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

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in the said Provinces. The cases involve abductions and killings where large numbers disappeared during a short time period and a case of disappearance of a high profile journalist. The cases included in Volume II illustrate patterns and practices of the State that enabled widespread human rights violations not only to occur, but also to be met with impunity. These included the complicity of police officers through the recording of wrong information or the masking of information, the inability and unwillingness of the Attorney General’s department to pursue leads and rigorously prosecute cases where evidence was available, and the complicity of senior officers who turned a blind eye to the actions of others. In many of these cases, legal action had been pursued in the form of criminal inquiries and proceedings or Habeas Corpus cases. The Commission, however, was able to reveal many of the facts that had been previously excluded or covered up by revisiting the evidence. It must be noted that the published Report includes a list of names of the disappeared and complainants. This list includes names of the disappeared, names of the complainants and their relationship to the disappeared, and addresses of complainants. This list raises concerns regarding allegations of threats against complainants who testified before the commission. SUMMARY OF RECOMMENDATIONS: The Southern Commission has the most comprehensive set of recommendations of any commission of inquiry under consideration. There is a total of one hundred and forty five recommendations categorized in eight sections: (1) relief measures; (2) women; (3) legal proceedings; (4) preventative measures; (5) Habeas Corpus applications; (6) emergency regulations; (7) excavation of mass graves; and (8) complaints remaining to be inquired into. The recommendations address a wide range of concerns and, in some cases, seem only tangentially related to the issue of disappearances. Regrettably, the Commission did not prioritize the recommendations to help facilitate implementation of the most urgent recommendations. 51
6. COMMISSION OF INQUIRY INTO INVOLUNTARY REMOVAL AND DISAPPEARANCES OF CERTAIN PERSONS (ALL ISLAND) WARRANT NO. : SP/6/N/214/97 of 30 April 1998 DATE APPT’D : 30 April 1998 BY : President Chandrika Bandaranaike Kumaratunga COMPRISING : Manouri Kokila Muttetuwegama Esq., Chairperson Hetti Gamage Dharmadasa Esq. Ponnuchamy Balavadivel Esq. Assisted By: Mr. M.C.M. Iqbal – Secretary Mr. PVW de Silva (Ret. Senior Superintendent of Police) – Head of Investigation Unit Ms. Subashini Ramasamy – Head of Computer Unit 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) The allegations about the involuntary removal of persons from their residences, or the disappearances of person s from their residences, made to the Commissions of Inquiry appointed under the Commissions of Inquiry Act, and terms of reference of which are published respectively, in Gazettes No. 855/18, 855/19 and 855/20 of January 25, 1995, being allegations in respect of which no investigations have 52
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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 ...
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Returned detainees ................
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CGR CRM CSU CTB DDC DIG DIU DNA DPP
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NSSP OIC O Level P.C. PCIIRP PLOTE
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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 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 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
Page 114 and 115: If any perpetrator is alleged to ha
Page 116 and 117: Habeas Corpus Adverse finding in a
Page 118 and 119: 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
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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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