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

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REPORT OF UNLAWFUL DETENTION AND TORTURE AT THE BATALANDA HOUSING SCHEME, 2000 CATEGORY OF REC RECOMMENDATION INVESTIGATIONS Judicial Investigations We are of the opinion that, in instances such as this [when there is belief that those responsible are Police Officers], it is appropriate to empower Judicial Officers (such as Magistrates) to cause necessary investigations and supervise the same, and forward the investigational findings to the Attorney General, for the consideration of the institution of criminal proceedings. Amongst other investigative powers, the relevant judicial authorities should be empowered to proceed to the relevant venue in which it is suspected that illegal activity is being perpetuated, and examine the same. In this regard, we recommend that, Your Excellency be pleased to appoint a Committee to consider formulating suitable amendments to the Code of Criminal Procedure Act, to implement the recommendations contained herein. 243 (3) LEGAL PROCEEDINGS Prosecutions We recommend that Your Excellency be pleased to direct the Inspector General of Police to cause comprehensive investigations into all complaints made to the Commission, with the view to instituting criminal proceedings in appropriate Courts of Law, against the relevant suspects. In this regard, Your Excellency maybe pleased to forward to the Inspector General of Police the Report of this Commission, along with the proceedings, the Notes of Investigations and other material pertaining to the investigations conducted by the Police Officers attached to the Commission. 244 243. Commission Report, 1992, p.125- (3). (Reference to number in ( ) hereinafter in the foontnotes is referable to the number of the recommendation in the Commission Report. 244. Commission Report, 1992, p.125- (4). 153
PUNITIVE MEASURES Disciplinary Action It is recommended that, Your Excellency be pleased to forward the Report of this Commission along with the proceedings to the relevant Disciplinary Authority and the Inspector General of Police, for the consideration of the institution of necessary disciplinary action against the relevant Police Officers. 245 LEGAL REFORM Supreme Court Jurisdiction We recommend that the Supreme Court be vested with suitable additional jurisdiction, to impose suitable sanctions in the form of ‘deprivation of civil rights’, on persons who are found to repeatedly violate basic Fundamental Rights of Citizens. 246 ACTORS Guidelines/ Codes of Conduct We recommend that Your Excellency be pleased to consider inviting Representatives of the People (such as Members of Parliament) to discuss these matters in detail, and propose a set of guidelines, applicable to politicians and Law Enforcements Officers, in their conduct during extra-ordinary situations, where there is a serious threat to peace and public order. If necessary, suitable amendment, to existing Laws, including the Constitution should be considered. In this process, it is recommended that, people and representatives of all social groups be given an opportunity to express their views. 247 245. Commission Report, 1992, p.125- (5). 246. Commission Report, 1992, p.124- (2). 247. Commission Report, 1992, p.124-(1). 154
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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
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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
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 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 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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sri lanka's commissions of inquiry - Law & Society Trust

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