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

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The Argentinean Comisión Nacional para la Desaparición de Personas - National Commission on the Disappearances of Persons (CONADEP) is another example of a commission of inquiry but with a more encouraging result. Also known as 'The Sábato Commission' of Argentina, this Commission of Inquiry documented almost nine thousand cases of disappearances and identified three hundred and sixty five torture and detention camps. As of January 2008, five of nine Juntas brought to trial were found guilty. However further prosecutions have proved prohibitive due to laws which provide immunity to military officers acting under orders. In a disturbingly similar vein, the Emergency Regulations of Sri Lanka 285 provides an immunity clause for acts carried out by security personnel under the regulations, or any order given under the regulations. No prosecution of either civil or criminal nature can be instituted against such acts of security personnel without the written consent of the Attorney General 286 . The recommendations of the Sabato Commission included the passing of laws to enable reparations. $3 billion was set aside for this task though actual distribution proved complex due to difficulties in proving detention without trial during the period. The Commission was established in 1983 and its work was concluded within nine months 287 . While its mandate was to collect and document evidence on the disappearances which took place from 1976 to 1983 under the rule of the Junta, its success may be attributable to the fact that it was given access to all government facilities and the Security Forces were ordered to co-operate with the Commission. The political will to at least partially implement the recommendations of the Commission forcibly puts in mind the importance of the support of the regime in power in successful reconciliation. This particular Commission was 285. Emergency Regulations, Reg. 73 [ER 2005]. 286. id. 287. Argentina- National Commission on the Disappearance of Persons, CSVR, ibid n. 283, available at http://www.justiceinperspective.org.za/index.php?option=com_content&task= view&id=74&Itemid=111. 169
made up of thirteen commissioners and sixty additional staff. The report given to the President by the Commission included a list of the military staff involved in the human rights abuses investigated under its mandate 288 . The Sri Lankan Commissions on Disappearances were faced with several issues in terms of procuring records and information maintained during the period under investigation. One of the recommendations of the All Island Commission on Disappearances for example was that police records be handed over to the Commission of Inquiry, and that the Criminal Investigation Unit be responsible for the safety of such information books and records 289 . The support system provided to the Argentinean Sabato Commission can be directly linked with its success in terms of fulfilling its mandate. The Guatemalan Comisión para el Esclaracimiento Histórico, Commission for Historical Clarification (CHC) had several points of similarity with some of the Sri Lankan Commissions of Inquiry. Established by law to examine human rights abuses during the armed conflict, the mandate of the Commission fell short of mandating it to judge those individuals who were credibly implicated. 290 The recommendations made by the Commission included formal recognition and apology by the President, a day of remembrance and erection of monuments in memory of the war victims, investigations into the Disappearances and exhumation programs. The 1994/1998 Commissions on Disappearances in Sri Lanka have made similar recommendations, particularly with regard to investigations on 288. The Sri Lankan Disappearances Commissions have also provided lists of individuals against whom credible evidence was available before the Commission. See for example the Northern Final Report, p.62. 289. All Island Final, p. 83. 290. Guatemala- Comisión para el Esclaracimiento Histórico, CSVR, ibid n. 283, available at http://www.justiceinperspective.org.za/index.php?option=com_content&task=view&id=6 7&Itemid=142. 170
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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
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Emergency Regulations The utilizati
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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
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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 184 and 185: LEGAL PROCEEDINGS Prosecutions The
Page 186 and 187: ACTORS Vetting The establishment of
Page 190 and 191: the disappeared 291 and erection of
Page 192 and 193: aware through public meetings, post
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