Open Letter to President on the conduct of Sir Desmond de Silva

• by Groundviews 
• - on 08/04/2015 
• • 
    

  • • 04th August, 2015
      His Excellency Maithripala Sirisena,
      President of Sri Lanka

      Your Excellency,

      We the undersigned members of Sri Lankan civil society write to you pursuant to credible information made available to us that the Bar Standards Board of the United Kingdom has decided to initiate a formal investigation into the conduct of Sir Desmond de Silva with respect to his role in Sri Lanka. This investigation commenced on 20 July 2015.

      In this respect, we unreservedly condemn your government's continued retention of the Advisory Panel of international lawyers hired by the Rajapaksa government to defend its record. This Panel has further discredited a Commission of Inquiry that has failed to earn the confidence of victims and overburdened it with a mandate that was meant to address the overwhelming cases of missing persons from across Sri Lanka, raising serious questions about the willingness of the government to address the issue of enforced disappearances. We were therefore shocked that your government – several Ministers of which were in the past scathingly critical of the lack of independence of these lawyers and the astronomical fees paid to them – has continued to retain the Advisory Panel chaired by Sir Desmond de Silva.

      We understand that Sir Desmond was – prior to being appointed to the Advisory Panel – retained by the Rajapaksa government to provide advice concerning, among others, that government's own responsibility for international crimes. Upon producing a written opinion to the Rajapaksa government, Sir Desmond was appointed thereafter to chair the Advisory Panel.

      Despite this, your government continues to retain him as an advisor to a Commission supposed to provide answers to deeply anguished victims. Your government's continuation of Rajapaksa administration policies is dangerous and utterly incompatible with a stated commitment to the rule of law and good governance. Sir Desmond's continued role as Chairman of the Advisory Panel is simply untenable in light of a pending formal investigation being conducted against him by the Bar Standards Board. In light of these serious concerns, we urge you to rescind Sir Desmond's appointment forthwith and to take steps to ensure the independence and integrity of state institutions.

      CC:      Hon. Prime Minister

      Hon. Minister of External Affairs
      Sir Desmond de Silva
      Mr. Maxwell Paranagama
      Mr. Zeid Ra'ad al Hussein – UN High Commissioner for Human Rights
      Mr. Pablo de Grieff – United Nations Special Rapporteur on Truth, Justice, Reparations and Guarantees of Non-Recurrence

      Signatures:

      Individuals

      1. Ameer M. Faaiz – Attorney-at-law
      2. Anthony Jesudasan
      3. Aruni Jayakody
      4. Gowthaman – Attorney-at-law
      5. Bhavani Fonseka – Attorney-at-law
      6. Bishop Duleep de Chickera
      7. Bishop Kumara Illangasinghe
      8. Brito Fernando
      9. Damaris Wickremesekera
      10. A.C. Visvalingam
      11. Paikiasothy Saravanamuttu
      12. Philip Setunga
      13. Selvy Thiruchandran
      14. Gajen Mahendra
      15. Gamini Jayaweera
      16. Gamini Viyangoda – Writer & Journalist
      17. Godfrey Yogarajah
      18. Isabelle Lassee
      19. Aingkaran – HRD & Attorney-at-law
      20. S. Ratnavale – Attorney-at-law
      21. Kusal Perera – Journalist
      22. Marisa de Silva
      23. Nalini Ratnarajah
      24. Nichola Emmanuel
      25. Niran Anketell – Attorney-at-law
      26. Arjuna Aluwihare
      27. Jayantha Seneviratne – University of Kelaniya
      28. Savitri Gunesekera
      29. Pulasthi Hewamanna
      30. M.B Senanayake – Retired CCS
      31. Fr. Jeyabalan Croos
      32. Fr. V. Yogeswaran
      33. Rosanna Flamer
      34. Ruki Fernando
      35. Sampath Samarakoon
      36. Shreen Abdul Saroor
      37. Udaya Kalupathirana
      38. Vijaya

      Organisations 

      39. Centre for Human Rights and Development (CHRD)
      40. Centre for Policy Alternatives (CPA)
      41. Centre for Promotion and Protection of Human Rights (CPPHR), Trincomalee
      42. Committee for Democracy and Justice
      43. Equal Ground
      44. INFORM Human Rights Documentation Centre
      45. Kandy Citizens Front
      46. Religious Liberty Commission
      47. Resource Center for Community Groups
      48. Right to Life (R2L) Human Rights Centre
      49. South Asian Centre for Legal Studies
      50. World Evangelical Alliance

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