{"id":2170,"date":"2016-03-31T14:20:28","date_gmt":"2016-03-31T08:50:28","guid":{"rendered":"http:\/\/tgte-us.org\/?p=2170"},"modified":"2018-12-04T11:56:36","modified_gmt":"2018-12-04T06:26:36","slug":"monitoring-accountability-panel-map","status":"publish","type":"post","link":"https:\/\/tgte-us.org\/?p=2170","title":{"rendered":"Monitoring Accountability Panel ( MAP)"},"content":{"rendered":"<\/a>\r\n

Sri Lanka – Expert Panel Nominated to Monitor Transitional Justice Mechanisms from Victims\u2019 Perspective : TGTE<\/h4>\r\nMonitoring Panel\r\n

COLOMBO, SRI LANKA, November 17, 2015 \/EINPresswire.com<\/a>\/ —<\/p>\r\n

The Transnational Government of Tamil Eelam (\u201cTGTE\u201d) has nominated a\r\npanel of five legal experts to monitor the design and implementation of the\r\ntransitional justice mechanisms in Sri Lanka, including the judicial measures\r\nto investigate and prosecute war crimes, crimes against humanity and\r\ngenocide (\u201cMonitoring Accountability Panel\u201d or \u201cMAP\u201d).<\/p>\r\n

Following the Report of the OHCHR Investigation on Sri Lanka, dated 16\r\nSeptember 2015, and the UN Human Rights Council Resolution on\r\n\u2018Promoting reconciliation, accountability and human rights in Sri Lanka,\u2019\r\ndated 1 October 2015, the Sri Lankan Government undertook to establish\r\naccountability mechanisms to address the crimes committed during the Sri\r\nLankan armed conflict. These will include a special criminal court with\r\nforeign judges and prosecutors.<\/p>\r\n

The MAP will provide independent monitoring, advice, and\r\nrecommendations, focusing on the effectiveness of accountability measures\r\nfrom a victims\u2019 perspective. It will also consider issues of fair trial and due\r\nprocess for suspects and accused persons. The views and recommendations of\r\nthe Panel will enable victims and other stakeholders to participate more\r\neffectively in the process and thus enhance the legitimacy of the measures.<\/p>\r\n

The MAP shall formulate its opinions independently – irrespective of party\r\npolitical considerations or the agenda of any specific group (including the\r\nTGTE) \u2013 according to the interests of fair justice, applying international\r\nstandards and best practices. The initial mandate of the Panel shall run from\r\nNovember 2015 to December 2016. Further detail of the Panel\u2019s mandate can\r\nbe found in the attached Terms of Reference.<\/p>\r\n

The Members of the Monitoring Accountability Panel have been selected for\r\ntheir legal expertise in international criminal law and human rights, national\r\nwar crimes courts, and regional criminal cases. The Panel Members (in\r\nalphabetical order) are:<\/p>\r\n

Marie Guiraud (France)\r\nPeter Haynes QC (UK)\r\nRichard J Rogers (UK)\r\nHeather Ryan (USA)\r\nJustice Ajit Prakash Shah (India)\r\nGeoffrey Robertson QC will act as a consultant to the Panel, providing\r\nadditional independent advice.<\/p>\r\n

Monitoring Accountability Panel, Members\u2019 Bios:<\/p>\r\n

Marie Guiraud (France) \u2013 Panel Member:<\/p>\r\n

Marie Guiraud, a French lawyer, has worked on human rights and\r\ninternational criminal law for fifteen years. She is currently the Civil Party\r\nLead Co-Lawyer for the victims at the UN-assisted Extraordinary Chambers\r\nin the Courts of Cambodia (ECCC). Representing the interests of nearly 4,000\r\nvictims who participate in Case 002\/02, Marie serves as the co-lead court\r\nadvocate. She has been heavily involved in the design and implementation of\r\njudicial reparations for victims of crimes under the Khmer Rouge regime.\r\nPrior to her current role, Marie worked at a major international human rights\r\norganization and then as a private lawyer in criminal litigation, both before\r\nFrench and foreign Courts: In France, she represented both defendants and\r\nvictims in complex and serious criminal cases. Abroad, Marie represented\r\nvictims of international crimes before Ivorian and Congolese Courts and was\r\na Civil Party Lawyer in case 002\/01 before the ECCC.<\/p>\r\n

