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

Indemnity Act must not cover acts which are grave offences or a
violation of rights of persons. 129 V.2(iii)
Allegations of unjust enrichment be a subject of consideration at
a trial against an alleged perpetrator so as to obviate the need for
a multiplicity of actions. 130 III.12
Southern, Final
(175)
All Island,
Final (83)
1997
2001
129.
According to the Indemnity Act No. 20 of 1982, as amended in 1988, “no action or other legal proceeding whatsoever, whether civil or
criminal, shall be instituted in any court of law for or on account of or in respect of any act, matter or thing, whether legal or otherwise, done
or purported to be done with a view to restoring law and order during the period August 1, 1977, to the relevant date (December 1988), if
done in good faith, by a Minister, Deputy Minister or person holding office under or employed in the service of the Government of Sri Lanka
in any capacity whether, naval, military, air force, police or civil, or by any person acting in good faith under the authority of a direction of
a Minister, Deputy Minister or a person holding office or so employed and done or purported to be done in the execution of his duty or for
the enforcement of law and order or for the public safety or otherwise in the public interest and if any such action or legal proceeding has
been instituted in any court of law whether before or after the date of commencement of this Act every such action or legal proceeding shall
be deemed to be discharged and made null and void.” No exceptions for grave violations or violations of the rights of persons are made. The
Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulations 2006 by Regulation 19 provides specific
immunity for actions taken under the Regulations by security personnel. Similarly immunity provisions are provided for in Regulation 73
of Emergency (Miscellaneous Provisions and Powers) Regulations, No. 1 of 2005, Section 26 of the Sri Lanka Prevention of Terrorism
(Temporary Provisions) Act No 48 of 1979 [Certified on 20 July 1979] and Section 26 of the Public Security Ordinance No.25 of 1947. The
International Commission of Jurists (ICJ) have commented as follows on these provisions “These provisions severely limit the accountability
of civilian and military authorities exercising emergency powers, provided that the action of the official took place in the course of discharging
official duties.”. The ICJ comments “the fact that an official was “in the discharge of his official duties” can never be used as an excuse
not to prosecute or to acquit… exceptional circumstances such as political instability or public emergencies do not justify exempting law
enforcement or other officials from possible criminal/civil liability for violation of human rights during emergency operations.”, Briefing
paper; Sri Lanka’s Emergency Laws, International Commission of Jurists, May 2009, p.7, paras 1 and 2.
130. Not implemented.
96