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

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That each of the complaints not coming within the Mandate of this Commission be referred to Divisional Secretaries to verify with the Grama Niladharies whether the whereabouts of such persons is still not known in his area. 214 VI.3 All Island, Final (87) 2001 Commissions needed a special mandate from the President to investigate the allegation of over 2000 cases of disappearances, and in the absence of a specific Presidential mandate for the present HRC to proceed, they could not investigate such cases. The HRC further urges that it investigates cases beyond the time limit of one year, and had investigated cases as old as two years where evidence was forthcoming. They state that since the former Commission limited the cases to within one year of the incident, the HRC had now decided to limit the time to three months since evidence was not available for belated inquiries. Meanwhile the Daily News reports that a Committee was appointed by Chairman, HRC in mid 2006 to investigate the 2210 cases which had not been inquired into by the previous commissions, following a Presidential directive to this effect. The Committee comprised K.G. Jayasena, retired District Judge and H.S. Jayasuriya, former Director, Colombo Fraud Investigation Bureau with W. Ekanayake, former Government Agent Colombo as Secretary. The Commission commenced inquiries from November 2006 to July 2007. It is reported that 650 complainants came before the Commission while 113 wrote of their inability to attend and forwarded affidavits instead. 120 of the complaints were with regard to non payment of compensation (compensation calculated as follows; Rs.50,000 for married persons, Rs. 25,000 for persons over 21 and Rs. 15,000 for persons under 21 years). The final report was handed over to Chairman, HRC on 15 October 2007. The Daily News reports that the JVP, LTTE, police and army officers have been found to be responsible while insufficient evidence and departmental changes prevent criminal action being instituted against the latter state officials. Only 29.41% percent of the 2210 cases were investigated. See “Committee to Inquire into disappeared and mission persons”, Daily News, 29 October 2007, available at . Further the HRC has stated that as at September 2007 the HRC had a backlog of 4500 cases which have been distributed among investigating officers, having cleared a backlog of 9000 cases from the former Commission. See Visit of Louise Arbour: RCSL clarifies, Daily News, 05 November 2007, available at 214. Not implemented. 139
INTRODUCTION PART 3 RECOMMENDATIONS OF OTHER COMMISSIONS OF INQUIRY The following is a compilation of the recommendations of six Commissions of Inquiry including: (1) the Commission to Inquire into the Assassination of S.W.R.D. Bandaranaike; (2) the Commission of Inquiry into Incidents which Took Place between 13th August and 15th September, 1977; (3) the Presidential Commission of Inquiry into the Kokkadicholai Incident; (4) the Commission of Inquiry into Unlawful Detention and Torture at the Batalanda Housing Scheme; (5) the Commission of Inquiry into the Massacre at Bindunuwewa Rehabilitation Centre; and (6) Presidential Truth Commission on Ethnic Violence (1981 – 1984). These six Commissions span three decades; the first was created in 1963, and the last was created in 2001. The commissions address a number of diverse themes and, as such, are more difficult to compare than the recommendations of the disappearance Commissions. Consequently, we have not attempted to merge the recommendations of these six Commissions into one table. Rather, the recommendations of each Commission have been organized in separate tables, within which they have been further grouped thematically. Despite the distinct nature of each Commission, certain trends emerge, including recommendations calling for accountability through legal or disciplinary procedures. Although such recommendations have been a persistent product of commissions of inquiry, they have failed to impact the enduring culture of impunity. 140
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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
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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 156 and 157: MISCELLANEOUS CATEGORY OF REC RECOM
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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