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

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Emergency Regulations The utilization of the powers under the state of emergency be minimized. VI.1(i) The utilization of the powers under the Emergency Regulations be minimized. 177 IV.25 A monthly scrutiny of each Regulation by a committee of members of parliament to take place prior to the debate on the extension of the emergency. 178 VI.1(ii) Parliament to scrutinize each Regulation before promulgation and human rights groups be given the opportunity to make submissions. IV.26 Contents of Regulations to be given wide publicity. VI.1(iii) Adequate publicity be given to the provisions of the Emergency Regulations. IV.27 Southern, Final (176) All Island, Final (85) Southern, Final (176) All Island, Final (85) Southern, Final (176) All Island, Final (85) 1997 2001 1997 2001 1997 2001 177. Amnesty International makes the following recommendation in June 2009; “Revise or repeal any emergency legislation which violates international law and standards and, in particular, provides for or encourages impunity for perpetrators of crimes under international law.” Amnesty International, June 2009, p.51. 178. The debates on Emergency Regulations generally take the form of a general debate on the armed conflict and government policy in relation to the national question, and rarely involve exchanges relating to the subject matter of the Regulations. 115
All the Regulations which are applicable at a given time be made available in one place. VI.1(iv) Regulations to be in clear language and drafted under the supervision of the Legal Draftsman. VI.1.(v) Emergency Regulations must not remove the need for an inquest before the disposal of the bodies of the deceased. 179 VI.6(i) The bodies of the deceased must be returned to their families. 180 VI.6(ii) Southern, Final (176) Southern, Final (176) Southern, Final (177) Southern, Final (177) 1997 1997 1997 1997 179. Regulation 55 required the IGP or the DIG, upon being issued a notice of death due to action taken in the course of performance of duties by either police or armed forces personnel, or where a person dies in police or military custody. Regulation 55(b) provided that where the body is found, the IGP or DIG must forthwith report such fact to the magistrate, who in turn shall order that a post mortem examination of the body be held under Regulation 56. [ER 2005]. These Regulations were repealed by ER 2010. 180. According to Regulation 56, “The Magistrate shall upon the receipt of facts by the IGP or DIG under regulation 55 direct the government Medical Officer to hold a post mortem and make order at the conclusion of such post mortem that the dead body be handed over to the DIG for disposal. The DIG in turn can hand over the body to any relation who claims the body subject to conditions or restrictions imposed in consideration of national security or public order, or otherwise authorize the burial or cremation of the dead body in accordance with the steps he may deem necessary in the circumstances. [ER 2005]. This Regulation was repealed by ER 2010. 116
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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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(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
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the liability of non-state armed gr
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Led by Deputy Inspector General T.V
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killings and human rights violation
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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 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 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
Page 176 and 177: Ample evidence has been elicited at
Page 178 and 179: Time Period 258 It is recommended t
Page 180 and 181: Security In view of the experience
Page 182 and 183: 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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sri lanka's commissions of inquiry - Law & Society Trust

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