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

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TABLE OF RECOMMENDATIONS OF OTHER COMMISSIONS OF INQUIRY REPORT OF THE COMMISSION TO INQUIRE INTO AND REPORT ON ASSASSINATION OF S.W.R.D. BANDARANAIKE, 1965 CATEGORY OF REC RECOMMENDATION Contempt We consider it necessary to bring to your Excellency’s notice a deficiency in the legal provisions relevant to the Commissions of Inquiry appointed in terms of the Commissions of Inquiry Act. Section 12 of that Act enumerates the acts and omissions which constitute the offence of contempt against or in disrespect of the authority of the Commission. Particularly in cases where judges are appointed Commissioners under this Act, we thinks its necessary, in order to enable them to perform their functions efficiently and with independence and so better secure the public interest, to extend the definition of contempt against or in disrespect of the authority of the Commission to certain other acts and omissions. It is hardly necessary for us here to attempt to indicate the limits of the area of such extension. We may, however, take leave to point out that the legislature appears to have contemplated in 1958 an amendment of the law somewhat along the lines we have in mind. We gather that a Bill drafted about that time to amend the Commissions of Inquiry Act was not proceeded with for reasons of which we are unaware. The efficient performance of the work of the Commissions and the public interest alike demand the supplying of the present deficiencies of the relevant law. 215 215. Commission Report, 1965, p.5. 141
Evidence As we had not decided to take into account, as against any person whose conduct appeared to us to require examination, any information that could not be reproduced before us in the shape of evidence at our inquiry in the presence of the person or persons who might be affected by such information, the information contained in these anonymous and pseudonymous petitions had to be kept out of consideration in reaching our conclusions. 216 Procedure There is, of course, an implied statutory provision that natural justice must not be disregarded and an express statutory provision that any person who may be affected by the inquiry undertaken by the Commission is entitled to be represented by legal advisers of his choice. But once these safeguards are observed, there is sufficient elasticity in the permissible procedure to enable the Commissioners to adopt any procedure that is basically fair and just. 217 The functions that devolve on us by our present Commission are substantially not dissimilar to those that devolve on a Court or other judicial tribunal. For that reason and also on account of the circumstance that the consequences of adverse findings by us can be serious or damaging to individuals, we decided to adhere, so far as practicable, to procedure obtaining in a Court of Justice. 218 216. Commission Report, 1965, p.4. 217. Commission Report, 1965, p.10. 218. Commission Report, 1965, p.10. 142
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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
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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 158 and 159: That each of the complaints not com
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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