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

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SSP TAB TELO TUF TULF TYL UN UNHRC UNICEF UNP UNWG US UTHR of law reports] Senior Superintendent of Police [upper rank officers having wide range of powers] Trial-at-Bar Tamil Eelam Liberation Organization Tamil United Front Tamil United Liberation Front Tamil Youth League United Nations United Nations Human Rights Committee United Nations Childern’s Fund United National Party United Nations Working Group United States University Teachers for Human Rights xv
Preface Sri Lanka has constituted Commissions of Inquiry during past decades as instruments to investigate and prevent human rights abuses. However, whether these Commissions of Inquiry established by successive political regimes in Sri Lanka ever visualized justice, truth and reconciliation for victims as core objectives of their work, is a pertinent question. The failure to investigate un-inquired cases, the lack of public faith in the commission proceedings, the reluctance of victims to look to the law and Commission processes for relief all point to the fact that Commissions of Inquiry in Sri Lanka have been more political exercises than genuine attempts to reconcile a traumatized nation. To many observers and advocates of human rights in Sri Lanka, the lack of political will in terms of implementing the recommendations of Commissions of Inquiry has been a foregone conclusion. Presidential commissions of inquiry have become part of the impunity apparatus; an expedient mechanism to divert unwanted attention by providing a veneer of accountability. Despite the obvious failure of prior commissions to lead to prosecutions and to necessary legal and institutional reform, commissions have been mostly supported by civil society, (and prominent members of civil society who agree to sit on such commissions), as if commissions of inquiry represent a meaningful approach to accountability. As a reference tool, this publication does not provide analyses of the prior commissions or their reports. Nonetheless, certain lessons and trends are revealed. An examination of the reports of commissions of inquiry from 1963 to 2002 reveals that Sri Lanka’s numerous Presidential Commissions of Inquiry into rights violations have been created to fulfill multiple stated and unstated objectives. The purpose of most commissions – the creation of a fact-finding or truth seeking body that will promote justice for a past injustice or past injustices – has rarely, if ever, been fulfilled. The Commissions, in some cases, have facilitated the granting of compensation. They have rarely led to prosecutions and have failed to counter impunity. They have failed to deter further grave violations of human rights. xvi
Page 2 and 3: A LEGACY TO REMEMBER; SRI LANKA’S
Page 4: DEDICATION For all the named and un
Page 8 and 9: Table of Contents Abbreviations ...
Page 10: Returned detainees ................
Page 13 and 14: CGR CRM CSU CTB DDC DIG DIU DNA DPP
Page 15: NSSP OIC O Level P.C. PCIIRP PLOTE
Page 19 and 20: xviii
Page 21 and 22: It comprises summaries of the final
Page 24 and 25: PART 1 REPORTS OF THE COMMISSIONS E
Page 26 and 27: BRIEF STATEMENT OF FACTS: During th
Page 28 and 29: 2. PRESIDENTIAL COMMISSION OF INQUI
Page 30 and 31: violence by the UNP and their allie
Page 32 and 33: The Commission’s perspective mirr
Page 34 and 35: 3. PRESIDENTIAL COMMISSION OF INQUI
Page 36 and 37: (c) whether any action if any, agai
Page 38 and 39: SUMMARY OF RECOMMENDATIONS: Althoug
Page 40 and 41: yet occurred, thus suggesting that
Page 42 and 43: The differences in the mandate may
Page 44 and 45: 5. SRI LANKA’S COMMISSIONS OF INQ
Page 46 and 47: However, when the President was ask
Page 48 and 49: 5.1.4 The Timeframe Under Review Co
Page 50 and 51: Commissions used standard complaint
Page 52 and 53: Justice does not simply mean the pu
Page 54 and 55: REPORT TITLE : (a) whether any pers
Page 56 and 57: There appears to be very little pro
Page 58 and 59: 5.3 COMMISSION OF INQUIRY INTO THE
Page 60 and 61: BRIEF STATEMENT OF FACTS: The Commi
Page 62 and 63: These two problems unless handled w
Page 64 and 65: REPORT TITLE : (b) the evidence ava
Page 66 and 67:
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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8. PRESIDENTIAL COMMISSION OF INQUI
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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
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General The Commission feels that o
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Principles of procedural fairness i
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Recognise criminal liability of off
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If any perpetrator is alleged to ha
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Habeas Corpus Adverse finding in a
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Amnesty An amnesty be given to witn
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Magistrate’s Court - Special Divi
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PUNITIVE MEASURES CATEGORY OF REC F
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Human rights records of members of
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(v) A written record of such inform
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Detention Inspector General of Poli
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Magistrates be empowered to require
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The Prison Rules to apply to all de
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Emergency Regulations The utilizati
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LEGAL REFORM CATEGORY OF REC RECOMM
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Law Reform Article 17 and 126 of th
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RELIEF AND REHABILITATION CATEGORY
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Legislative provision be made for e
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The finding of a Disappearance Comm
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Though providing relief to those wh
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Public Relief Schemes to provide pu
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Emotional Rehabilitation Death Cert
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Special Mechanisms Advisory Service
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SPECIFIC ACTORS/ GROUPS CATEGORY OF
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MISCELLANEOUS CATEGORY OF REC RECOM
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That each of the complaints not com
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TABLE OF RECOMMENDATIONS OF OTHER C
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REPORT ON INCIDENTS WHICH TOOK PLAC
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(6) Economic stagnation and unemplo
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Whatever may be the rule in this is
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Finally, I would recommend that the
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REPORT OF THE PRESIDENTIAL COMMISSI
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REPORT OF UNLAWFUL DETENTION AND TO
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It would be appropriate that, Repre
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Ample evidence has been elicited at
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Time Period 258 It is recommended t
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Security In view of the experience
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Non-governmental Organisations Evid
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LEGAL PROCEEDINGS Prosecutions The
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ACTORS Vetting The establishment of
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The Argentinean Comisión Nacional
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the disappeared 291 and erection of
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aware through public meetings, post
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sri lanka's commissions of inquiry - Law & Society Trust

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