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

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LEGAL PROCEEDINGS Prosecutions The perpetrators of ethnic violence whether they be members of the public [sic] the police, the armed forces or the public service be prosecuted whenever any ethnic violence occurs in the future. The government must on the occurrence of any ethnic violence in the future forthwith appoint a high level National Committee reflecting as far as possible an equivalent number of persons of all ethnic groups and comprising the attorney-General, Inspector General of Police Service Commanders, Secretaries to the Chairman of Human Rights Commission, the Civil Society and the Media charged with the task of ensuring immediate action on all ethnic related violence. The National Committee must ensure that there is no cover-up of prosecutions. 273 RELIEF/ RECONCILIATION Compensation The Government must pay full compensation to the victims (or their dependents) on the basis of the Commission’s Recommendations by publicly recognizing the trauma and sufferings the victims had to endure and as a warning to the perpetrators that economic destruction will be fully compensated: and strongly recommend that the government includes legal interest on the determined compensation as from 1983 till payment in full. 274 273. Commission Report, 2002, p.94 – 288(11). 274. Commission Report, 2002, p.93 – 288(8). 165
National Unity The President and the Prime Minister must give leadership to a new era of ethnic reconciliation and national unity. 275 The support and participation of the people of the country in the towns and villages must be obtained and sustained by the country’s leaders for the above purpose. 276 Legislation similar to the South African, Promotion of National Unity and Reconciliation Act No. 32 of 1995 be enacted to establish the legal framework for sustaining the process of ethnic reconciliation and to provide for the elimination of all forms of racism and ethnic related discriminations. 277 The leadership, support and cooperation of religious leaders, the civil society, the media, the schools the police and the armed forces be ensured in the process of reconciliation and national unity. 278 The national unity and ethnic amity be fostered with due regard and recognition for pluralism and diversity. 279 Truth Commissions be appointed mandating to cover ethnic violence during the post- 1948 period and to compensate all victims of ethnic violence and to achieve national unity and ethnic reconciliation. 280 275. Commission Report, 2002, p.93 – 288(1). 276. Commission Report, 2002, p.93 – 288(2). 277. Commission Report, 2002, p.93 – 288(3). 278. Commission Report, 2002, p.93 – 288(4). 279. Commission Report, 2002, p.93 – 288(5). 280. Commission Report, 2002, p.94 – 288(12). 166
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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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Magistrates be empowered to require
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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 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 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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