Peter Haynes QC (UK) Panel Member:<\/p>\r\n

Peter Haynes QC is a British barrister with more than 30 years\u2019 experience in\r\ndomestic and international criminal courts. He currently acts as the Lead\r\nCounsel for Jean Pierre Bemba at the International Criminal Court (ICC) and\r\nis the Lead Legal Representative of Victims at the Special Tribunal for\r\nLebanon (STL). He is one of the very few practitioners who have led cases\r\nbefore the International Criminal Tribunal for the Former Yugoslavia (where\r\nhe appeared for the defence of General Vinko Pandurevic in relation to the\r\nSrebrenica massacre), the ICC and the STL. He has appeared in cases\r\ninvolving genocide, war crimes, crimes against humanity and international\r\nterrorism. He has been responsible for development of the jurisprudence,\r\npractice and procedure of the representation of victims in international \/\r\nhybrid courts. Peter regularly lectures on the functioning of international\r\ncriminal courts and, in particular, victim representation.<\/p>\r\n

Richard J Rogers (UK) \u2013 Panel Member and Secretary:<\/p>\r\n

Richard Rogers, a USA (California) and UK qualified lawyer, has 20 years\r\nexperience in international criminal law and human rights. He has held senior\r\npositions in the UN and OSCE: He was the OSCE\u2019s Chief legal system\r\nmonitor in post-conflict Kosovo, the Principal Defender at the UN\u2019s\r\nExtraordinary Chambers in the Courts of Cambodia, and the head of legal\r\nsupport for the Appeals Chamber at the UN\u2019s International Criminal Tribunal\r\nfor Yugoslavia.<\/p>\r\n

Richard is currently assisting several victim groups before the\r\nInternational Criminal Court and has worked with national war crimes courts\r\nin Bangladesh, Bosnia and Herzegovina, Croatia, Kosovo, and Uganda.\r\nRichard has recently provided expert testimony before the US Congress\r\nHouse Committee on Foreign Affairs, and spoken to human rights issues\r\nbefore the European Parliament\u2019s human rights committee and the Bosnian\r\nParliament. He is a founding partner of Global Diligence LLP.<\/p>\r\n

Heather Ryan (USA) \u2013 Panel Member:<\/p>\r\n

Heather Ryan, a US lawyer, has been working in the field of international law\r\nfor over 15 years. She is currently a special consultant for the Open Society\r\nJustice Initiative monitoring the Extraordinary Chambers of the Courts in\r\nCambodia (ECCC), a hybrid tribunal set up to prosecute senior leaders of the\r\nKhmer Rouge Regime responsible for mass atrocities form 1975-1979. She has\r\nbeen involved since 2005 in evaluating and reporting on the development and\r\nimplementation of the ECCC in terms of compliance with international fair\r\ntrial standards, as well as the court\u2019s effectiveness in meeting its goals with\r\nrespect to the victims and public. Her experience also includes work at the\r\nCarr Center for Human Rights Policy at Harvard\u2019s Kennedy School, Global\r\nGreengrants Fund, The Coalition for International Justice, teaching\r\ninternational criminal law, as well as private law practice.<\/p>\r\n

