A/HRC/22/38 Commissioner14 and the Special Rapporteur on the independence of judges and lawyers15 warned could undermine the independence of judiciary and the rule of law. B. Credible investigations of widespread allegations of extrajudicial killings and enforced disappearance 1. Extrajudicial killings 17. While the Lessons Learnt and Reconciliation Commission, in its report, found it difficult to determine the precise circumstances under which incidents involving the loss of civilian lives had occurred, it recommended that the State investigate action by the security forces, which may have led to death or injury to civilians (paras. 9.9 and 9.37a). It also recommended an independent investigation into allegations of torture and extrajudicial killing arising from video footage broadcast by Channel 4 (para. 9.39). The Government assigned these recommendations to the Ministry of Defence, the Ministry of Justice, the Attorney General’s Department and the Presidential Secretariat for implementation. The Commission also recommended that an inquiry be conducted into the civilian injuries and deaths resulting from shelling, as well as an examination into the adequacy of medical supplies provided to civilians in conflict areas (paras. 9.14 and 9.22). These recommendations were not included in the national plan of action. 18. In its comments on the present report, the Government stated that the Sri Lanka army had appointed a court of inquiry to investigate the instances of civilian casualties mentioned in the Commission report and also to investigate the allegations broadcast on Channel 4, irrespective of whether the video footage was authentic. According to the Government, as at the time of writing, the court had examined 50 witnesses. It was reportedly investigating more than 50 alleged incidents of shelling mentioned in the Commission’s report, and would conclude its inquiry by mid-January 2013. It would subsequently investigate the Channel 4 allegations. No further details were provided regarding the composition and terms of reference of the court of inquiry. The High Commissioner is concerned about the transparency, independence and impartiality of this process, as well as for the protection of witnesses and victims. 19. In its report, the Lessons Learnt and Reconciliation Commission also strongly recommended the implementation of recommendations from a previous, unpublished presidential commission of inquiry, which, in 2006, investigated alleged serious violations of human rights after August 2005, including the deaths of five students in Trincomalee in January 2006, and of 17 aid workers of the non-governmental organization Action contre la Faim in Muttur in August 2006 (para. 9.120). According to the national plan of action, the Ministry of Defence, the Police Department and the Attorney General’s Department are the entities responsible for implementing this recommendation. It is worth recalling that Sri Lanka, at the second session of the universal periodic review, accepted a recommendation to “ensure the adequate completion of investigations into the killings of aid workers”.16 20. When the OHCHR technical mission raised concerns about the delay in these cases, the Attorney General responded that the quality of investigations and evidence collected had to date prevented him from proceeding with charges and prosecutions. In reply to the Special Rapporteur on extrajudicial, summary or arbitrary executions in October 2012, the Government stated that the Attorney General had advised the Inspector General of Police to 14 15 16 See OHCHR press briefing note dated 18 January 2013. See press statements dated 14 November and 31 December 2012. A/HRC/8/46, para. 82, recommendation 15. 7