Global Phenomenon Addressed: Open Letter to President on the conduct of Sir Desmond de Silva

Thursday, August 6, 2015

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

- 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