The Army Commander Jagath Jayasuriya has appointed a member Court of Inquiry to probe into the observations made by the Lessons Learnt and Reconciliation Commission(LLRC) on alleged civilian casualties during the final stage of the war and the content of the Channel 4 video.
The press release adds that the Court is to probe the contents in the Channel 4 video footage, irrespective of the authenticity or otherwise of the video presentation.
The release further adds: "The Court of inquiry had been appointed by the virtue of the powers vested in the Army Commander by Regulation 4 of the Court of Inquiry Regulations, read with the Regulation 2 of the Army Disciplinary Regulations.
Lieutenant General Jagath Jayasuriya stated that in view of a consistent policy followed by the Sri Lanka Army from its inception in 1949 of maintaining a Zero Tolerance towards any breach of Humanitarian Laws by its members during engagements such an inquiry is warranted, especially in view of the observations of the LLRC.
A Court of Inquiry is an initial fact-finding inquiry akin to a non-summary inquiry by a Magistrate. If there is a prima facie case disclosed against any person from the evidence led before the Court of Inquiry, a General Court Martial is convened to try the alleged offenders. A General Court Martial had the jurisdiction that is identical to a High Court Trial-at-Bar and can award any sentence, including the death penalty.
The Court of Inquiry was directed to commence its proceedings in the first week of January 2012. The Court is headed by Maj. Gen. Chrishantha de Silva, the present Commander of the Security Forces Headquarters(Kilinochchi).