PRESS RELEASE
Clarification by Paranagama Commission
The Paranagama Commission felt it appropriate to add what has set out here to the already existing question No: 06 under the subject – Did the Paranagama Commission recommend a domestic or foreign process for accountability?
In view of an apparent misinterpretation of the Paranagama Commission’s second Mandate Report on the issue of Accountability, the Commission would like to put the matter beyond doubt as to the nature of its recommendation at Paragraph 625 of the Report.
International Customary Law comprises what States do and what actions States take. Therefore, in order to deal with an accountability mechanism suitable to Sri Lanka, it was incumbent upon the Commission to embark upon a review of measures taken in other countries before proposing a specific mechanism for Sri Lanka. At Paragraph 616 of the Paranagama Report, the Commission deals with a hybrid court in the Gambia, who took on judges from the Commonwealth.
In Paragraph 616 of the Report,
The Commission says “In the event Sri Lanka was to set up a purely domestic tribunal without the participation of any foreign judges, it is the view of the Commission, that there should be international technical assistance and observers”.
International technical assistance does not equal foreign judges sitting in judgement over Sri Lankan citizens.
At paragraph 625 under the heading, “A proposed Mechanism”, the Commission goes on to set out a mechanism without reference to foreign judges, foreign investigators or foreign prosecutors.
The actual process of a trial is dealt with at paragraph 625.V. (d), where the trial process is set out as follows,
“The matter will proceed in the same way as any other criminal trial within the jurisdiction of Sri Lanka”.
Thus, there is no reference to a foreign judge component.
There is Latin legal maxim “Expressio unius est exclusion alterius” meaning the express mention of a thing, person or method implies the exclusion of all others.
Maxwell Paranagama
Chairman of the Commission.
Please click to the following link to read;
PARANAGAMA REPORT – Second Mandate:
FAQ of SECOND MANDATE:
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