Justice Ajit Prakash Shah (India) – Panel Member:<\/p>\r\n

Justice Shah, a renowned Indian jurist, has been practicing law as an advocate\r\nand judge for around 40 years. Following his practice as a lawyer in Bombay,\r\nJustice Shah was elevated to the bench in 1992, becoming a permanent Judge\r\nof Bombay High Court in 1994. He was promoted to Chief Justice of the\r\nMadras High Court in 2005 and Chief Justice of Delhi High Court in 2008. He\r\nretired from the bench in 2010. Until August 2015, Justice Shah was the\r\nChairman of the 20th Law Commission of India, a body established by the\r\nIndian Government to promote legal reform throughout the justice system.\r\nHe was also the Chairperson of the Broadcasting Content Complaints\r\nCouncil, a self-regulatory body for non-news TV channels set up by\r\nthe Indian Broadcasting Foundation in consultation with the Ministry of\r\nInformation & Broadcasting.<\/p>\r\n

Monitoring Accountability Panel, Consultant\u2019s Bio:<\/p>\r\n

Geoffrey Robertson QC – Consultant:<\/p>\r\n

Geoffrey Robertson QC is founder and joint head of Doughty Street\r\nChambers. He has had a distinguished career as a trial and appellate counsel,\r\nan international judge, and author of leading textbooks. He has argued many\r\nlandmark cases in media, constitutional and criminal law, in the European\r\nCourt of Justice; the European Court of Human Rights; the Supreme Court\r\n(House of Lords and Privy Council); the UN War Crimes courts; the World\r\nBank\u2019s International Centre for Settlement of Investment Disputes (ICSID)\r\nand in the highest courts of many commonwealth countries.<\/p>\r\n

Geoffrey has, as a jury advocate, appeared in many criminal trials at the Old\r\nBailey and libel trials in the High Court. He has appeared in several hundred\r\nreported cases in the Court of Appeal (both civil and criminal divisions) and\r\nin judicial reviews in the High Court, and in subsequent appeals. He has a\r\nlarge advisory practice, for clients including governments, media\r\ncorporations, NGO\u2019s and local councils.<\/p>\r\n

For media inquiries please contact:<\/p>\r\n

\u2022 Mr. Visuvanathan Rudrakumaran, Prime Minister of the Trannational\r\nGovernment of Tamil Eelam \u2013 pmo@tgte.org<\/p>\r\n

\u2022 Richard J Rogers, Panel Secretary – richardrogers@globaldiligence.com<\/p>\r\n

MONITORING THE IMPLEMENTATION OF TRANSITIONAL JUSTICE MECHANISMS FOR SRI LANKA<\/p>\r\n

PANEL OF EXPERTS: TERMS OF REFERENCE<\/p>\r\n

Background and Overview:<\/p>\r\n

1. The Panel of Experts to Monitor Accountability in Sri Lanka (\u201cMonitoring<\/p>\r\n

Accountability Panel\u201d or \u201cMAP\u201d) has been established at the request of the<\/p>\r\n

Transnational Government of Tamil Eelam (\u201cTGTE\u201d) to provide independent<\/p>\r\n

monitoring, advice, and recommendations on the transitional justice<\/p>\r\n

mechanisms in Sri Lanka, following the end of the civil war in 2009.<\/p>\r\n

2. The overall mandate of the MAP is to monitor, advise and report on the design<\/p>\r\n

and implementation of the judicial and non-judicial measures for transitional<\/p>\r\n

justice established by the Sri Lankan Government pursuant to the Report of the<\/p>\r\n

OHCHR Investigation on Sri Lanka (\u201cOISL Report\u201d), dated 16 September 2015,<\/p>\r\n

and the UN Human Rights Council Resolution (A_HRC_30_L.29) on \u2018Promoting<\/p>\r\n

reconciliation, accountability and human rights in Sri Lanka,\u2019 dated 1 October<\/p>\r\n

2015. Whilst the MAP will focus on the effectiveness of accountability<\/p>\r\n

measures from a victims\u2019 perspective, it will also consider issues of fair trial<\/p>\r\n

and due process for suspects and accused persons.<\/p>\r\n

3. The UN Human Rights Council1 and the UN Special Rapporteur on Transitional<\/p>\r\n

Justice2 have called for broad participation and consultation in the design and<\/p>\r\n

