Judge Jean-Pierre Cot - France
Emeritus Professor, University of Paris, Ex-Minister and Judge

Mission Statement

In upholding International norms and standards, IIGEP will faithfully and efficaciously monitor and observe the work of the Presidential Commission of Inquiry with the utmost professionalism, integrity and transparency. IIGEP will regularly inform His Excellency the President of Sri Lanka and stakeholders, both nationally and internationally of the progress of the Commission of Inquiry. IIGEP will impartially identify areas of concern in the investigation and inquiry process and bring them to the notice of all relevant parties, with the ultimate intention that our efforts, conclusions and recommendations will make a positive contribution to the reduction of human rights violations in Sri Lanka.

Introduction
Certain allegations have been made regarding the commission of serious violations of human rights in Sri Lanka. Accordingly, pursuant to the powers vested in him under the Commissions of Inquiry Act 1948, the President has decided that a comprehensive and independent investigation and inquiry into those allegations that have occurred since 1 August 2005 as set forth in the Schedule to his Presidential Warrant of 13 November 2006, is necessary in the public interest.  In doing so, the President is of the opinion that such an investigation and inquiry would prevent such occurrences in the future and would facilitate and enable the initiation of appropriate legal action, including the institution of criminal proceedings and prosecution of those persons who may have committed violations of human rights.

The President has appointed, by that Warrant, a Commission of Inquiry (hereinafter referred to as the “Commission”) to conduct the independent investigation and inquiry into these allegations and requires of them that they complete their investigations and inquiries and to report their findings and recommendations to the President within the time prescribed or permitted in the Warrant.

The President is of the opinion that the Commission should conduct its investigations and inquiries in a manner that would enable one or more persons of international repute, constituting an International Independent Group of Eminent Persons (hereinafter referred to as “IIGEP”) to observe the investigation and inquiry in order to ensure the transparency of the work of the Commission and that it is conducted in accordance with basic international norms and standards.

By Letters of Invitation dated 12 January 2007, the President has invited eleven Eminent Persons to serve as Members of IIGEP.

Though it is clear that IIGEP does not have a mandate to conduct independent investigations nor can it look beyond the cases investigated by the Commission, IIGEP has an open door policy to all persons wishing to provide information relating to serious human rights violations in Sri Lanka. IIGEP will bring any such information they receive to the attention of the Commission in a manner consistent with ensuring the protection of victims and witnesses.

• IIGEP have appointed a Coordinator from among the Assistants (see protocol 3).

• IIGEP shall have a Support Team comprising of Assistants and other support as necessary.

• The Chairman or senior representative of IIGEP shall, through the Coordinator, oversee the work of the Assistants.  The Member who is in-country will act as the senior representative.  Should more than one Member be in-country at the same time, the Member who has been in-country the longest on that occasion shall act as the senior representative.

• The Secretary to the Ministry of Justice will be the Head of the Secretariat for IIGEP (see protocol 4).

• Members of IIGEP should, whenever possible, attend meetings in-country accompanied by a member(s) of the Support Team.

Terms of Reference:
The Terms of Reference contained in the Presidential Invitation to serve as an Eminent Person, grant IIGEP the authority to:

• Observe jointly or severally the investigations and inquires conducted by the Commission, with a view to satisfying that such investigations and inquires are conducted in a transparent manner and in accordance with basic international norms and standards. This authority includes:

• Obtaining full access to all information and material to which the Commission has access, including, but not limited to, copies of the full investigation files in original languages and translations.

• Unrestricted and confidential access to witnesses known to the Commission, and to exercise that authority during and/or after witnesses are called upon to testify.

• Observe proceedings and workings of the Commission including units, panels and subcommittees formed under the authority of the Commission.

• Receive information from any third parties relating to any incident being investigated or inquired into by the Commission or other matters relevant or pertaining to the Commission. 

• Utilize independent interpreting and translating services throughout any observations where necessary.

• Bring to the attention of the Chairman of the Commission and the Attorney General, IIGEP’s requests for assistance, including requests for information and material to which the Commission has access, whether in their possession or not.

• Bring to the attention of the Chairman of the Commission, and the Attorney General, any matters which, in the opinion of IIGEP, require corrective action in order to ensure transparency and that the investigations and inquiries are in accordance with international norms and standards.

• On request of the Commission, IIGEP will provide technical or other advice to the Commission on any particular matter within the scope of its mandate.

• Report observations and recommendations to the President:

• At the completion of every 3 months, IIGEP will provide an interim report to the President containing the observations of IIGEP.

• Within 3 months of the completion of the investigations and inquiries conducted by the Commission, IIGEP will provide the President their report containing observations pertaining to the investigations and inquiries, individually or collectively, with special emphasis on whether or not, in the opinion of IIGEP, such enquiries have been conducted in accordance with international norms and standards.

• Within 3 months of receiving the Final Report of the Commission, IIGEP will report to the President, individually or collectively, their observations and comments on the Final Report of the Commission.

