US war crimes report raises concern on the impartiality of Sri Lanka's Reconciliation Commission members

A report submitted by the State Department's Office of War Crimes Issues to the United States Congress on Sri Lanka's conflict has raised concerns on the independence and impartiality of the members of the Lessons Learnt and Reconciliation Commission (LLRC) which held its first sitting on Wednesday.


The Office of War Crimes yesterday submitted a report to the Congress on 'Measures Taken by the Government of Sri Lanka and International Bodies to Investigate Incidents during the Recent Conflict in Sri Lanka, and Evaluating the Effectiveness of Such Efforts'.
The latest report is a supplement to an earlier report submitted by the Secretary of State to the Congress on October 21, 2009.
Yesterday's report says that since the release of the last year's report the principal measures the Sri Lankan government has taken to investigate incidents of alleged violations of international law have been the appointment of two commissions, the "Group of Eminent Persons" and the "Commission on Lessons Learnt and Reconciliation" (LLRC).
While dismissing the independent commission of eminent persons appointed by Sri Lankan President saying that it did not produce any discernible results and it was ineffective, the Office of War Crimes questioned the independence and impartiality of some members of the LLRC.
The report especially pointed out the chairman of the LLRC, the former Attorney General C.R. de Silva who served in that capacity during the 2006 Commission of Inquiry appointed by the President to investigate 16 cases of alleged human right violations.
"His relationship to the government and his involvement in the failure of the previous commission, which also sought to investigate incidents of alleged government involvement in violations by security forces, could compromise the independence and impartiality of the LLRC," the War Crimes Office concluded.
The report said the State Department will continue to evaluate whether the LLRC is acting in accordance with best practices derived from broad experience as well as utilizing its powers as described in the Special Presidential Commissions of Inquiry Law of 1978.
The Report listed several specific benchmarks for the commission associated with such an evaluation may include, namely independence and competence, adequate mandate and authority, witness protection, adequate resources, issuing a public report on the findings and the government's response to the Commission's recommendations.
The LLRC commenced its public hearings Wednesday (11) calling witnesses to testify. The hearings will continue until August 25th. The Commission is expected to submit its report to President Rajapaksa in November.


Read Full Report