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

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General The Commission feels that on ex-parte evidence alone, it cannot decide on the guilt of these people. Hence, proper inquiries have to be undertaken and evidence given by the complainants should stand the scrutiny of cross-examination. This is a task we leave for the next Commission. 109 NE Final (62) 1997 542 complaints received by this Commission remain to be investigated. 110 VIII Specific Persons It is therefore recommended that ASP Indran (Anamaduwa then Southern, Final (178) Central, Interim at SL Army Reserve Headquarters) be sent on compulsory leave VII (21) immediately to prevent him interfering with the witnesses any further, and to enable investigations into complaints where he is involved to commence. 111 1997 Oct. 1996 109. The next Commission, the All Island Commission, did not have a mandate to revisit cases that had already been considered by the prior Commissions, see All Island Final, p.1 110. Those complaints were turned over to the All Island Commission, see All Island Final, p.1 111. “The conclusions and recommendations of these Commissions of Inquiry should be made public and easily accessible, along with an official status report on implementation.” Amnesty International, June 2009, p. 48; “Disciplinary control of police officers should not be delegated to the Inspector General of Police. The Natonal Police Commission (NPC) should clearly articulate what types of misconduct or abuse of rights it will investigate and what penalties will result if complaints are proved to be true.” Amnesty International, June 2009, p.50. The National Police Commission which is the independent body created by the 17th Amendment in charge of the appointment, transfer and disciplinary control of police officers is now defunct in the absence of the appointment of the Constitutional Council. Under Article 155J of the Constitution, the NPC was empowered to delegate to the Inspector General of Police the powers of disciplinary control and dismissal of any category of police officer, subject to conditions prescribed by the NPC itself, see RCT Study, p.108. During its second term the NPC delegated disciplinary powers over officers below the rank of Chief Inspector to the IGP. See Kishali Pinto-Jayawardena, Thoughts on the drowning of one man, Sunday Times, November 8, 2009, at p. 12. Currently the Secretary to the Ministry of Defence exercises the powers of the NPC in the absence of the constitution of the NPC by the Constitutional Council. 89
LEGAL PROCEEDINGS CATEGORY OF REC RECOMMENDATION (AS STATED IN REPORT) Prosecutions Fora The courts must always be the arbiter of criminal liability. General Principles III.2(i) Courts of first instance to be identified wherever possible as most accessible to the petitioner, i.e. the Magistrate’s Court. V.5.(iv) The High Court’s Jurisdiction of ascertainment of liability be retained. IV.11(ii) The High Court (or the Court of Appeals as the case may be) to continue to be the ultimate arbiter on the issues of responsibility and compensation. V.3.(iii) Evidentiary rules must be that of the normal law. 112 However, once detention is established, burden (of proof) to shift to person charged in the absence of an explanation.III.2(ii) 112. Evidentiary rules in respect of the criminal law remain unchanged. CoI & REPORT Southern, Final (171) Southern, Final (176) Southern, Final (174) Southern, Final (176) Southern, Final (171) YEAR 1997 1997 1997 1997 1997 90
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A LEGACY TO REMEMBER; SRI LANKA’S
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DEDICATION For all the named and un
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Table of Contents Abbreviations ...
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Returned detainees ................
