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

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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 19
4. SRI LANKA’S COMMISSIONS OF INQUIRY INTO INVOLUNTARY REMOVALS AND DISAPPEARANCES: PRECEDENTS 4.1 PRESIDENTIAL COMMISSIONS OF INQUIRY INTO INVOLUNTARY REMOVALS OF PERSONS: PRESIDENT PREMADASA (1991, 1992, 1993) It has been reported that the first commission of inquiry into “disappearances,” though not named as such, was created under President Premadasa in January 1991 31 . The Commission of Inquiry into Involuntary Removals of Persons was followed by two others, also appointed by President Premadasa, in 1992 and 1993. 32 Despite the fact that the first Commission was created just after the Bheeshanaya (or Reign of Terror), during which tens of thousands of people disappeared in Sri Lanka, it and its two successor commissions were not mandated to inquire into past acts. Instead, their mandates were to inquire into acts – so called involuntary removals – that had not 31. The Gazette of the Democratic Socialist Republic of Sri Lanka, Extraordinary, No. 644/27 of January 11, 1991. According to the Schedule A, the Commission was to inquire into allegations “that persons are being involuntarily removed from their places of residence by persons unknown” and report on the following: (i) any complaints of such alleged removal, and/or the subsequent lack of information of the whereabouts of the person or persons so removed; (ii) the evidence available to establish the truth of such allegations; (iii) the present whereabouts of the person or persons so removed; (iv) the identity of the person or persons or groups responsible; (v) the evidence available to establish the truth of such allegations; (vi) the steps law to be taken against such persons responsible; (vii) whether such illegal acts took place by reason of any lack of legal provision in the present laws relating to law enforcement; (viii) the remedial measures necessary to prevent the future occurrence of such illegal activity. Schedule ‘A’, Extraordinary Gazette No. 644/27 of January 11, 1991. 32. Rather than extending the term of the mandate, which was time limited and confined to the twelve months following the date of the warrant, each year the Commission was given a new warrant to consider complaints of disappearances for another twelve months, for which they had seventeen months to do so. 20
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 36 and 37: (c) whether any action if any, agai
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
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
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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
Page 188 and 189:
The Argentinean Comisión Nacional
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the disappeared 291 and erection of
Page 192 and 193:
aware through public meetings, post
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