•  IIGEP may, before, during and after the completion of the investigations and inquiries of the Commission, release or issue in the form of public statements or other communication, IIGEP’s observations regarding the manner in which the investigations and inquiries of the Commission are or have been carried out.

• IIGEP will not divulge or release to any third party such observations without prior written notification of a minimum of 2 weeks to the Chairman of the Commission and Attorney General. 

• The Chairman of the Commission and Attorney General may only object to the release of any observation which, in the opinion of the Chairman of the Commission or Attorney General is prejudicial to ongoing investigations and inquiries or may be prejudicial to or absolutely necessary for the protection of national security and public order.

• Should the Chairman, Attorney General and IIGEP not reach agreement regarding the objection to the proposed public statement, the statement may, except when the objection is in regard to matters prejudicial to national security or public order, be made public with the objections and reasons therefore noted.

• If the Attorney General declines or refrains from instituting criminal proceedings recommended by the Commission within a reasonable period of time, IIGEP may release publicly a written statement, if they are of the opinion that the decision is unlawful or unreasonable, containing their observations regarding the decision, provided the Attorney General is given notice of the observations and sufficient time to make comments on the observations before the public release. The comments of the Attorney General are to be included in the public statement.

Protocol 2.
Delegation of Authority by Eminent Persons to Assistants and Role of Assistants
Delegation of Authority

• The Letters of Invitation state that a Member of IIGEP will be entitled to appoint an Assistant to provide assistance principally to that member and where necessary, to other Members of IIGEP.

• As IIGEP Members will not always be present in Sri Lanka, in order to guarantee that IIGEP continues to function professionally and efficiently in its important role at all times, whether a Member is physically present or not, Members of IIGEP may delegate authority to their Assistants.

• Certain Members of the IIGEP have delegated full authority to their Assistants to fully act on their behalf and perform the Members functions when that Member is not in Sri Lanka.

• Delegating Members accept full responsibility for such functions performed by the Assistants acting under such delegation. IIGEP shall notify the Chairman of Commission and Attorney General’s Department in writing of a change in his or her delegation of authority.

• Provided however, Assistants shall not be entitled to communicate with or release any material or information, received as an Assistant, to any third party.

Scope of Assistants:

• Assistants principally have a duty and loyalty to assist their nominated Eminent Person in carrying out their duties and functions and additionally to be available to assist all other Members of IIGEP.

• Assistants, who have been delegated authority to do so, perform the role and functions of their respective IIGEP Member in their absence.

Protocol 3.
Role of the Coordinator
For reasons of ensuring the effective administration and management of the IIGEP process, that the objectives of IIGEP are fulfilled, that the work of the Support Team is carried out in an efficient and resource effective manner, and so that IIGEP has a single cohesive channel for information exchange between all relevant parties, including Assistants, Members, and the Commission and to coordinate all activities of IIGEP, the Members have appointed a Coordinator.

Protocol 4.
Role of Secretariat of IIGEP
The Head of the Secretariat will ensure that IIGEP receives the required assistance, services, facilities, opportunities, resources, material and information to efficaciously perform its functions.

Protocol 5.
Gathering and Receiving Information
It is not the role of IIGEP to conduct independent or parallel investigations, Members and Assistants of IIGEP will nevertheless be available to anyone who wishes to speak or provide information which may be relevant to the inquiries and investigations being conducted by the Commission. Any such information will be recorded and stored securely.

Neither the Commission nor IIGEP are bound by the Rules of Evidence, and thus may consider hearsay evidence, information obtained through anonymous sources and testimony from individuals who appear before the Commission in camera or via technological means when they are not physically present at the time of testimony.

Protocol 6.
Providing Information to the Commission and Victim and Witness Protection
IIGEP strongly supports and encourages effective, functioning and credible witness and victim protection schemes. 

IIGEP will disclose information to the Commission to the greatest extent possible.

Where IIGEP is of the opinion that disclosure of specific information may identify a potential witness, victim or information source whose life or well being may be endangered, or where such a person may be reluctant to provide information to the Commission out of fear of harm or retribution to him/herself or others, by such disclosure, IIGEP may delay such disclosure until such time as IIGEP is satisfied that effective, functioning and credible witness protection measures are in place. In the latter case, if the source of the information insists on maintaining confidential some or all of the information, that information shall remain confidential but play no part in the considerations of the IIGEP.

Protocol 7
Protocol Review Policy
IIGEP may, after due collective consideration, vary these protocols as appropriate to ensure that the IIGEP operates according to it’s mandate but retaining operational flexibility in the expeditious performance of its duties.

Tabled on 23 March 2007

Working arrangement between the
Commission of Inquiry (CoI)
appointed to investigate and inquire into serious violations of
Human Rights which are alleged to have arisen in Sri Lanka
since 1st August 2005
and the
International Independent Group of Eminent Persons (IIGEP)
appointed to observe the investigations and inquiries
conducted by the Commission of Inquiry