The process of inquiry and investigation had fallen 'far short' of international norms and standards. And official correspondence directed to the IIGEP lacked respect and civility, it said.

In November 2006, Sri Lankan president Mahinda Rajapaksa had appointed a Commission of Inquiry to investigate 16 incidents of alleged serious violation of human rights in Sri Lanka since Aug 1, 2005.

The president subsequently invited a group of eminent persons of international standing to oversee the functioning of the COI and make recommendations for improvement. The IIGEP began functioning in February 2007.

The IIGEP said in its statement that it had more than once pointed out that the position of the Sri Lankan attorney general in the work of the COI was untenable, as there was a conflict of interest. The COI lacked an independent staff and proper funding.

Government staff at the highest levels had not cooperated with the investigations and the effect of the absence of an effective and comprehensive witness protection system was palpable.

'There is a climate of threat, direct or indirect, to the lives of anyone who might identity persons responsible for human rights violations, including those which are likely to be committed by the security forces. Civilian eyewitnesses have not come forward to the commission. Security forces' witnesses preferred to make themselves look incompetent than just telling what they know,' the statement said.

'Accordingly, it is evident that the commission is unlikely to be in a position to pursue its mandate effectively.'

'These inherent and fundamental impediments inevitably lead to the conclusion that there has been, and continues to be, a lack of political and institutional will to investigate and inquire into the cases before the commission.'

It said the IIGEP was 'therefore terminating its role in the process, not only because of the shortcomings of the commission's work, but primarily because the IIGEP identifies an institutional lack of support for the commission'.

COI chairperson Justice N.K. Udalagama said the IIGEP's unilateral decision to withdraw from the process was regrettable.

He maintained that much valuable evidence had been gathered in regard to the cases in question. If at times witnesses or documents could not be produced, it was because of some flaws in the Commission of Inquiry Act, which were cleared through an amendment to the act in February this year.

According to him, the Sri Lankan system was such that the attorney general could not be excluded from the proceedings.

Source: http://www.indiaenews.com/srilanka/20080306/102420.htm

The International Group of Eminent Persons (IIGEP) is a group of individuals nominated by international donor countries and the government of Sri Lanka, vested with a wide mandate to observe all investigations and inquiries conducted by and on behalf of the Commission of Inquiry into alleged human rights abuses in Sri Lanka. The following individuals are members of the IIGEP:

Justice P.N. Bhagwati, India – Chairman, invited by the President
Prof. Ivan Shearer, nominated by Australia
Prof. Bruce Matthews, nominated by Canada
Judge Jean-Pierre Cot ,France nominated by the European Commission
Prof. Sir Nigel Rodley, nominated by the UK
Prof. Yozo Yokota, nominated by Japan
Cees Fasseur, nominated by the Netherlands
Arthur “Gene” Dewey, nominated by USA
Mr. Marzuki Darusman, (nominated by the Inter-Parliamentary Union)
Kamal Hussein, Bangladesh (nominated by OHCHR)
Mr. Andres Mauromatis, Cyprus (nominated by GoSL)