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

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