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Joint Opp. won’t accept foreign judges, rejects Paranagama recommendation War crime probe

The Joint Opposition last evening rejected a recommendation made by the Maxwell Paranagama Commission (report on the second mandate of the Presidential Commission of Inquiry into Complaints of Abductions and Disappearances) in respect of inclusion of foreign judges in a Sri Lankan court to investigate alleged atrocities committed during the last phase of the Vanni offensive.

UPFA MP Vasudeva Nanayakkara said the Paranagama Commission had no mandate to make such a recommendation. He said that particular recommendation wasn’t acceptable under any circumstances.

The Paranagama Commission which included international experts also recommended international observers as well as international technical assistance in case the government rejected foreign judges.

Nanayakkara was responding to a query at a special media briefing held at the N. M. Perera Centre, Borella, whether the Joint Opposition accepted the Paranagama Commission established by former President Mahinda Rajapaksa.

Prof. G.L. Peiris, National Freedom Front (NFF) leader Wimal Weerawansa, LSSP leader Prof. Tissa Vitharana and UPFA MP Udaya Gammanpila endorsed MP Nanayakkara’s stand.

MP Gammanpila stressed that the authority responsible for appointing a particular Commission had the right to implement, reject or modify recommendations.

The Joint Opposition asserted that recommendations made by the Paranagama Commission shouldn’t be viewed as directives.

Nanayakkara said that they were aware of the controversial recommendation (Point number 616) made by the Paranagama Commission. The Commission recommended that Sri Lanka examine the possibility of having a Special Division of the Supreme Court on the lines of a Gambian judicial set-up comprising Gambian as well as judges from Commonwealth countries. The Paranagama Commission declared that the Gambian mechanism met both local and international concerns and therefore could be viewed with favour.

President Maithripala Sirisena extended the term of the Commission following the January 2015 presidential polls.

The Joint Opposition insisted that it opposed inclusion of foreign judges under any circumstances though foreign technical assistance was acceptable.

Prof. Peiris alleged that the government had been making an attempt to secretly proceed with the Geneva Resolution. Former External Affairs Minister Prof. Peiris pointed out that the government had shared a classified document which dealt with the formation of an 11-person Consultation Task Force with Western powers and India to supervise the implementation of the Geneva Resolution.

Prof. Peiris alleged that the Parliament hadn’t been informed of the developing situation.

The former Minister said the entire process leading to the Geneva Resolution of Oct 1 had been based on unverified allegations made by unknown persons. He said none of the accusations made by the UNSG Ban Ki- moon’s Panel of Experts had been examined in any court of law or subjected to verification process.

Prof. Peiris said the Joint Opposition considered the inclusion of foreign judges in any form inimical to Sri Lanka. “We also opposed the formation of Special Courts with or without participation of foreign judges.”

The Geneva Resolution recommended Commonwealth and other foreign judges as well as other international elements in the proposed war crimes inquiry.

Pointing out that President Sirisena and the government had taken contradictory positions on the Geneva Resolution and interpreted it differently, MP Weerawansa urged the President to reiterate his stand at a meeting with UN Human Rights chief Zeid Ra’ad Al Hussein currently in Sri Lanka.

Weerawansa said people appreciated President Sirisena’s recent declarations in exclusive interviews with the BBC and Al Jazeera that there was no need for foreign judges and the local judiciary could handle investigations.

Weerawansa said the contradictory stand taken by them had plunged the country into turmoil and the President should clarify his stand.

The NFF leader said that those SLFP members who had switched allegiance to President Sirisena after having been elected to parliament at the August parliamentary polls couldn’t remain in the UNP-SLFP coalition as the administration had succumbed to Western pressure.

Responding to a query, MP Nanayakkara said the President would certainly stand by his decision not to subject the military to foreign judges’ rulings. The MP said that the President and visiting UN human rights Chief Hussein should state their positions clearly when they met in Colombo. They couldn’t side step the issue, MP Nanayakkara said, adding that the President should be mindful that Hussein had been extremely harsh and cynical towards Sri Lanka.

Recollecting the President’s assertion that outsiders shouldn’t interfere in affairs of the Sri Lankan state, Nanayakkara said that he was really curious to know the outcome of President’s meeting with Prince Hussein.



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