TNA MP M.A. Sumanthiran has given an interview to the Virakesari, Sunday edition (Oct 11, 2015) in which he explains that the UN resolution co-sponsored and endorsed by the government will establish a hybrid court and nothing less.
MP Sumanthiran has said: “The passed resolution calls for investigation by a hybrid court. There are recommendations in OHCHR report. One of them says it has no faith in Sri Lankan courts and recommends a hybrid court. The passed resolution has some recommendations for implementation. The first of them asks the Sri Lankan government to implement the recommendations of the commissioner of OHCHR.”
According to the National List Parliamentarian the first paragraph calls for the implementation of the recommendations of the commissioner of OHCHR. The sixth para says how the court should look like.
“The resolution clearly calls for the investigation by a hybrid court into the war crimes and other human right violations. The hybrid court should have “the participation of judges, prosecutors, lawyers and other investigators from Commonwealth and other countries,” he quotes the resolution as stating.
He says, “Foreign judges will be appointed directly. It is not open to any other interpretation.”
Asked why Sri Lankan government says it is not a hybrid court, but an internal investigation, Sumanthiran responds: “the word ‘hybrid’ was not used in the resolution, but high commissioner’s recommendations underline a hybrid court and the resolution calls for the implementation of the recommendations. Sri Lankan government has accepted that and co-sponsored it. Even if you take the sixth para singly, it asks for judges, prosecutors, lawyers and other investigators from Commonwealth and other countries.
The position of the Sri Lankan government is that as the word ‘hybrid’ is not used in the resolution, it is not a hybrid court.’
Sumanthiran also says that with a simple majority in Parliament, the special court can be established.