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

SUMMARY OF RECOMMENDATIONS:
Although the Commission found that the conduct of the soldiers “comes
under Civil Law—Penal Law offences under the Penal Code,” it goes
on to recommend that “the Army should make its own investigations
and that action be taken under the Military Law against the Army men
who committed these crimes.” 28
Recommendations for exact amounts of compensation to be given to
particular classes of victims and dependents are set out in the final
report. 29
As to steps that could be taken to prevent such happenings from
taking place in the future, the Commission limits itself to a vague
recommendation that “the Members of the Armed forces be given
intensive instructions and the Army men be trained not to indulge in,
or execute extra-military or non-military acts of this kind.” 30
28.
Kokkadicholai Report, p. 6. Reportedly, “[t]he case was turned over to the military for
investigation, and in early August 1992 the government reported that soldiers involved in
the Kokkadicholai massacre faced possible court-martial. On October 28, the commander,
Lieutenant H.I.S. Kudaligama, was found guilty of ‘allowing his soldiers to use their weapons’
in the massacre and allowing them to dispose of the bodies. The nineteen soldiers implicated
were acquitted, reportedly for lack of evidence. Informed sources told Asia Watch that the
military command was reluctant to pursue the prosecution of soldiers in this case because
Sri Lankan troops were already so demoralized by the deaths in August of General Denzil
Kobbekaduwa, head of military operations in the north, and eight other senior officers whose
vehicle detonated an LTTE land mine in northern Sri Lanka.” Human Rights Watch, http://
www.hrw.org/reports/1993/WR93/Asw-10.htm. Nonetheless, the Officer-in-Charge was
reportedly convicted on the lesser charges of failing to control his troops and disposing of
bodies illegally. Nissan, Elizabeth “Impunity”, State of Human Rights 1994, Law & Society
Trust, 1995, p.106 at 113.
29.
Compensation is set forth according to the following categories: (1) compensation payable to
the dependants of those killed and burnt in the crater; (2) compensation payable to the survivors
of those killed in the house and mill premises of Kumaranayagam; (3) compensation payable
to civilians whose houses were completely burnt by the soldiers; (4) compensation payable to
the civilians whose houses were partly damaged or burnt and whose possessions were stolen;
(5) compensation payable to those seriously injured by the soldiers; and (6) compensation
payable to the owner of the tractor borrowed by the soldiers, which was blown up as a result
of the explosion. Kokkadicholai Report, p. 1.
30.
Kokkadicholai Report, p. 6
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