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

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Special Mechanisms Advisory Services Bureau Monitoring Committee Where there is evidence of unlawful detention or disappearance, the insurance companies be directed to take cognizance of this fact and not to treat the policy as having lapsed but to give the benefit of the policy to the heirs of the disappeared persons.V.13 Where the findings of the Disappearance Commission or a death certifiate is issued and where the death or disappearance is prior to due date of premium, the insurance policy be treated as having not lapsed.V.14 Citizens advisory bureaus to be set up at district level. IV.14 An advisory services bureau on the lines of the Citizen’s Advisory Services Bureau set up in London during WWII be set up to assist dependents of disappeared persons in procedures they have to follow to obtain relief etc.V.16 A committee be appointed to monitor the implementation of the aforementioned recommendations. I.12(iii) All Island, Final (86) All Island, Final (87) Southern, Final (174) All Island, Final (87) Southern, Final (171) 2001 2001 1997 2001 1997 133
RETURNED DETAINEES CATEGORY OF REC RECOMMENDATION (AS STATED IN REPORT) The Human Rights Commission should be requested to advise the government “in formulating legislation, administrative directive and procedures” for the protection of the fundamental rights of the Returned Detainees as a category. 208 I.11(i) It is very necessary to provide adequate relief to those who were removed, tortured and escaped death. Many of those persons had suffered both mentally and physically. It is recommended that they be rehabilitated and if necessary referred to Psychiatric Clinics; the assistance of non governmental organisations could be sought in this regard. (j) A TRUST for the rehabilitation of persons affected by disappearances be set up under a Board of Trustees and the Inland Revenue Law be amended to remove the ceiling on contributions to charity to qualify for tax exemptions to facilitate contributions to this Trust. V.2 CoI & REPORT Southern, Final (171) Central, Final (14) All Island, Final (86) YEAR 1997 1997 2001 208. “In 2007, the HRC’s non-compliance with the Paris Principles (Relating to the Status and Functioning of the National Institutions for the Protection and Promotion of Human Rights) led to its downgrading from Status ‘A’ to Status ‘B’ member by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC). The HRC’s subsequent failure to institute the reforms recommended by the ICC’s Sub-Committee on Accreditation led to confirmation of its ‘B’ status on its review in March 2009. Only ‘A’ status institutions are considered full members of the ICC with voting rights and receive concomitant recognition by the United Nations Human Rights Council within its structures and processes.”, see Skanthakumar, B, “Parallel Report on the Performance and Effectiveness of the National Human Rights Commission of Sri Lanka in 2008”, Law & Society Trust, 03 August 2009 at p.3, available at http://www.lawandsocietytrust.org/web/images/PDF/nhrc%20report%202009.pdf. He further comments that “…its alarming unwillingness to recognise the urgency and seriousness of the human rights crisis and consequently its ineffectual performance, [is] of greater disappointment and concern…”, at p. 2. The HRC is currently non-functional due to the non-appointment of new members by President Mahinda Rajapakse. 134
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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
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Can the Board of Investigation acco
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suggestive of a pattern of reprisal
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All the circumstances pertaining to
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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 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 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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