Co-cabinet spokesperson Minister Dr. Rajitha Senaratne yesterday, reiterated that the government would stand firm on its decision of not appointing any foreign judges to any Special Court which would hear crimes which occurred during the war.
The Consultation Task Force on Reconciliation Mechanisms in its final report launched on Tuesday, however recommended that an Office of the Special Counsel and Special Court be set up with the appointment of international judges. They further recommended that there should be “International technical involvement in the Office of the Missing Persons, including foreign personnel, specifically with regard to forensics.”
“Bearing in mind the need should be for active international participation from judges to the Office of the Special Counsel, investigators and staff, the selection criteria for the appointment of national and international judges to be set out by the Constitutional Council in consultation with professionals and civil society organisations and in the case of internationals, with the Office of the UN High Commissioner for Human Rights as well. In both instances, appointments would be made by the President, while the criteria should be made public,” further stated the report.
The TNA too has called for foreign judges to be appointed to prosecute allegations of war crimes, citing the recent jury verdict in the murder of former TNA MP Nadarajah Raviraj, where all suspects were acquitted.
“It is not only the TNA, even I have questions about that judgement and even the Attorney General has appealed against it. This shows that our system does work and we don’t need foreign judges,” said Minister Senaratne, when he addressed the weekly Cabinet briefing at the Government Information Department. The minister also stressed that though the recommendation came from a government appointed committee, the final decision on the matter would be made by the government, “Committees can recommend many things, it does not mean that we have to abide by it,” he said.