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

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Led by Deputy Inspector General T.V. Sumanasekera, a CID team of nine officers which had already conducted preliminary investigations into certain aspects covered by the Warrant, continued to investigate into some matters in respect had already been investigated by them. MANDATE : to inquire and report on the following: (a) the circumstances relating to the disappearance of Sub Inspector Rohitha Priyadarshana of the Sapugaskanda Police Station… and the persons directly or indirectly responsible… (b) the circumstances relating to the arrest and subsequent detention of Sub Inspector Ajith Jayasinghe of the Peliyagoda Police Station… and the persons directly or indirectly responsible… (c) the establishment and maintenance of a place or places of detention at the Batalanda Housing Scheme of the State Fertilizer Manufacturing Corporation and whether … any person or persons were so detained … and were subject to inhuman or degrading treatment or to treatment which constitute an offence under any written law as a result of a conspiracy and the person or persons directly or indirectly responsible for the same; (d) whether any inquiry or probe into any of the aforesaid matters had been conducted by any officer and whether any person or persons directly or indirectly interfered 59
in such inquiry or probe and the person or persons responsible for such interference; (e) whether any officer of any other person was responsible for the commission of any criminal offence under any written law, or the use of undue influence or misuse or abuse of power in relation to any of the aforesaid matters. REPORT TITLE : Report of the Commission of Inquiry into the Establishment and Maintenance of Places of Unlawful Detention and Torture Chambers at the Batalanda Housing Scheme DATED : 2000 CONTENTS : 167 page Report, of which 125 pages comprise the main report, which presents a detailed factual accounting of the events and actors in context of the time period under review, the findings as per the mandate and the recommendations, and 42 pages comprise annexures to the Report, including the mandate, lists of witnesses, counsel who appeared for witnesses, documents and productions, etc. BRIEF STATEMENT OF FACTS: The Batalanda Housing Scheme was a government housing scheme widely rumored to be an unofficial place of detention, torture and death outside of Colombo during the Reign of Terror (1987 – 1991). A few high ranking UNP politicians, including former Prime Minister Ranil Wickramasinghe, were rumored to be involved in Batalanda. Upon assuming office in 1994, President Chandrika Kumaratunga constituted a number of Commissions of Inquiry into political 60
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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
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xviii
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It comprises summaries of the final
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PART 1 REPORTS OF THE COMMISSIONS E
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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 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 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
Page 120 and 121: Magistrate’s Court - Special Divi
Page 122 and 123: PUNITIVE MEASURES CATEGORY OF REC F
Page 124 and 125: Human rights records of members of
Page 126 and 127: (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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