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

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The finding of a Disappearance Commission to be taken as adequate proof for the grant of pensions or other benefits due to affected families of disappeared persons. 193 V.8 A realistic time frame be fixed to complete the payment of compensation to all those entitled in every district. V.9 Property A scheme to provide monetary assistance to affected families who had suffered loss and damage to property be initiated. A forum be created to receive complaints of successors of disappeared persons. 194 I.1(ii) All Island, Final (86) All Island, Final (86) Southern, Final (169) 2001 2001 1997 193. Section 8 of the 2005 Registration of Deaths (Temporary Provisions) Act dispenses with the need for a Grama Niladhari report to accompany a Commission certificate. Sec 8 : “(1)Where a Commission appointed under the Commissions of Inquiry Act (Chapter 393) or a Special Presidential Commission of Inquiry established under the Special Presidential Commissions Law, No. 7 of 1978 finds that a person has disappeared or is missing, the next of kin of that person may, apply to the Registrar-General or to the District Registrar of Births and Deaths of the district in which that person was last residing or had his permanent residence, substantially in the Form set out in the Schedule to this Act, to register the death of that person under the Births and Deaths Registration Act (Chapter 110) and to have issued to him, a Certificate of Death in respect of the death of that person. Every such application shall be accompanied by an affidavit of the applicant in terms of section 3 and a certified copy of the findings of the Commission of Inquiry or Special Presidential Commission of Inquiry, as the case may be, relating to the death of such person. (2) Upon receipt of an application under subsection (1), the District Registrar shall, notwithstanding anything to contrary in the preceding provisions of this Act, forthwith send to the Registrar-General a Report under his hand, setting out the particulars of the death required to be registered under the Births and Deaths Registration Act (Chapter 110) as he has been able to ascertain from the application and the accompanying affidavit and finding. (4) Upon receipt of an order under subsection (3) directing him to enter the particulars relating to the relevant death in the Register of Deaths maintained by him under the Births and Deaths Registration Act (Chapter 110), the Registrar shall forthwith enter such particulars in such register and sign the register in the appropriate place.(5) Where the application under subsection (1) is made to the Registrar-General, the provisions of subsections (2) and (5) shall mutatis mutandis (with the necessary changes having been made) apply as if the reference in those sections to the District Registrar is a reference to the Registrar-General.. 194. REPPIA also provides compensation for property loss. This is calculated at 1/5th the value of the property up to a maximum of Rs. 100,000. 125
A swift remedy for the homelessness by settling such families on state-owned land, preferably in the area of their residence prior to the displacement, and the provision of financial assistance in the construction of a house. 195 I.2(i) The allocation of state land for cultivation – the permit to the land and house to be in the name of the female head of household. I.2(ii) A state-lands alienation scheme to regularize the unauthorized occupation of state lands by members of families of disappeared persons. Those who have been dispossessed be restored to possession of the lands in question or be given alternate lands after due inquiry. 196 I.3(i) A forum be created to receive complaints of successors of disappeared “Ande” 197 cultivators with a view to restoring to them their rights and a scheme to re-locate affected families of disappeared “Ande” cultivators who have been “constructively dispossessed” in consequence of government projects. 198 I.3(ii) Southern, Final (169) Southern, Final (169) Southern, Final (169) Southern, Final (169) 1997 1997 1997 1997 195. Families of the disappeared have not been put down as a special category in housing aid schemes implemented by the National Housing Development Authority (NHDA). 196. Families of disappeared persons do not constitute a special category in land alienation schemes. 197. The Ande system dates back to the times of ancient kingdoms of Sri Lanka, where a tenant cultivated the land which was held or owned by another, and where the tenant paid a part of the proceeds of the crop to the owner. See Pieris, Kamalika, Lands in Medieval Sri Lanka, The Island, available at http://www.island.lk/2008/12/13/satmag3.html, accessed on 14/9/2009. 198. Not implemented. 126
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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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BRIEF STATEMENT OF FACTS: On 25th O
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SUMMARY OF RECOMMENDATIONS: Recomme
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(c) the nature and extent of the da
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other sources, including many that
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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 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 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
Page 184 and 185: LEGAL PROCEEDINGS Prosecutions The
Page 186 and 187: ACTORS Vetting The establishment of
Page 188 and 189: The Argentinean Comisión Nacional
Page 190 and 191: the disappeared 291 and erection of
Page 192 and 193: aware through public meetings, post
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