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

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5.3 COMMISSION OF INQUIRY INTO THE INVOLUNTARY REMOVAL OR DISAPPEARANCE OF PERSONS IN THE NORTHERN & EASTERN PROVINCES WARRANT NO. : P.O. No. SP/6/N/193/94 DATE APPT’D : 30 November 1994 BY : President Chandrika Bandaranaike Kumaratunga COMPRISING : Krishnapillai Palakidner, Esq. , Chairman Luwisdura Walter Romulus Widyaratne Esq. Dr. Wedaarachchi Nawalage Wilson Assisted By: Mr. SC Manicavasagar, Secretary Mr. VS Ganeshalingam, Esq., Legal Officer Mr. A. Punithanayagam, Esq., Legal Officer There is no reference in the report to assistance by the Attorney General’s Department. MANDATE : to inquire into and report on the following matters: (a) whether any persons have been involuntarily removed or have disappeared from their places of residence in the Northern Province and Eastern Province at any time after January 1, 1988; (b) the evidence available to establish such alleged removals or disappearances; (c) the present whereabouts of the persons alleged to have been so removed, or to have disappeared; 39
40 (d) whether there is any credible material indicative of the person or persons responsible for the alleged removals or disappearances; (e) the legal proceedings that can be taken against the persons held to be so responsible; (f) the measures necessary to prevent the occurrence of such alleged activities in the future; (g) the relief, if any, that should be afforded to the parents, spouses and dependents of the persons alleged to have been so removed or to have so disappeared; and to make such recommendations…. REPORT TITLE : Final Report of Commission of Inquiry into the Involuntary Removal or Disappearance of Persons in the Northern and Eastern Provinces DATED : September 1997 CONTENTS : The Final Report of the Commission is broken down into 10 chapters, 8 of which cover the eight districts that fall within the geographic jurisdiction of the Commission (i.e., Trincomalee, Batticaloa, Amparai, Kilinochchi, Mannar, Vavuniya, Mullaitivu, and Jaffna). The Report includes statistical information, as well as short descriptions of some of the cases reported to the Commission. Throughout the Report, those alleged to be responsible for the abuses are named. A list of 48 names of those alleged to be responsible is included as Annexure ‘E’ of the Final Report. Other annexures provide information (mostly lists of names) about particular incidents and copies of communications with relevant authorities.
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A LEGACY TO REMEMBER; SRI LANKA’S
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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 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 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
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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
Page 122 and 123:
PUNITIVE MEASURES CATEGORY OF REC F
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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
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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
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Though providing relief to those wh
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Public Relief Schemes to provide pu
Page 150 and 151:
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
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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
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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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