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sri lanka's commissions of inquiry - Law & Society Trust

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INVESTIGATIONS<br />

CATEGORY<br />

OF REC<br />

RECOMMENDATION<br />

(AS STATED IN REPORT)<br />

Further investigations <strong>of</strong> the complaints <strong>of</strong> returned detainees be<br />

done as a matter <strong>of</strong> urgency. 96 I.1*<br />

The evidence <strong>of</strong> returned detainees on the events they witnessed<br />

while in custody be recorded. 97 I.2<br />

The Human Rights Commission be directed to deal with<br />

instances <strong>of</strong> torture <strong>of</strong> returned detainees inquired into by this<br />

Commission. 98 I.3<br />

CoI &<br />

REPORT<br />

All Island, Final<br />

(82)**<br />

All Island, Final<br />

(82)<br />

All Island, Final<br />

(82)<br />

YEAR<br />

2001<br />

2001<br />

2001<br />

*<br />

Referral consistently to Recommendation number in Commission report.<br />

**<br />

Referral consistently to page number in Commission report.<br />

96.<br />

Recommendations by Amnesty International include; “Ensure that all violations <strong>of</strong> human rights and international humanitarian law,<br />

irrespective <strong>of</strong> the identity <strong>of</strong> the perpetrator, are promptly, independently, impartially and thoroughly investigated.” Amnesty International,<br />

June 2009, p.49.<br />

97.<br />

Not implemented.<br />

98.<br />

“For this collaboration to be effective, the Sri Lankan Human Rights Commission (HRC) needs to be supported and strengthened, and its<br />

independence must be restored. The following steps are crucial.<br />

- The HRC should be in a position to account for every human rights violation investigated as a crime.<br />

- Restore the HRC’s independence and impartiality, in particular through implementing the 17th Amendment to the Constitution <strong>of</strong> the<br />

Democratic Socialist Republic <strong>of</strong> Sri Lanka (1978), certified on 3rd October 2001 and its schedule.<br />

- Ensure that the HRC’s work is fully supported financially so as to enable it to investigate human rights violations independently, thoroughly<br />

and efficiently.<br />

- Establish a system to provide the relevant authorities with detailed information that they can use to aid them in investigations and<br />

prosecutions. Procedures must be established in law to consider the HRC’s recommendations.<br />

83

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