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

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MISCELLANEOUS CATEGORY OF REC RECOMMENDATION (AS STATED IN REPORT) The Government of Sri Lanka to take up at the relevant International fora the issue of the need for the formulation and promulgation of an International Instrument on the subject of the responsibility of Armed Groups. II.4 Wide publicity be given to the Reports of Commission of Inquiry into Disappearances, translations of Reports to be made available in Sinhala and Tamil. 210 IV.33 Your Excellency has taken the correct decision and especially in the ethnic sphere, Your Excellency’s proposals should be adopted as a basic policy of the land. 211 CoI & REPORT All Island, Final (82) All Island, Final (85) YEAR 2001 2001 NE Final (63) 1997 210. There was little publicity generated by the government regarding the Reports. 211. The timing of the Report suggests that this recommendation relates to the 1997 proposals for devolution of power, which were not adopted. 137
ALLEGED DISAPPEARANCES NOT WITHIN MANDATE CATEGORY OF REC RECOMMENDATION (AS STATED IN REPORT) Attention be paid to inquire into the complaints allegedly not reported to any Commission so far in respect of disappearances which have occurred after 1988. 212 VI.1 The HRC Act be amended to enable it to inquire into complaints remaining uninquired as these complaints do not fall within the mandate of this Commission, and any subsequent instances of this nature brought to their notice. 213 VI.2 CoI & REPORT All Island, Final (87) All Island, Final (87) YEAR 2001 2001 212. Not implemented 213. Not implemented. The HRC announced in June 2006 that it will not investigate over 2000 allegations of disappearances passed on to it from the All Island Commission of Inquiry “unless special directions are received from the President”. Human Rights Watch, “Recurring Nightmare: State Responsibility for ‘Disappearances’ and Abductions in Sri Lanka”, 6 March 2008, Volume 20, No. 2(C), available at: http://www.unhcr.org/refworld/docid/47d0fab62.html [accessed 11 November 2009], see also Namini Wijedasa, “No Investigations Without Special Directions from Government’ – HRC dumps 2,000 Uninquired Complaints”, Sunday Island, July 16, 2006. See also, “Sri Lanka: The Human Rights Commission of Sri Lanka Has Stopped Investigations into 2000 Disappearance Cases to Avoid Having to Pay Government Compensation to the Victims”, Statement by the Asian Human Rights Commission, AS-169-2006, July 18, 2006. The public furor following this announcement caused a note to be issued in June 2006 by the Secretary to the HRC asserting that the reason behind the decision was that “the findings will result in the payment of compensation, etc.”. Pinto Jayawardena, Kishali, “Sri Lanka’s National Human Rights Commission- One Step Forward, Two Steps Back…”, FORUM ASIA Report to the Asia Pacific Forum of National Human Rights Institutions, FORUM ASIA, Bangkok, 2006. One of the reasons cited by the ICC for the downgrading of the HRC was the failure to investigate into over 2000 cases of disappearances from the years 1980-2000; in early February 2008 the Daily News published a letter by the HRC to the ICC refuting this claim, urging that the cases were inquired into and a report submitted on 15 October 2007, See “Biased Conclusions Irk HRC,” Daily News, 4 February 2008, available at . The same letter to the ICC urges that the previous 138
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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
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INVESTIGATIONS CATEGORY OF REC RECO
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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 152 and 153: Special Mechanisms Advisory Service
Page 154 and 155: SPECIFIC ACTORS/ GROUPS CATEGORY OF
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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