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Last updated: 23 April, 2007 - Published 14:36 GMT
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Murder probe 'not impartial'
Michael Birnbaum
The observer has found 'serious flaws' of the murder investigation
The International Commission of Jurists (ICJ) has strongly criticised the investigation into the murder of 17 aid workers in Muttur in August, last year.

A report issued by an independent observer after a fact finding mission says the investigation "lacks impartiality, transparency and effectiveness".

A statement issued on Monday said senior British barrister, Michael Birnbaum QC, has found significant flaws in the murder investigation.

Sri Lanka police had decided the crime was committed by the LTTE prior to any investigation, according to the ICJ.

Culprits identified 'without probe'

17 workers of Action Contre la Faim (ACF) were found killed in Muttur in August, last year.

The killing, which took place in the aftermath of a battle for control in the eastern Sri Lankan city, sparked an international outcry.

 Concern is raised regarding the failure of police to obey certain orders made by the second Magistrate, in particular an order that the ballistics exhibits should only be opened in the presence of an Australian expert
ICJ statement

The independent body has recommended the establishment of a team independent of the police and security forces to investigate the murder.

"The ICJ also recommends the establishment of a comprehensive witness protection programme," the statement added.

The ICJ observer has witnessed inquest proceedings in Kantale in November 2006 and March 2007.

Independant observer

The report, based on his findings after analysing court proceedings and other material related to the investigation, "acknowledges the inherent difficulty of investigating serious crimes such as these killings".

However, Michael Birnbaum QC says the investigation seriously lacks impartiality.

The report highlighted that the fact that the police has failed to interview any member of the Sri Lankan security forces.

"Concern is raised regarding the failure of police to obey certain orders made by the second Magistrate, in particular an order that the ballistics exhibits should only be opened in the presence of an Australian expert," the statement added.

The report recommends Sri Lanka government "seriously consider reforms of the criminal justice system to ensure impartial and effective investigations and independent decisions as to prosecution".

LOCAL LINKS
Calls for witness protection
05 February, 2007 | Sandeshaya
Experts return 'empty handed'
17 January, 2007 | Sandeshaya
Aid workers bodies exhumed
18 October, 2006 | Sandeshaya
Aid worker murder probe 'very slow'
06 October, 2006 | Sandeshaya
Aid worker murder probe 'uncertain'
06 September, 2006 | Sandeshaya
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