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

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Ample evidence has been elicited at the inquiry to the effect that the administration was partly responsible for the creation of the situation and as such it is desirable that the conduct of the following officers also is enquired into at such inquiry. 1.Capt.Y.K.Abeyratne former Officer-in-Charge, Bindunuwewa Rehabilitation Centre. 2.Lt.P.Abeyratne Second Officer, Bindunuwewa Rehabilitation Centre. 250 REHABILITATION Repeal of Regulation 20 A (1) Section 20A (1) provides that a person who surrenders "through fear of terrorist activities" be sent for rehabilitation. There is no moral basis to keep a person who surrenders through fear of terrorist activities to be kept under any form of custody whether under the custody of the Commissioner-General of Rehabilitation or otherwise. 251 It could well be an infringement of human rights. Therefore I strongly recommend that this provision in the Regulation be repealed. 252 Detainees v. Surrendees 250. Commission Report, 2001, p.206 (15). 251. ‘In the case of Sinnatamby Rajendran, I have come to the conclusion that there is justification in his posing the question "why am I kept in a Rehabilitation Centre?”, Commission Report, 2001, p.200 (4). 252. Commission Report, 2001, p.200 (4). 157
Ascertaining Identity 253 It is recommended that this Regulation 254 be amended and appropriate provision made to enable the authorities to make a proper screening for ascertaining their involvements in terrorist activities prior to the recommendation by the Committee. It is also recommended that proper guidelines be made available to the Committee. The Regulation should contain mandatory provisions that the decision be made within a particular time limit. 255 Separate Housing 256 It is recommended that detainees and surrendees be separately housed as required by the Regulations. This would enable the authorities to provide security appropriate to each category for the reason that both categories may not require the same degree of security. 257 253. “In the case of a surrendee, the fact of surrender is the determining factor in considering the suitability for rehabilitation. A statement made by the surrendee to the effect that he voluntarily surrendered and the certification that the surrender was voluntary by the officer or person to whom the surrender was made, qualifies such person for admission to a Rehabilitation Centre. I have discussed in my report the dangers involved in adopting such a procedure.”, p.199. 254. The Amendment to Emergency (Misc. Provisions and Powers) Regulation, 12 September 2006. 255. Commission Report, 2001, p.199 (2). 256. Commission Report, 2001 “The distinction between the detainees and the surrendees is well recognised by the Emergency Regulations. The Centres where, surrendees are to be rehabilitated are referred to as “Protective accommodation and Rehabilitation Centres” in the Regulation 20C [authors note: also see Regulation 22(3) in the Amendment to Emergency (Misc. Provisions and Powers) Regulation, 12 September 2006.], whereas centres for Rehabilitation of the detainees are referred to as “Youth Development and Training Centres” in the Regulation 20B.However, in practice we find one centre functioning on the lines of both types. This is a clear violation of the provisions made under the said Regulations.”, p.198. 257. Commission Report, 2001, p.199 (1). 158
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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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Human rights records of members of
Page 126 and 127: (v) A written record of such inform
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Page 130 and 131: Magistrates be empowered to require
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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 172 and 173: REPORT OF UNLAWFUL DETENTION AND TO
Page 174 and 175: It would be appropriate that, Repre
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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