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

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(v) A written record of such information to be maintained at place of detention/Police Station/District Secretary/Magistrate’s Court. 155 IV.2 Receipts of arrest – A receipt of the Arrest to be given by arresting officer to a family member or friend of the person arrested/copy of Receipt to be given to detainee 156 IV.3 The arresting officer to give a receipt of arrest including the name of the person arrested, date, place and the name and rank of officer arresting to a family member or friend, at the time of arrest. IV.5 Specify the situations under which arrests without warrants can be made and whom the arrest can be made by. 157 VI.2(i) Southern, Final (173) All Island, Final (84) Southern, Final (176) 1997 2001 1997 155. No provision in emergency law for a judicial record of such information be maintained. 156. (i) Regulation 20(9) imposes on the arresting officer a duty to issue to the spouse, father, mother or any other close relative a document acknowledging the fact of arrest. The proviso to this paragraph states however that where it is not possible for an arresting police officer to issue such a document, he must make an entry in the information book giving reasons why it is not possible to issue such documents and in the case of an armed forces arresting officer, he must report to the officer in charge of the police station the reasons why it was not possible to issue the documents, who in turn would enter that information in the information book. [ER 2005] (ii) The form of the document to be specified by the Secretary. [ER 2005, Reg. 20(9)] Refer Presidential Directions to Heads of Armed Forces 1997. The Presidential Directive of 2006 states that the person being arrested should be allowed to make contact with family or friends to inform them of his whereabouts., Directions issued by His Excellency the President, Commander-in-Charge of the Armed Forces and Minister of Defence, 2006. http://www. nationalsecurity.lk/fullnews.php?id=5473. Directive issued 7th July 2006 and re circulated by Secretary, Ministry of Defence in April 2007. 157. The powers available to and the situations wherein competent officers can make an arrest without warrant remains very broad. According to Regulation 20(1), “Any public officer, any member of the Sri Lanka Army, the Sri Lanka Navy or the Sri Lanka Air Force or any other person authorized by the President to act under this regulation may….any person who is committing or has committed or whom he has a reasonable ground for suspecting to be concerned in, or to be committing or to have committed an offence under any emergency regulation…” [ER 2005] 107
Arrestee to be informed at the time of arrest of the reasons of arrest. 158 VI.2(ii) Reasons be recorded by the arresting authority as soon as practicable. 159 VI.2(iii) Arrestee and accompanying persons be informed of the identity of the arresting officer. 160 VI.2(iv) The detainee to be produced before the Magistrate within twenty four hours of the arrest. VI.3(viii) The duty to produce before the magistrate any person arrested within 24 hours be made applicable even during the operation of Emergency Regulations. 161 IV.4 Southern, Final (176) Southern, Final (176) Southern, Final (176) Southern, Final (177) All Island, Final (84) 1997 1997 1997 1997 2001 158. President Chandrika Kumaratunga in her capacity of Commander in Charge of the Armed Forces and Minister of Defence directed the heads of armed forces and the police in a set of directions issued on June 21 1997 that reasons for arrest be conveyed to the person arrested. Directions issued by Her Excellency the President, Commander-in-Charge of the Armed Forces and Minister of Defence, July 21, 1997, All Island Report, 2001, Annex XVI, p. 149. President Mahinda Rajapakse issued a directive to heads of the armed forces and the police in a set of directions on 7 July 2006 in which it was laid down that the person to be arrested should be informed of the reason for the arrest. Clause 3 of the Directive, Directions issued by His Excellency the President, Commander-in-Charge of the Armed Forces and Minister of Defence, 2006. http://www.nationalsecurity.lk/fullnews.php?id=5473, Directive issued 7th July 2006 and re circulated by Secretary, Ministry of Defence in April 2007. 159. No specific provision addressing the recording of reasons by the arresting authority. 160. Although there is no requirement in the Emergency Regulations, see directions issued by the President in June 1997 above and the Presidential Directive of 7 July 2006, which state that the person making the arrest or detention should identify himself by name and rank to the person or relative or friend of the person to be arrested Ibid. n.63. 161. In cases of arrests under Regulation 20, there is no requirement to produce the detainee before a Magistrate. According to Regulation 21(1), where persons are arrested or detained under Regulation 19, the detainee must be produced before a magistrate within a reasonable time, and in any event not exceeding thirty days after such arrest. [ER 2005] 108
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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
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5.3 COMMISSION OF INQUIRY INTO THE
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BRIEF STATEMENT OF FACTS: The Commi
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These two problems unless handled w
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REPORT TITLE : (b) the evidence ava
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egarding certain army camps. Includ
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separate cover the list of names of
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in the said Provinces. The cases in
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commenced on the respective dates,
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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 108 and 109: General The Commission feels that o
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 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
Page 158 and 159: That each of the complaints not com
Page 160 and 161: TABLE OF RECOMMENDATIONS OF OTHER C
Page 162 and 163: REPORT ON INCIDENTS WHICH TOOK PLAC
Page 164 and 165: (6) Economic stagnation and unemplo
Page 166 and 167: Whatever may be the rule in this is
Page 168 and 169: Finally, I would recommend that the
Page 170 and 171: REPORT OF THE PRESIDENTIAL COMMISSI
Page 172 and 173: REPORT OF UNLAWFUL DETENTION AND TO
Page 174 and 175: 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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