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

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A LEGACY TO REMEMBER; SRI LANKA’S COMMISSIONS OF INQUIRY 1963 - 2002 A Reference Guide to Commission Reports with a Tabulated List of Recommendations Edited by Kishali Pinto-Jayawardena LAW & SOCIETY TRUST SEPTEMBER 2010 i
© All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the Law & Society Trust. ISBN : 978-955-1302-27-6 Published by : Law & Society Trust 3 Kynsey Terrace, Colombo 08, Sri Lanka. T : +94 112 691228 & 2684845 F : +94 112 2686843 E : 1st@eureka.lk W : www.lawandsocietytrust.org September 2010 Printed by : Karunaratne & Sons (Pvt) Ltd. 67, UDA Industrial Estate, Katuwana Road, Homagama, Sri Lanka. ii
Page 4: DEDICATION For all the named and un
Page 8 and 9: Table of Contents Abbreviations ...
Page 10: Returned detainees ................
Page 13 and 14: CGR CRM CSU CTB DDC DIG DIU DNA DPP
Page 15 and 16: NSSP OIC O Level P.C. PCIIRP PLOTE
Page 17 and 18: Preface Sri Lanka has constituted C
Page 19 and 20: xviii
Page 21 and 22: It comprises summaries of the final
Page 24 and 25: PART 1 REPORTS OF THE COMMISSIONS E
Page 26 and 27: BRIEF STATEMENT OF FACTS: During th
Page 28 and 29: 2. PRESIDENTIAL COMMISSION OF INQUI
Page 30 and 31: violence by the UNP and their allie
Page 32 and 33: The Commission’s perspective mirr
Page 34 and 35: 3. PRESIDENTIAL COMMISSION OF INQUI
Page 36 and 37: (c) whether any action if any, agai
Page 38 and 39: SUMMARY OF RECOMMENDATIONS: Althoug
Page 40 and 41: yet occurred, thus suggesting that
Page 42 and 43: The differences in the mandate may
Page 44 and 45: 5. SRI LANKA’S COMMISSIONS OF INQ
Page 46 and 47: However, when the President was ask
Page 48 and 49: 5.1.4 The Timeframe Under Review Co
Page 50 and 51: Commissions used standard complaint
Page 52 and 53:
Justice does not simply mean the pu
Page 54 and 55:
REPORT TITLE : (a) whether any pers
Page 56 and 57:
There appears to be very little pro
Page 58 and 59:
5.3 COMMISSION OF INQUIRY INTO THE
Page 60 and 61:
BRIEF STATEMENT OF FACTS: The Commi
Page 62 and 63:
These two problems unless handled w
Page 64 and 65:
REPORT TITLE : (b) the evidence ava
Page 66 and 67:
egarding certain army camps. Includ
Page 68 and 69:
separate cover the list of names of
Page 70 and 71:
in the said Provinces. The cases in
Page 72 and 73:
commenced on the respective dates,
Page 74 and 75:
BRIEF STATEMENT OF FACTS: The All I
Page 76 and 77:
the liability of non-state armed gr
Page 78 and 79:
Led by Deputy Inspector General T.V
Page 80 and 81:
killings and human rights violation
Page 82 and 83:
8. PRESIDENTIAL COMMISSION OF INQUI
Page 84 and 85:
BRIEF STATEMENT OF FACTS: On 25th O
Page 86 and 87:
SUMMARY OF RECOMMENDATIONS: Recomme
Page 88 and 89:
(c) the nature and extent of the da
Page 90 and 91:
other sources, including many that
Page 92 and 93:
10 OTHER MECHANISMS 10.1. MINISTRY
Page 94 and 95:
Can the Board of Investigation acco
Page 96 and 97:
suggestive of a pattern of reprisal
Page 98 and 99:
All the circumstances pertaining to
Page 100 and 101:
and the LTTE were unsuccessful. Spe
Page 102 and 103:
INVESTIGATIONS CATEGORY OF REC RECO
Page 104 and 105:
The investigations into the persons
Page 106 and 107:
104. Not implemented. 105. Not adhe
Page 108 and 109:
General The Commission feels that o
Page 110 and 111:
Principles of procedural fairness i
Page 112 and 113:
Recognise criminal liability of off
Page 114 and 115:
If any perpetrator is alleged to ha
Page 116 and 117:
Habeas Corpus Adverse finding in a
Page 118 and 119:
Amnesty An amnesty be given to witn
Page 120 and 121:
Magistrate’s Court - Special Divi
Page 122 and 123:
PUNITIVE MEASURES CATEGORY OF REC F
Page 124 and 125:
Human rights records of members of
Page 126 and 127:
(v) A written record of such inform
Page 128 and 129:
Detention Inspector General of Poli
Page 130 and 131:
Magistrates be empowered to require
Page 132 and 133:
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 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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