Rehabilitation of Persons,
Properties and Industries Authority; Samurdhi Authority; Department of Labor; the
Department for Registration of Persons. The family members were informed that
they would be offered compensation for their missing or disappeared relatives.
They were requested to fill in another form provided by the Rehabilitation of
Persons, Properties and Industries Authority, in order to obtain amounts
ranging from Rs. 100,000 to 300,000 based on each individual case. According to
our information, only nine families accepted to sign the form and got the
compensation along with a death certificate. On the very same day, these family
members were transferred to Iranamadu, Kilinochchi district, to attend a
ceremony officiated by Member of Parliament for the Hambanthota District Hon.
Namal Rajapakse, and Sri Lanka Freedom Party organizer for the Killinochchi
District Ms. Geethanjali Naguleswaran. During the ceremony of the family
members were given a cheque of Rs. 100,000 each.
We would
like to know if the Commission was aware of this process, and whether it comes
under the mandate of the Commission itself. No official information was
provided to the public, and we would like to question the legal framework of
the Harmony Centre process.
In
conclusion, we would like to express our concern also for the fact that so far
the Commission has not provided any information concerning the follow up of the
hearings to verify and document the disappearances cases. We would like to know
which means have been allocated to the Commission for this purpose and the
timeline of the process. Based on our observation, during the hearings in
Kilinochchi only a minimum percentage of the disappearances cases – less than
150 – submitted to the Commission could be heard.
Family
members of disappeared persons, associations of family members, and civil
society organizations are willing to work with the Commission to document the
truth and address their grievances only if it is done according to
international standards.
Yours faithfully,
Signed – K.J. Brito Fernando
Collective of the Families of the Disappeared
Persons,
555, Negombo
Road,
Kurana-Katunayake
Copy: His Excellency Mahinda
Rajapakse, The President of the Democratic Republic of Sri Lanka
