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

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BRIEF STATEMENT OF FACTS: During the final years of the Prime Minister’s life, there had been a growing factional struggle within his party, the Sri Lanka Freedom Party (SLFP), and “a number of influential persons within the government were suspected of murder and complicity in the murder.” 4 It is against this backdrop that the Commission was appointed to inquire into whether there was a wider political plot to assassinate the Prime Minister. This Commission is noteworthy as one of the few commissions appointed to inquire into a political assassination under the Commission of Inquiry Act of 1948. Two of the three commissioners were from outside of Sri Lanka. The Commission was appointed four years after the assassination of the late Prime Minister, and long after the prosecutions of six persons on charges of murder and conspiracy had been successfully concluded. Thus the Commission’s report provides a unique perspective on balancing parallel, and possibly competing, processes – i.e., judicial proceedings and commissions of inquiry. SUMMARY OF FINDINGS: In answering the question as to whether any organized body of persons was directly or indirectly involved in the plot, which in the view of the Commission was “the most important and far-reaching” 5 question of the Terms of Reference from which all other questions derived, the Commission answered in the negative. Interestingly, the Commission was constituted after prosecutions had been concluded by the State and sentences passed. Commissioners 4. Rajasingham, K.T. “Sri Lanka the Untold Story”, http://www.atimes.com/ind-pak/Cl01Df05. html 5. Bandaranaike Report, p. 11. 7
were cognizant of the dilemma presented by this situation, and thus the inquiry did not encompass the persons already tried by Court, whether convicted or acquitted. “It could not have been otherwise. It was unreasonable to have expected the Commission of Inquiry to reexamine the questions which had been finally decided by an order of the highest judicial authority of the Country.” 6 It therefore proceeded on the case “as finally established in the Court proceedings as a fixed basis.” 7 With regard to the individuals acquitted by Court, the Commission was of the view that “as they had both faced a long inquiry followed by a long trial in a criminal court, we [the Commission] felt that they should be permitted to enjoy the results of the verdict they were able to obtain in the Court proceedings and that they should not be vexed a second time at our inquiry.” 8 The Commission envisaged serious consequences stemming from any adverse findings. The Report states that, “the functions that devolve on us by our present Commission are substantially not dissimilar to those that devolve on a Court or other judicial tribunal. For that reason and also on account of the circumstance that the consequence of adverse findings by us can be serious or damaging to individuals, we decided to adhere, so far as practicable, to procedure obtaining in a Court of Justice.” 9 SUMMARY OF RECOMMENDATIONS: The Report does not include any specific recommendations apart from the recommendation that the law on contempt be amended in relation to its application to Commissions of Inquiry. 10 6. Bandaranaike Report, p. 8. 7. Bandaranaike Report, p. 8. 8. Bandaranaike Report, p. 12. 9. Bandaranaike Report, p. 10. 10. “…we think it necessary, in order to enable [commissioners] to perform their functions efficiently and with independence and so better secure the public interest, to extend the definition of contempt against or in disrespect of the authority of the Commission to certain other acts or omissions….” Bandaranaike Report, p. 5. 8
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 24 and 25: PART 1 REPORTS OF THE COMMISSIONS E
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
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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
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(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
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and the LTTE were unsuccessful. Spe
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INVESTIGATIONS CATEGORY OF REC RECO
Page 104 and 105:
The investigations into the persons
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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
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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
Page 120 and 121:
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
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Law Reform Article 17 and 126 of th
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RELIEF AND REHABILITATION CATEGORY
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Legislative provision be made for e
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The finding of a Disappearance Comm
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Though providing relief to those wh
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Public Relief Schemes to provide pu
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Emotional Rehabilitation Death Cert
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Special Mechanisms Advisory Service
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SPECIFIC ACTORS/ GROUPS CATEGORY OF
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MISCELLANEOUS CATEGORY OF REC RECOM
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That each of the complaints not com
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TABLE OF RECOMMENDATIONS OF OTHER C
Page 162 and 163:
REPORT ON INCIDENTS WHICH TOOK PLAC
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(6) Economic stagnation and unemplo
Page 166 and 167:
Whatever may be the rule in this is
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Finally, I would recommend that the
Page 170 and 171:
REPORT OF THE PRESIDENTIAL COMMISSI
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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
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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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