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

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Commissions. After excluding duplicates and complaints that did<br />

not come within the mandate, six thousand three hundred and forty<br />

five were determined to be for <strong>inquiry</strong>. Of those, four thousand four<br />

hundred and seventy three were inquired into by the Commission.<br />

Of the six hundred and fifty four complaints pertaining to returned<br />

detainees, the Commission inquired into three hundred and eighty four<br />

<strong>of</strong> them.<br />

Although the Report does not clarify the reason behind the failure<br />

to inquire into all complaints, it implies that it was due to nonappearance<br />

<strong>of</strong> the complainants. Significantly, the passage <strong>of</strong> time<br />

and the loss <strong>of</strong> hope were cited as major factors in non-appearance <strong>of</strong><br />

complainants. 74<br />

Cases inquired into fell into the following categories: bodies were<br />

found and identified; credible evidence <strong>of</strong> detention/seen in detention,<br />

evidence <strong>of</strong> abduction only; no evidence <strong>of</strong> abduction or detention;<br />

those abducted & released; and those alleged to have disappeared but<br />

traced subsequently. 75<br />

The Commission states that, although bodies were found in a mere<br />

six hundred and forty seven cases, “in the given context, the word<br />

“disappearance” is only a euphemism for the death caused by extra<br />

judicial killings.” 76<br />

SUMMARY OF RECOMMENDATIONS:<br />

While the All-Island Commission’s Report does make some<br />

suggestions for the importance <strong>of</strong> establishing in international law<br />

74.<br />

Final Report, All Island Commission, p. 5.<br />

75.<br />

Final Report, All Island Commission, p. 6.<br />

76.<br />

Final Report, All Island Commission, p. 7.<br />

77.<br />

Keenan, Alan, “Exorcizing Ghosts and Disappearing Reports: Building the Political and<br />

Social Conditions for Implementing the Recommendations <strong>of</strong> the Report <strong>of</strong> the All-Island<br />

Commission <strong>of</strong> Inquiry into Involuntary Removal and Disappearance <strong>of</strong> Certain Persons”,<br />

Presentation to the <strong>Law</strong> & <strong>Society</strong> <strong>Trust</strong>, Colombo, Sri Lanka, 14 August 2002.<br />

56

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