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

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5.1.4 The Timeframe Under Review Covered Both Past and Present Violations Although the mandate specified that it covered the period commencing on January 1, 1988, it did not specify an end date for complaints. Thus, the mandate did not confine the Commissions’ work to past violations. In some cases, particularly the North East Commission, the Commissions were examining past violations under the prior Government, while simultaneously looking into ongoing violations in a deteriorating political and human rights situation under the current Government. After the PA Government’s peace efforts collapsed in 1995, disappearances and extrajudicial killings began again. In Colombo, bodies of young Tamil men appeared in Bolgoda Lake with clear signs that they had been tortured and extra-judicially executed. After the Government captured Jaffna from the LTTE in 1995, disappearances emerged there. Reports varied from three hundred to six hundred and forty eight disappearances in Jaffna in the period between 1995 and 1997. 51 Disappearances were also reported from the East. During this time, Amnesty International recorded the highest number of disappearances since the peak of the Bheeshanaya in 1990. 52 Thus, on one hand was an escalation of the armed conflict and an increase in human rights violations, including disappearances, while on the other hand, three Commissions of Inquiry into Disappearances held their sittings and considered, among other things, prevention of the very abuses that were being committed almost daily, by many of the same actors named in the inquiries of the Commissions. This raised practical challenges for the North East Commission, which recorded complaints of disappearances as late as 1995, but could not hold sittings in some areas due to the prevailing security situation. 51. Nissan Elizabeth, “Integrity of the Persons” Sri Lanka State of Human Rights Report 1997 (Law & Society Trust 1998), p. 11 at 14. 52. Amnesty International, Sri Lanka: “Highest Number of “Disappearances” Reported since 1990,” AI Index: ASA 37/10/97, 11 April 1997. 29
Unlike other Commissions this Commission had to investigate disappearances in areas of Military operations. The Commission had to either cancel several sittings or postpone them due to the unsettled conditions caused by the ground situation…. In fact we were advised by the President’s office on 10.12.96 not to go to Jaffna to hold inquiries as conditions were not conducive for holding public inquiries. 53 It must be noted that the advise from the President’s office coincided with a sharp increase in the number of cases of disappearances in Jaffna. 54 5.1.5 The Establishment of Three Independent Commissions Undermined the Efficacy of The Commissions The Commissions into Involuntary Removals and Disappearances were created as three independent commissions, each with the same mandate, but covering three geographically distinct areas. The separation of the mandate according to geography and the creation of three independent Commissions resulted in vastly different procedures, findings and recommendations. Although the mandates were the same for all three, there was no unified procedural framework for tackling the mandate. So, for example, the Southern Commission held all of its sittings, with the exception of the Richard de Soysa case, in camera, whereas the other two Commissions only used in camera proceedings when requested by the complainant. Further, two of the three Commissions initially limited the time period for the receipt of complaints to one month and then subsequently extended it. Additionally, two of the 53. Final Report of Commission of Inquiry into the Involuntary Removal or Disappearance of Persons in the Northern & Eastern Provinces, Sessional Paper No. VII, September 1997, p. 5. 54. Numbers vary for that time period. According to Amnesty International, approximately five hundred and forty people disappeared after being arrested by the army in mid-1996. Atapattu, Sumudu, “Integrity of the Person”, Sri Lanka State of Human Rights 1998 (Law & Society Trust, 1999), p. 12. 30
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 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 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
Page 96 and 97: suggestive of a pattern of reprisal
Page 98 and 99:
All the circumstances pertaining to
Page 100 and 101:
and the LTTE were unsuccessful. Spe
Page 102 and 103:
INVESTIGATIONS CATEGORY OF REC RECO
Page 104 and 105:
The investigations into the persons
Page 106 and 107:
104. Not implemented. 105. Not adhe
Page 108 and 109:
General The Commission feels that o
Page 110 and 111:
Principles of procedural fairness i
Page 112 and 113:
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
Page 118 and 119:
Amnesty An amnesty be given to witn
Page 120 and 121:
Magistrate’s Court - Special Divi
Page 122 and 123:
PUNITIVE MEASURES CATEGORY OF REC F
Page 124 and 125:
Human rights records of members of
Page 126 and 127:
(v) A written record of such inform
Page 128 and 129:
Detention Inspector General of Poli
Page 130 and 131:
Magistrates be empowered to require
Page 132 and 133:
The Prison Rules to apply to all de
Page 134 and 135:
Emergency Regulations The utilizati
Page 136 and 137:
LEGAL REFORM CATEGORY OF REC RECOMM
Page 138 and 139:
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
Page 146 and 147:
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
Page 160 and 161:
TABLE OF RECOMMENDATIONS OF OTHER C
Page 162 and 163:
REPORT ON INCIDENTS WHICH TOOK PLAC
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(6) Economic stagnation and unemplo
Page 166 and 167:
Whatever may be the rule in this is
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Finally, I would recommend that the
Page 170 and 171:
REPORT OF THE PRESIDENTIAL COMMISSI
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REPORT OF UNLAWFUL DETENTION AND TO
Page 174 and 175:
It would be appropriate that, Repre
Page 176 and 177:
Ample evidence has been elicited at
Page 178 and 179:
Time Period 258 It is recommended t
Page 180 and 181:
Security In view of the experience
Page 182 and 183:
Non-governmental Organisations Evid
Page 184 and 185:
LEGAL PROCEEDINGS Prosecutions The
Page 186 and 187:
ACTORS Vetting The establishment of
Page 188 and 189:
The Argentinean Comisión Nacional
Page 190 and 191:
the disappeared 291 and erection of
Page 192 and 193:
aware through public meetings, post
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