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

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PART 1 REPORTS OF THE COMMISSIONS EXECUTIVE SUMMARIES This Part provides an introduction to the work of commissions of inquiry in Sri Lanka. Included are summaries of fourteen commissions of inquiry on various issues of human rights, and two special mechanisms on disappearances. The summaries of the commissions have been organized chronologically, beginning with the 1963 Commission to Inquire into the Death of Prime Minister S.W.R.D. Bandaranaike and ending with the 2001 Presidential Truth Commission on Ethnic Violence (1981 - 1984). Following the summaries of the commissions, are summaries of two special mechanisms on disappearances, the 1996 Ministry of Defense Board of Investigation into Disappearances and the National Human Rights Commission’s 2002 Committee on Disappearances. As revealed by the dominance, in this list, of disappearance commissions and mechanisms to probe such incidents, disappearances have been a persistent topic of inquiry by commissions on inquiry in Sri Lanka. As such, these mechanisms are of particular relevance in determining the effect and/or utility of such inquiries, particularly at a time when disappearances and political killings have become, once again, all too commonplace in Sri Lanka. 1. REPORT OF THE COMMISSION TO INQUIRE INTO THE DEATH OF PRIME MINISTER S.W.R.D. BANDARANAIKE WARRANT NO. : G.-G. O. No. N. 101/63 DATE APPT’D : 28th June 1963 BY : William Gopallawa, Governor-General of Sri Lanka 5
COMPRISING : Thusew Samuel Fernando, Judge of the Supreme Court of Ceylon Adel Younis, Judge of the Court of Cassation, United Arab Republic G.C. Mills-Odoi, Judge of the Court of Appeal, Ghana Assisted By: Mr. J.R.M. Perera, Crown Counsel (Secretary) Mr. A.C. Alles, Solicitor General Mr. R.S. Wanasundera, Department of the Attorney General Mr. R.I. Obeysekera, Department of the Attorney General MANDATE : A very narrow and specific mandate, which included ten questions to determine whether there was a wider political plot to assassinate S.W.R.D. Bandaranaike. REPORT TITLE : Report to His Excellency the Governor- General by the Commission Appointed in Terms of the Commissions of Inquiry Act to Inquire into and Report on Certain Matters Connected with the Assassination of the Late Prime Minister Solomon West Ridgeway Dias Bandaranaike DATED : March, 1965 CONTENTS : 61 page Report. Part I presents an overview of the Commission’s mandate, procedures, historical context and findings. Part II examines the responsibility, in turn, of six individuals. 6
Page 2 and 3: A LEGACY TO REMEMBER; SRI LANKA’S
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 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
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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
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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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