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

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yet occurred, thus suggesting that the creation of the Commissions was pretense. The effect was to render the Commissions ineffectual from the moment of their inception. In fact subsequently, in 1993, their warrants were revoked, thereby obfuscating their very existence. Reportedly, however, the Commission(s) “had submitted reports on at least one hundred and forty two cases of disappearance to successive presidents between January 1991 and the end of 1994. In some cases at least, the reports are believed to contain evidence implicating individual officers in perpetrating disappearances.” 33 4.2 PRESIDENTIAL COMMISSION OF INQUIRY INTO INVOLUNTARY REMOVALS: PRESIDENT WIJETUNGA (1993) After President Premadasa was assassinated on May 1, 1993, the then Prime Minister, D.B. Wijetunga, assumed power as President of Sri Lanka. Subsequently, on August 23, 1993, President Wijetunga revoked the warrants of the three prior Commissions of Inquiry and appointed another Commission into Involuntary Removals of Persons 34 . The mandate of this Commission was in respect of past involuntary removals – those occurring during the period of two of 33. Nissan, Elizabeth,“Impunity,” Sri Lanka State of Human Rights 1994 (Law & Society Trust, 1995), p. 114. 34. The Gazette of the Democratic Socialist Republic of Sri Lanka, Extraordinary, No. 784/1 of September 13, 1993. The Commission appointed by Wijetunga was mandated to inquire into the following: Schedule “A” (i) whether such illegal acts took place by reason of any lack of legal provision in the present laws relating to law enforcement; (ii) the remedial measures necessary to prevent the future occurrence of such illegal activity. Schedule “B” (i) any complaints of such alleged removals, and/or the subsequent lack of information of the whereabouts of the person or persons so removed; (ii) the credibility of such complaint; (iii) your recommendation as to whether or not further investigations into such complaints are warranted for the purpose of the institution of legal proceedings. 21
Premadasa’s three Commissions – and was comprised of all of the prior commissioners except the Chairman. Although the mandate was to inquire into past involuntary removals, the mandate was limited to the period 1991 – 1993 35 and thus failed to cover the period during which large scale disappearances had occurred (1987 – 1990). This raised serious and continuing questions of intent and suggested that the UNP regime, under which the violations had occurred, lacked the political will to inquire into rights violations committed during its reign. Although both Premadasa’s Commissions and Wijetunga’s Commission looked at the same time period, albeit from the different perspectives of ongoing violations versus past violations, substantive elements of the mandates were different. Reportedly, Premadasa’s Commissions were “criticized for employing slow procedures.” 36 The mandate of Wijetunga’s Commission was less rigorous, calling for the Commission to inquire into “the credibility” of complaints 37 as opposed to “the evidence available to establish the truth of such allegations” 38 ; and calling for the Commission’s “recommendation as to whether or not further investigations into such complaints are warranted for the purpose of the institution of legal proceedings” 39 instead of “the identity of the person or persons or groups responsible” 40 and “the steps at law to be taken against such persons responsible.” 41 35. The Commission was called upon “to inquire into and obtain information and report in respect of the period commencing 11th January, 1991 until twenty-four months following upon the date hereof…” Exactly two years prior, on January 11, 1991 President Premadasa signed the Warrant creating the first Commission on Involuntary Removals. 36. Amnesty International, “Time for Truth and Justice: Observations and recommendations regarding the commissions investigating past human rights violations” (AI Index: ASA 37/04/95, April 1995). 37. Schedule ‘B’, ii, Extraordinary Gazette No. 784/1 ibid. 38. Schedule ‘A’, ii & v, The Gazette of the Democratic Socialist Republic of Sri Lanka, Extraordinary, No. 751/1 of January 25, 1993 39. Schedule ‘B’, iii, Extraordinary Gazette No. 784/1 ibid. 40. Schedule ‘A’, iv, Extraordinary Gazette No. 751/1. 41. Schedule ‘A’, vi, Extraordinary Gazette No. 751/1. 22
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 38 and 39: SUMMARY OF RECOMMENDATIONS: Althoug
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
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
Page 192 and 193:
aware through public meetings, post
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