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

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Can the Board of Investigation account for any person missing or can it identify an officer who is specifically accountable? Has the inquiry been done to the satisfaction of the aggrieved Party? If not why? Dissent and reservations expressed by the complainant. REPORT TITLE : Report of the Board of Investigation into Disappearances in Jaffna Peninsula DATED : 9 March 1998 CONTENTS : 10 page Report, with approximately 190 pages of annexures, most of which are lists of names of persons, including most significantly, names of those released, names of those disappeared and the complainants, cases were evidence has revealed sufficient information regarding the suspected offender, cases where evidence did not reveal information to pursue further action, and others. BRIEF STATEMENT OF FACTS: The Board was appointed after revelations, in 1996, of a sharp rise in disappearances and other rights violations in Jaffna and widespread national and international pressure that ensued. The increase came in the wake of a July 1996 suicide bombing in Jaffna, targeting a visiting Minister, and the Tiger’s successful attack on Mullaitivu Army Base. SUMMARY OF FINDINGS: According to the Report, the Government appointed the Board because the “existing procedure of inquiry into these complaints was by the Police or the Military itself against whom these complaints were made” and such procedure was found to be “ineffective and totally 75
unacceptable.” 88 However questions persist about the impartiality of the Board appointed by the Ministry of Defence and consisting of personnel from the security forces and police. 89 Having received a total of two thousand six hundred and twenty one complaints from a wide range of local and international sources, the Board processed the names and addresses of the complaints and determined that on deletion of repetitions the number of actual alleged disappearances was seven hundred and sixty five. The seven hundred and sixty five cases were categorized into three groups; (1) cases where facts revealed sufficient grounds to pursue investigations against offenders, of which there were twenty five; (2) cases in which there was sufficient information about the incident but where there was insufficient evidence for pursuance of legal action, of which there were one hundred and thirty eight; and (3) cases in which evidence did not reveal information to pursue further inquiry, of which there were two hundred and nineteen. The Board found that a sudden increase in arrests was triggered by the July 1996 suicide bombing that killed a Minister and the overrunning of the Mullaitivu Army Camp. The Board failed to note, however, that the number of disappearances also rose suddenly at the same time. 90 The sudden increase in arrests and reported disappearances is 88. Report of the Board of Investigation into Disappearances in Jaffna Peninsula, Ministry of Defence, March 9, 1998, p. 1. 89. “MoD eyewash over Jaffna disappearances,” TamilNet, October 04, 1997 23:59 GMT, http://www.tamilnet.com. The Association for the Defense of the Arrested and Disappeared protested about the list of “disappeared” persons published by the Board. Reportedly, the MOD’s list is comprised mostly of people already released or officially acknowledged to be under arrest. Leaders of the Association said that they believed that the Board was engaged in delayed tactics aimed at diverting international attention away from the issue. 90. Report of the Committee on Disappearances in the Jaffna Region, Human Rights Commission, October 2003, p. 15. 76
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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
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The Commission’s perspective mirr
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3. PRESIDENTIAL COMMISSION OF INQUI
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(c) whether any action if any, agai
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SUMMARY OF RECOMMENDATIONS: Althoug
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yet occurred, thus suggesting that
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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 82 and 83: 8. PRESIDENTIAL COMMISSION OF INQUI
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 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
Page 132 and 133: The Prison Rules to apply to all de
Page 134 and 135: Emergency Regulations The utilizati
Page 136 and 137: LEGAL REFORM CATEGORY OF REC RECOMM
Page 138 and 139: Law Reform Article 17 and 126 of th
Page 140 and 141: RELIEF AND REHABILITATION CATEGORY
Page 142 and 143: 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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