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CGR CRM CSU CTB DDC DIG DIU DNA DPP
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NSSP OIC O Level P.C. PCIIRP PLOTE
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Preface Sri Lanka has constituted C
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xviii
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It comprises summaries of the final
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PART 1 REPORTS OF THE COMMISSIONS E
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BRIEF STATEMENT OF FACTS: During th
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2. PRESIDENTIAL COMMISSION OF INQUI
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violence by the UNP and their allie
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The Commission’s perspective mirr
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3. PRESIDENTIAL COMMISSION OF INQUI
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(c) whether any action if any, agai
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SUMMARY OF RECOMMENDATIONS: Althoug
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yet occurred, thus suggesting that
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The differences in the mandate may
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5. SRI LANKA’S COMMISSIONS OF INQ
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However, when the President was ask
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5.1.4 The Timeframe Under Review Co
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Commissions used standard complaint
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Justice does not simply mean the pu
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REPORT TITLE : (a) whether any pers
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There appears to be very little pro
Page 58 and 59: 5.3 COMMISSION OF INQUIRY INTO THE
Page 60 and 61: BRIEF STATEMENT OF FACTS: The Commi
Page 62 and 63: These two problems unless handled w
Page 64 and 65: REPORT TITLE : (b) the evidence ava
Page 66 and 67: egarding certain army camps. Includ
Page 68 and 69: separate cover the list of names of
Page 70 and 71: in the said Provinces. The cases in
Page 72 and 73: commenced on the respective dates,
Page 74 and 75: BRIEF STATEMENT OF FACTS: The All I
Page 76 and 77: the liability of non-state armed gr
Page 78 and 79: Led by Deputy Inspector General T.V
Page 80 and 81: killings and human rights violation
Page 82 and 83: 8. PRESIDENTIAL COMMISSION OF INQUI
Page 84 and 85: BRIEF STATEMENT OF FACTS: On 25th O
Page 86 and 87: SUMMARY OF RECOMMENDATIONS: Recomme
Page 88 and 89: (c) the nature and extent of the da
Page 90 and 91: other sources, including many that
Page 92 and 93: 10 OTHER MECHANISMS 10.1. MINISTRY
Page 94 and 95: Can the Board of Investigation acco
Page 96 and 97: suggestive of a pattern of reprisal
Page 98 and 99: All the circumstances pertaining to
Page 100 and 101: and the LTTE were unsuccessful. Spe
Page 102 and 103: INVESTIGATIONS CATEGORY OF REC RECO
Page 104 and 105: The investigations into the persons
Page 106 and 107: 104. Not implemented. 105. Not adhe
Page 110 and 111: Principles of procedural fairness i
Page 112 and 113: Recognise criminal liability of off
Page 114 and 115: If any perpetrator is alleged to ha
Page 116 and 117: Habeas Corpus Adverse finding in a
Page 118 and 119: Amnesty An amnesty be given to witn
Page 120 and 121: Magistrate’s Court - Special Divi
Page 122 and 123: PUNITIVE MEASURES CATEGORY OF REC F
Page 124 and 125: Human rights records of members of
Page 126 and 127: (v) A written record of such inform
Page 128 and 129: Detention Inspector General of Poli
Page 130 and 131: Magistrates be empowered to require
Page 132 and 133: The Prison Rules to apply to all de
Page 134 and 135: Emergency Regulations The utilizati
Page 136 and 137: LEGAL REFORM CATEGORY OF REC RECOMM
Page 138 and 139: Law Reform Article 17 and 126 of th
Page 140 and 141: RELIEF AND REHABILITATION CATEGORY
Page 142 and 143: Legislative provision be made for e
Page 144 and 145: The finding of a Disappearance Comm
Page 146 and 147: Though providing relief to those wh
Page 148 and 149: Public Relief Schemes to provide pu
Page 150 and 151: Emotional Rehabilitation Death Cert
Page 152 and 153: Special Mechanisms Advisory Service
Page 154 and 155: SPECIFIC ACTORS/ GROUPS CATEGORY OF
Page 156 and 157: MISCELLANEOUS CATEGORY OF REC RECOM
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That each of the complaints not com
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TABLE OF RECOMMENDATIONS OF OTHER C
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REPORT ON INCIDENTS WHICH TOOK PLAC
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(6) Economic stagnation and unemplo
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Whatever may be the rule in this is
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Finally, I would recommend that the
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REPORT OF THE PRESIDENTIAL COMMISSI
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REPORT OF UNLAWFUL DETENTION AND TO
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It would be appropriate that, Repre
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Ample evidence has been elicited at
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Time Period 258 It is recommended t
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Security In view of the experience
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Non-governmental Organisations Evid
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LEGAL PROCEEDINGS Prosecutions The
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ACTORS Vetting The establishment of
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The Argentinean Comisión Nacional
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the disappeared 291 and erection of
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aware through public meetings, post
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