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

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8. PRESIDENTIAL COMMISSION OF INQUIRY INTO INCIDENTS THAT TOOK PLACE AT BINDUNUWEWA REHABILITATION CENTRE, BANDARAWELA ON 25 OCTOBER 2000 WARRANT NO. : SP/6/N/221/2001 DATE APPT’D : 8th March 2001 BY : President Chandrika Kumaratunga Bandaranaike COMPRISING : Mr. P.H.K. Kulatilaka, retired Appeal Court Judge, Commissioner Mr. Edmund Jayasuriya, retired officer of the SLAS, Secretary Assisted by: Deputy Solicitor General S. Palitha Fernando, Attorney General’s Department Senior State Counsel S. Gamalath, Attorney General’s Department State Counsel S. Tissera, Attorney General’s Department MANDATE : to inquire and report on the following matters; (a) The circumstances that led to the incidents that took place at The Bindunuwewa Rehabilitation Centre on 25.10.2000 in the course of which 27 inmates died and 14 persons were injured. (b) The administration of the Rehabilitation Centre at Bindunuwewa and the conduct of the Public officers in so far as it is relevant to the said incident. (c) The person or persons, if any, directly or indirectly responsible, by act or omission for- 63
1. bringing about the said incidents 2. causing injuries to persons or the death of inmates (d) The criteria applicable to the admission of persons to rehabilitation centres and the location of such centres (e) Methods adopted in rehabilitation of persons admitted to such centers (f) The measures necessary to prevent the recurrence of such incidents and the remedial measures if any, to be taken in this regard, and to make such recommendations with reference to any of the matters that have been inquired into under the terms of the warrant. REPORT TITLE : Report of the Presidential Commission of Inquiry into Incidents that Took Place at The Bindunuwewa Rehabilitation Centre, Bandarawela, on 25 October 2000 DATED : November 2001 (unpublished Report) CONTENTS : 242-page Report, of which 207 pages comprise a discussion of various aspects of the mandate, including questions of fact, policy and law, as well as recommendations, and 31 pages comprise appendices including the mandate and lists of witnesses, documents produced, names of inmates, and names of deceased, etc. 64
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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
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2. PRESIDENTIAL COMMISSION OF INQUI
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violence by the UNP and their allie
Page 32 and 33: The Commission’s perspective mirr
Page 34 and 35: 3. PRESIDENTIAL COMMISSION OF INQUI
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 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
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
Page 128 and 129: Detention Inspector General of Poli
Page 130 and 131: 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
Page 192 and 193:
aware through public meetings, post
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