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Background
All cases referred to the CoI for investigation and inquiry have been investigated by the area Police and / or the Criminal Investigation Department of the Police and relevant reports filed in Court.
Due to ongoing operations of the Armed Forces, or terrorist activity or civilian demonstrations in certain areas, conduct of proper investigations may have been hampered in some instances.
Hence there is a need to examine the adequacy of investigations done earlier. |
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International Practice
In order to conform to international norms and standards, investigations into human rights violations, in particular have to satisfy the following conditions:
Investigations have to be conducted by Independent Investigators, other than those involved earlier.
- Victims and Witnesses have to be assured and afforded protection and assistance.
- Civil society and non governmental organizations should be consulted in the process of investigation.
- Investigations should take into account all sources of information such as statements of victims and witnesses, medical reports; police investigation files; court files; media reports; information from NGOs, etc.
- Investigators should be provided with expert assistance of independent professionals other than those involved earlier , in areas of forensic medicine, ballistics, etc.
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Steps taken by CoI
- Appointment of teams of investigators consisting of carefully selected Police Officers to function under the directions of the CoI.
- Counselling of Victims and Witnesses by specially selected Police Officers, Counsellors, Psychologists, etc before they are allowed access to Investigators who will question them in their presence and providing assistance and protection to them under a scheme formulated by the Commission.
- Appointment of a Panel of Experts other than those who took part in earlier examinations, to assist Investigators.
- Preparation of plans of investigation for approval by the CoI prior to commencement of investigations.
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Mandate, Structure & Rules of Procedure |
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(Adopted on 27/03/2007 and 08/05/2007)
Whereas, Rule 1.4 of the Organizational Structure and Rules of Procedure of the
Commission of Inquiry provides as follows :
The Commission of Inquiry shall have a Panel of Investigators. The Panel of Investigators shall be headed by a Chief Investigator. The Investigators shall be Police Officers. The Panel of Investigators shall be appointed by the Commission selected in consultation with the Inspector General of Police. The Chief Investigator shall be appointed by the Commission and shall be responsible for the overall management of the Panel of Investigators. The Investigators will function under the supervision and direction of the Commission. Investigating Officers will be released by the Police Department on a full time basis to work for the Commission. It shall be the responsibility of the Panel of Investigators to conduct investigations into incidents referred to the Panel by the Commission.
And Whereas, the Commission of Inquiry has decided that the Panel of Investigators shall function within the framework of a organizational structure named the ‘Investigation Unit’,
And Whereas, on the 21st day of February 2007, the Commission of Inquiry appointed a Sub-Committee of the Commission to consider and develop the mandate, organizational structure and the rules of procedure of the ‘Investigation Unit’ of the Commission of Inquiry,
And Whereas, the said Sub-Committee met on several occasions and considered matters relevant to the establishment of the said Unit, including the need to ensure that the investigational findings and other material collected by the Investigation Unit could be used for the conduct of inquiries.
And Whereas, the said Sub-Committee took into consideration the nature and the scale of the human and material resources that would be necessary for the proper functioning of the Investigation Unit and other matters relevant thereto ,
And Whereas, on the16th day of March 2007, the afore-stated Sub Committee presented its proposals to the Commission of Inquiry pertaining to the Mandate, Organizational Structure and the Rules of Procedure of the Investigation Unit of the Commission of Inquiry,
And on the 23rd day of March 2007, the Commission of Inquiry having considered the proposals of the afore-stated Sub Committee, adopted this document as being the Mandate, Organizational Structure and the Rules of Procedure of the Investigation Unit. |
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1 |
Composition of the Investigation Unit
The Investigation Unit of the Commission of Inquiry, shall comprise of the Chief Investigator and the Panel of Investigators appointed by the Commission of Inquiry.
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2 |
Service of the Panel of Investigators
Upon appointment, the Panel of Investigators shall be released to work for the Commission of Inquiry, and shall do so on a full-time basis.
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3 |
Chief Investigator
The Investigation Unit shall be headed by the Chief Investigator, who shall be appointed by the Commission of Inquiry. The Chief Investigator shall perform his duties and functions under the directions of the Commission of Inquiry and shall report to the Commission of Inquiry. The primary duties of the Chief Investigator shall be to plan, manage, and cause the conduct of all investigations mandated to be investigated into by the Commission of Inquiry. The Chief Investigator shall be responsible for the overall management of the Unit, which shall include the assignment of functions, duties and responsibilities to the Panel of Investigators and administrative and personnel management of the Panel of Investigators.
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4 |
Conduct of Investigation
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4.1 |
The Chief Investigator and the Panel of Investigators shall conduct investigations only into matters directed to be investigated into by the Commission of Inquiry, and the conduct of such investigations shall be done independently, impartially and comprehensively.
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4.2 |
At all times, the Chief Investigator and the Panel of Investigators shall conduct investigations in accordance with the relevant laws of Sri Lanka. Investigations conducted by the Unit shall be in conformity with relevant international norms and standards.
