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

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BRIEF STATEMENT OF FACTS: The Commission was one of three zonal Commissions appointed in 1994 to inquire into involuntary removals and disappearances since January 1, 1988. Unlike the other two zonal Commissions, the geographic area covered by the North East Commission was an area in an active state of war, which hindered the functioning of the Commission. As noted in the Final Report of the Commission: 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. On one occasion in Batticaloa, the Commission found shells zooming over the Circuit Bungalow where it stayed and heard the rattle of gun-fire for hours. On this occasion the LTTE attacked the Batticaloa Police Station in the heart of the town. 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. 61 SUMMARY OF FINDINGS: There is no aggregate analysis of the findings of the Commission in respect to the entire geographic jurisdiction of the Commission. Rather, the findings are framed in terms of the particular district and tend to be very case specific. Thus each district and, to some degree each incident, is isolated. Although patterns of abuse can be seen when reading the report as a whole, there has been little attempt to analyze patterns throughout the Report. Nonetheless, the Commission found that: According to the evidence recorded, ninety percent of the removals was ascribed to the security forces – Army, Navy, 61. Final Report, North East Commission, p. 5. 41
Airforce and the Police. LTTE also was responsible for its own share of removals. Other militant groups also are in the picture. The name of some officers come up often in the course of inquiries. Captain Suresh Cassim, Major Suraweera, ................. Richard Pieris of Trinco Police, Captain Munaz, Captain Palitha, Capt. Gunaratne, Major Majeed and Major Mohan of Kommathurai army camp in 1990. Captain GL Perera and Inspector Soyza of Ampara Police… 62 The Report does name the names in regard to whom credible evidence existed in regard to their implication in gross human rights violations. 63 In an apparent contradiction, however, the Report asserts that “on exparte evidence alone, it cannot decide on the guilt of these people. Hence, proper inquiries have to be undertaken and evidence given by the complainants should stand the scrutiny of cross-examination. This is a task we leave for the next Commission.” 64 SUMMARY OF RECOMMENDATIONS: The twelve recommendations set out in the final Report include recommendations on compensation, employment, pensions of deceased, social security, malnutrition among children, and scholarships for higher education. However, the emphasis on recommended action to be taken relates to the war. In addition to recommending protections against arbitrary arrest and detention, the Report speaks to the root causes of violations. Two problems are facing the country. One is the problem of the youth which took militant form under the JVP. The other is ethnic problem which takes militant form under the LTTE. 62. Final Report, North East Commission, p. 62. 63. See Annexure E, List of Officers against whom evidence is available in Files, which lists forty eight cases of disappearances and the names those alleged to be responsible. Final Report, North East Commission, p. 94. 64. Final Report, North East Commission, p. 62. 42
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A LEGACY TO REMEMBER; SRI LANKA’S
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DEDICATION For all the named and un
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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 58 and 59: 5.3 COMMISSION OF INQUIRY INTO THE
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
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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
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aware through public meetings, post
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sri lanka's commissions of inquiry - Law & Society Trust

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