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

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Security In view of the experience Sri Lanka had at Bindunuwewa, a well thought out perimeter security is required to prevent the recurrence of any "break in" situations or "break out" situations in a Rehabilitation Centre. Therefore, it is recommended that the perimeter security mechanism adopted in 1971 at Rehabilitation Centres for JVP surrendees be adopted in the Centre where LTTE detainees and surrendees are to be housed. Namely,to fix double barbed wire fences 5 to 6 feet apart with the middle section secured with criss-crossed barbed wire at ground level. Perimeter fences should be guarded from outside at chosen points by armed personnel. They should have clear instructions not to allow any outsider to get near the fence. Inmates of the camp should have clear instructions that they should not get close to the inner fence. The Gate Room should be established to control all entrances and exits to the Camp. It should be located at a suitable point on the perimeter fence. 264 It is desirable that a police post be established in the immediate vicinity of the Rehabilitation Camp but not inside the camp. It should be a point from where both the Rehabilitation Centre itself and the outside could be observed. It is advisable to have a staff consisting of at least an OIC, in the rank of Sub-Inspector, 2 Police Sergeants and 24 Police Constables with adequate transport, communication and allied facilities. The OIC and the other men should be hand-picked and be given sufficient training and instructions before they are posted. Standing orders and contingency plans spelling out what is to be done in an emergency should be established for the guidance of the men attached to the police post. Regular visits by supervisory officers to the police post must be made mandatory, for the reason that it would make it possible for any developments within the Rehabilitation Centre or outside be communicated to the authorities concerned for immediate action. 265 264. Commission Report, 2001, pp.202-203 (10) “In this regard I have taken into consideration the views expressed by a Senior Deputy Inspector- General of Police and a former Commissioner-General of Prisons. I also took into consideration the current thinking that the inmates should not get the feeling that they are living in an atmosphere of imprisonment.” Commission Report, 2001, p.203 (10). 265. Commission Report, 2001, p.203 (11). 161
I recommend that the surrendees and detainees selected for rehabilitation be housed in buildings made of permanent structures, so that the inmates could live with peace of mind. 266 I also emphasise the need to have a mechanism to gather information in and around the centre and to carry out continuous surveillance so that if any attempts are made to disrupt the Institution, prior knowledge will be available and effective measures could be taken by the authorities to avoid any such calamity. 267 Social Integration It is desirable to have a well thought out plan for follow up action after their release with support at community level to further reintegration with their families and community to prevent them being re-recruited. 268 ACTORS Staff It is further recommended that the staff selection criteria should include not only knowledge and skills in their particular fields but also attitudes. They should be people who have moderate views on the country's ethnic crisis and are willing to treat the inmates as misguided youth who could be rehabilitated and reintegrated to society. 269 266. ‘Walls of the buildings that housed inmates at Bindunuwewa were made of zinc sheets which easily gave into the mob attack from outside. Because the zinc sheets are inflammable the mob was able to set fire to the buildings easily. Had there been walls of a permanent nature the number of casualties and damage caused to the buildings would have been minimised.’ Commission Report, 2001, p.204 (12). 267. Commission Report, 2001, p.202 (9). 268. Commission Report, 2001, p.201 (5). 269. Commission Report, 2001, p.201 (7). 162
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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
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(v) A written record of such inform
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Detention Inspector General of Poli
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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 176 and 177: Ample evidence has been elicited at
Page 178 and 179: Time Period 258 It is recommended t
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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