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4.3 |
The Chief Investigator and the Panel of Investigators shall conduct investigations in a manner that would enable the investigational findings to be used in the conduct of inquiries by the Commission of Inquiry.
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4.4 |
Prior to the commencement of the conduct of investigations, on the advice of the Panel of Counsel, the Chief Investigator shall prepare and submit to the relevant Investigation Supervision Committee of the Commission of Inquiry, a Plan of Investigation. In the preparation of the said Plan of Investigation, the Chief Investigator shall consider investigations already conducted by the police into the relevant incident.
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4.5 |
If the course of the conduct of investigations, the Panel of Investigators require to interview and record the statements of victims and witnesses, written communication to such effect shall be submitted to the Victim and Witness Assistance and Protection Unit. The Panel of Investigators shall not approach and/or interview the such victims or witnesses, until the Victim and Witness Assistance and Protection Unit informs the Panel of Investigators that a Scheme of Assistance and Protection has been put in place in respect of the relevant victim or witness or until the Victim and Witness Assistance and Protection Unit produces such victim or witness before the Panel of Investigators.
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4.6 |
Statements shall be recorded of all persons interviewed by the Panel of Investigators. All such statements shall be recorded in the language in which the relevant person makes such statement. All such persons shall be entitled to make statements in either Sinhala, Tamil or English.
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4.7 |
If in the course of conducting investigations, the Panel of Investigators require expert opinion to be obtained from a member of the Panel of Experts or from an expert whose opinion has already been sought by the police or judicial authorities, a written request to such effect shall be presented to the relevant expert. Notification to that effect shall be made to the relevant Investigation Supervision Committee. If the expert opinion of a person who is not a member of the Panel of Investigators or whose opinion has not already been sought by the police or judicial authorities is required to be obtained, the Panel of Investigators shall make a written request to such effect to the relevant expert with the prior approval of the relevant Investigation Supervision Committee.
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4.8 |
In the conduct of investigations, the Panel of Investigators shall exercise absolute confidentiality.
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4.9 |
The Panel of Investigators shall not provide any opportunity to observe investigations, or give or share any documentation related to investigations or discuss any matter pertaining to investigations with any external agency, official or with any person who is not a Commissioner of the Commission of Inquiry or a member of the Panel of Counsel, unless with the prior approval of the relevant Investigation Supervision Committee.
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4.10 |
The Chief Investigator shall periodically report the progress of investigations to the relevant Investigation Supervision Committee with copy to the Panel of Counsel.
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4.11 |
Upon the completion of investigations into any incident, after obtaining the views of the relevant Investigation Supervision Committee, Head of the Unit shall under his hand, submit a report entitled the ‘Final Investigation Report’ to the Commission of Inquiry with copy to the Panel of Counsel. Such Final Investigation Report shall contain a summary of statements made by victims, witnesses, persons against whom allegations have been made, observations at the scene of crime, expert opinion, and findings & conclusions of the Panel of Investigators. Along with the said report, the Chief Investigator shall submit a certified extract of all notes of investigations to the Commission of Inquiry with copy to the Panel of Counsel.
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4.12 |
After the submission of the ‘Final Investigation Report’, the Panel of Investigators shall bring to the notice of the Investigation Supervision Committee any further investigations that may become advisable and shall conduct further investigations with the approval of such Committee.
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4.13 |
Following the completion of all investigations, the Panel of Investigators shall prepare a full dossier containing all notes of investigations, reports of experts and other material relevant to the investigation, to be submitted on the instructions of the Commission of Inquiry to the Attorney General.
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5. |
Resources
The Head of the Unit shall in writing notify the Secretary to the Commission all resources required for the effective functioning of the Unit.
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6. |
Applicability of these Rules
These rules shall be applicable subject to the relevant laws of Sri Lanka including the Commissions of Inquiry Act, and the Organizational Structure and the Rules of Procedure of the Commission of Inquiry, and future directions the Commission of Inquiry may impose.
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7. |
Amendment of the Rules
These Rules may be amended from time to time by the Commission of Inquiry.
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8. |
Notwithstanding anything to the contrary in these rules, during the course of an investigation into any incident, the Commission may directly interview and record the statement of any person for the purpose of (a) facilitating investigations by the Investigation Unit, (b) arriving at a preliminary view on facts and circumstances pertaining to any matter relevant to the incident being investigated into by the Commission, and (c) considering the nature of investigations conducted into such incident by the routine competent authorities.
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Senior Investigating Officers |
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Head of Unit
Mr. G. Navaratne, Deputy Inspector General of Police
Deputy Head of Unit
Mr. W. M. Muthubanda, Senior Superintendent of Police
Heads of Sub Units
Mr. P. Hettiarachchi, Asst. Superintendent of Police
Mr. Palitha Ratnatilleke, Asst. Superintendent of Police
Mr. Sanjeewa Medawatte, Asst. Superintendent of Police
Investigating Officers
Mr. W.A. Jayantha, Inspector
Mr. S. A. Wimalanatha Pillai, Sub Inspector
Mr. K. G. Susil, Sub Inspector
Mr.
B. L. P. Wijetilleke, Sub Inspector
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