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

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It would be appropriate that, Representatives of the people consider developing and adopting a ‘Code of Conduct’ for themselves. In the event of a Representative of the people (such as a Member of Parliament or Member of a Provincial Council) being found guilty for having violated the afore-mentioned Code of Conduct, it is recommended that the other Members of the relevant forum be entitled to move for the impeachment of the guilty Member. Upon such impeachment, the relevant Member shall cease to be a Representative for a specific period. 248 248. Commission Report, 1992, p.124-(1). 155
REPORT OF THE MASSACRE AT BINDUNUWEWA REHABILITATION CENTRE, 2001 CATEGORY OF REC RECOMMENDATION LEGAL PROCEEDINGS Prosecutions … [I]t is incumbent upon the State to apprehend and punish the perpetrators of these crimes committed at Bindunuwewa on 25.10.2000. 249 A confidential cover containing a list of the suspects against whom indictment will be forwarded was produced before the Commission and is annexed to this Report. PUNITIVE MEASURES Disciplinary Action Having considered the totality of evidence led before me, I have come to the conclusion that the conduct of the following officers on 25.10.2000, should be the subject of a disciplinary inquiry, for the reason that their inaction, and attitude at the time of the incident is indefensible. There is ample evidence that they were present at the time of the incident and made no effort either to avert the attack or to disperse the mob and arrest the offenders. 1.A.W.Dayaratne (Assistant Superintendent of Police) 2.R.M.T.K.Jayantha Seneviratne (Chief Inspector) 3.S.J.Karunasena (Inspector of Police) 4.N.G.S.Walpola (Sub Inspector) 5.P.Ratnayake (Sub Inspector) 6.K.W.C.N.Abeynarayana (Sub Inspector) 249. ‘At the hearing before the Commission, the learned Deputy Solicitor General stated that the Honourable Attorney General, having considered the notes of investigation, has already decided to forward indictment against some suspects’ Commission Report, 2001, p.206 –207 (16). 156
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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
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PUNITIVE MEASURES CATEGORY OF REC F
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Page 134 and 135: Emergency Regulations The utilizati
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Page 138 and 139: Law Reform Article 17 and 126 of th
Page 140 and 141: RELIEF AND REHABILITATION CATEGORY
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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
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Page 176 and 177: Ample evidence has been elicited at
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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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