4. The MAP shall garner the views of victims inside and outside Sri Lanka. It shall<\/p>\r\n

formulate its opinions independently – irrespective of party political<\/p>\r\n

considerations or the agenda of any specific group (including the TGTE) \u2013<\/p>\r\n

according to the interests of fair justice, applying international fair trial<\/p>\r\n

standards and best practices.<\/p>\r\n

5. The MAP\u2019s Legal Experts shall agree all reports prior to publication or<\/p>\r\n

distribution. The initial mandate of the MAP shall run from November 2015 to<\/p>\r\n

December 2016.<\/p>\r\n

Specific Terms of Reference:<\/p>\r\n

Re: The judicial mechanism with a special counsel:<\/p>\r\n

6. To monitor, evaluate, and make recommendations on the establishment of the<\/p>\r\n

\u201cjudicial mechanism with a special counsel to investigate allegations of<\/p>\r\n

violations and abuses of human rights and violations of international<\/p>\r\n

humanitarian law.\u201d3 The monitoring shall focus on the need for full and fair<\/p>\r\n

accountability, victim reparations, as well as fair trial and due process.<\/p>\r\n

7. Subject to available information, particular attention should be given to:<\/p>\r\n

a. The concerns and expectations of victims;<\/p>\r\n

b. The treatment of victims within the system, particularly victims<\/p>\r\n

c. The mechanisms for victim participation in the process and for<\/p>\r\n

d. The participation of foreign judges and the set-up of judicial<\/p>\r\n

e. The participation of foreign prosecutors and investigators and<\/p>\r\n

f. The selection process and qualifications of national judges;<\/p>\r\n

g. The procedures for selecting suspects for prosecution;<\/p>\r\n

standpoint, for transitional justice measures depend, to a large extent, on the willingness of victims<\/p>\r\n

and others to participate, for example, by sharing pertinent information with the relevant<\/p>\r\n

institutions. It is also necessary from the standpoint of effectiveness, for the measures, after all,<\/p>\r\n

should respond to the needs and expectations of their potential beneficiaries. And it is called<\/p>\r\n

for in terms of their sustainability for these are inevitably long-term projects that will likely depend<\/p>\r\n

on the willingness of stakeholders to defend them over time from the contingencies of politics.<\/p>\r\n

This is more likely to happen if the stakeholders can claim ownership over them.\u201d<\/p>\r\n

h. The application of international standards of fair trial and due<\/p>\r\n

i. The mechanisms for witness protection.<\/p>\r\n

RE: Other areas of transitional justice:<\/p>\r\n

8. To monitor, evaluate, and make recommendations on the other judicial and<\/p>\r\n

non-judicial transitional justice mechanisms implemented by the Government<\/p>\r\n

of Sri Lanka.<\/p>\r\n

9. Subject to available information, particular attention should be given to:<\/p>\r\n

a. Non judicial processes for truth-seeking;<\/p>\r\n

b. Institutional reform, including vetting of public employees;<\/p>\r\n

c. Treatment of prisoners or war;<\/p>\r\n

d. Demilitarisation and demobilization;<\/p>\r\n

e. Security sector reforms;<\/p>\r\n

f. The legality of measures designed to fight terrorism;<\/p>\r\n

g. Measures to prevent torture and sexual violence by the security<\/p>\r\n

h. The response to allegations of enforced disappearances;<\/p>\r\n

i. The treatment of Tamils and Muslims within the Sri Lankan legal<\/p>\r\n

10. The MAP will submit an interim report by March 2016 and a final report by<\/p>\r\n

January 2017 on those matters outlined in this Terms of Reference. It may<\/p>\r\n

issue press releases and position papers as the need arises.<\/p>\r\n

END<\/p>\r\n ","protected":false},"excerpt":{"rendered":"

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