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

The financial constraints of the State had been taken into
consideration when recommending relief to those affected.
Compensation to be paid in terms of the relevant Circulars of
the Rehabilitation Ministry and Public Administration Ministry,
without a distinction being made between State officer and member
of the Public in respect of such persons disappearance. 191 (g)
As far as compensation is concerned we have to issue a note
of caution. Some of these complainants have already obtained
compensation through the Ministry of Rehabilitation. Steps
have been taken to ensure that there is no double payment.
The basic compensation to the affected families of disappeared
persons, to be paid to all affected families irrespective of
categorization as terrorist or not. 192 V.6
Any denial of compensation to be only if a Court of Law has
declared a disappeared person as a terrorist. The Divisional
Secretaries to be informed of this, though it is recommended that
even such segregation should cease to operate forthwith. V.7
Central, Final
(14)
1997
NE Final (63) 1997
All Island,
Final (86)
All Island,
Final (86)
2001
2001
191.
Current position regarding this recommendation remains unclear.
192.
“The practice of Sri Lanka since 1994 has been to accord relief to victims irrespective of whether the perpetrator was an armed group of the
State.”[All Island Commission Report, p.13, FN. 10] Prior to that time, the Government paid compensation only for victims of “terrorist”
activities. At one point of time there had been a cabinet decision requiring that REPPIA ask for a police report accompanying the application
for compensation, to the effect that the applicant has not been categorised as a terrorist. Reportedly, however, this is not being followed at
present. The Director of Establishments, through letter numbered IV/2/3/09/H (1), has also clarified that no person can be denied compensation
for alleged terrorist activity unless s/he has been convicted in a court of law. In all other circumstances compensation must be paid to families
of disappeared persons irrespective of alleged links to terrorist activities. Organization of Parents and Family Members of the Disappeared,
et. al, A Concise Report about Enforced Disappearances in Sri Lanka submitted to the United Nations Human Rights Commission through
the 75th Session of the United Nations Working Group on Enforced Disappearances (2005).
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