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

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These two problems unless handled with vision and statemenship will distort all organs of Society and make the Army arbiter in national issues. 65 The Commission goes on to state, “Your Excellency has taken the correct decision and especially in the ethnic sphere, Your Excellency’s proposals should be adopted as a basic policy of the land.” 66 65. Final Report, North East Commission, p. 63. 66. Considering the year of the report was 1997, it can be assumed that the proposals to which the Commission refers are the 1997 package of constitutional reforms, which included extensive devolution of powers to the regions. Final Report of the North East Commission, p. 63. 43
5.4 COMMISSION OF INQUIRY INTO INVOLUNTARY REMOVAL OR DISAPPEARANCE OF PERSONS IN THE WESTERN, SOUTHERN AND SABARAGAMUWA PROVINCES WARRANT NO. : P.O. No. SP/6/N/192/94 DATE APPT’D : 13 November 1994 BY : President Chandrika Bandaranaike Kumaratunga COMPRISING : Manouri Kokila Muttetuwegama – Chairperson Prof. S.S.R.B.D.A. Amal Jayawardane, BJP de Almeida Guneratne Assisted By: Wimaladharma Ekanayake, Secretary Mr. Samith de Silva, Senior State Counsel, Attorney General’s Department Mr. Neil Unamboowa, State Counsel, Attorney General’s Department And a number of independent lawyers The Commission constituted three units to assist it in its work: Computer Data Base Unit, Legal Unit, and Independent Investigations Unit 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 Western Province, Southern Province and the Sabaragamuwa Province at any time after January 1, 1988; 44
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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 60 and 61: BRIEF STATEMENT OF FACTS: The Commi
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
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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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