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

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(c) whether any action if any, against any members of Armed Forces, should be under Military Law or normal Civil Law, (d) whether the incidents in paragraph (2) above resulted from any action taken by persons other than any members of the Armed Forces, and if so, by whom such action had been taken, (e) what compensation would suffice to make reparation for any financial loss suffered by any civilian inhabitants in the villages of Mahiladitivu, Mudhaaikuda, and Munaikadu, in the Batticaloa District, as a consequence of the incidents referred to in paragraph (2) above, (f) what steps should be taken to prevent the recurrence of any such similar incident. 24 REPORT TITLE : Final Report of the Presidential Commission of Inquiry into the Kokkadicholai Incident DATED : 9th March 1992 CONTENTS : 40 page Final Report, of which 7 pages are findings and 33 pages are schedules and annexures, to be read with the interim report, which addresses certain aspects of the mandate. BRIEF STATEMENT OF FACTS: On 12th June 1991 a landmine explosion killed two government soldiers and wounded another in the area of Kokkadicholai in Batticaloa District. 24. Kokkadicholai Report, Annexure 1 – Presidential Warrant, p. 23. 17
Later that day, attacks of three villages by government soldiers left at least sixty seven Tamil civilians dead, and another fifty six missing and presumed dead. In addition to the killings, women were raped, civilians were beaten and property was destroyed. Seventeen youth were taken to the crater left by the landmine explosion and reportedly shot and burned in the crater. 25 Six days after the incident, a Commission of Inquiry was appointed to inquire into the two incidents. SUMMARY OF FINDINGS: The Commission’s findings in the Kokkadicholai incident were published in an interim report and a final report. According to the final report, the interim report addressed paragraphs (a), (b) and (d) of the mandate – namely whether the two incidents were linked and whether government forces were responsible. The final report dealt with paragraphs (c), (e) and (f) of the warrant – prosecution, compensation and prevention respectively. 26 Most of the seven-page report and many of the schedules and annexures are devoted to the issue of compensation. A criticism of the Commission has been that “the terms of reference limited the scope of the inquiry, and the commissioners failed to use the full extent of their powers, thus failing to obtain all the information necessary to the inquiry.” 27 25. For a report of the incident, see “The Kokkadichcholai Massacre and After,” in University Teachers for Human Rights (Jaffna), The Debasement of Law and of Humanity and the Drift Towards Total War, 28 August 1991. http://www.uthr.org/Reports/Report8/chapter3. htm 26. Kokkadicholai Report, p. 1 27. Nissan, Elizabeth, “Impunity”, Sri Lanka State of Human Rights 1994, (Law & Society Trust, 1995), p.106 at 113. 18
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 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 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 84 and 85: 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
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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
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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
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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
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REPORT ON INCIDENTS WHICH TOOK PLAC
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(6) Economic stagnation and unemplo
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Whatever may be the rule in this is
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Finally, I would recommend that the
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REPORT OF THE PRESIDENTIAL COMMISSI
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REPORT OF UNLAWFUL DETENTION AND TO
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It would be appropriate that, Repre
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Ample evidence has been elicited at
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Time Period 258 It is recommended t
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Security In view of the experience
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Non-governmental Organisations Evid
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LEGAL PROCEEDINGS Prosecutions The
Page 186 and 187:
ACTORS Vetting The establishment of
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The Argentinean Comisión Nacional
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the disappeared 291 and erection of
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aware through public meetings, post
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sri lanka's commissions of inquiry - Law & Society Trust

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