Poor Record of National- Level Commissions Inquiry

Following is an extract from the statement by Professor Philip Alston, Special Rapporteur on extrajudicial,summary or arbitrary executions, United Nations Human Rights Council, Geneva, 3 June 2010.

by Prof.Philip Alston, Special Rapporteur

(June 06, Geneva, Sri Lanka Guardian) “ In 2008 my annual report addressed the issue of commissions of inquiry established by states to investigate grave instances of alleged extrajudicial executions. I observed that “[t]he duty arising under international human rights law to respect and protect life imposes an obligation upon Governments to hold an independent inquiry into deaths” in such circumstances.I then recalled many instances in which national-level commissions had been established, but which had in fact resulted in comprehensive impunity. Overall, the track record of such inquiries is remarkably poor.

This conclusion, based on careful empirical analysis, indicates that the international community will often need to insist that an international inquiry takes place where particularly serious allegations are made and where domestic practice has been unconvincing. To assert in such circumstances that matters should be left entirely to a domestic inquiry will generally be tantamount to an abdication on the part of the international community. Let me cite two examples. The first concerns the attack on the humanitarian flotilla off Gaza. I believe that there is a compelling need for an objective and impartial international investigation to ascertain the facts and make recommendations. The second concerns the allegations that as many as 30,000 persons were killed in Sri Lanka in the closing months of the conflict and that grave violations of human rights and humanitarian law were committed. In this case also there is a need for an independent international inquiry. While the Council rejected this proposal a year ago, there is now a great deal of new evidence which would warrant effective action.