23.12.2012 Views

The Commissioners of LLRC

The Commissioners of LLRC

The Commissioners of LLRC

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

<strong>LLRC</strong> and Grievances<br />

During the <strong>LLRC</strong> sessions the commissioners<br />

encountered thousands <strong>of</strong> people who were<br />

affected by the war and who continue to suffer<br />

post war. Through the submissions made by<br />

such people during the out station hearings<br />

<strong>of</strong> the <strong>LLRC</strong> and other input made by those<br />

who presented in Colombo, the Commission<br />

has produced in late 2010 an interim report<br />

where the Commission recommends solutions<br />

to detention, law and order, land issues, socio<br />

economic/livelihood Issues.<br />

In addition an Inter-Agency Advisory Committee<br />

was appointed by the president to implement the<br />

recommendations <strong>of</strong> the interim Lessons Learnt<br />

and Reconciliation Commission (<strong>LLRC</strong>) report<br />

in October 2010. <strong>The</strong> aim <strong>of</strong> this Committee<br />

was to ensure that the confidence on the<br />

<strong>LLRC</strong> was maintained and to fast track the<br />

recommendations being made. <strong>The</strong> committee<br />

comprises <strong>of</strong> the Attorney General, Chairman,<br />

Secretary <strong>of</strong> Defence, Secretary <strong>of</strong> Public<br />

Administration and Home Affairs, Secretary to<br />

Ministry <strong>of</strong> Justice, Secretary to the Ministry <strong>of</strong><br />

Economic Affairs, Secretary to the Presidential<br />

Task Force for Resettlement, Development and<br />

Security in the Northern Province, Secretary for<br />

Rehabilitation and Prison Reforms and Secretary<br />

for External Affairs CHR in its identification <strong>of</strong><br />

the grievances has made the categorization<br />

<strong>of</strong> these as below. (this pertains principally to<br />

the grievances addressed during the outstation<br />

sessions <strong>of</strong> the <strong>LLRC</strong>)<br />

1 Detention<br />

2 Disappearances<br />

3 Land Issues<br />

4 Financial assistance<br />

5 Resettlement<br />

Detention<br />

From the first outstation session it was apparent<br />

that detention was the primary concern <strong>of</strong> people<br />

from affected areas. Thousands <strong>of</strong> parents,<br />

simblings, wives appeared before the <strong>LLRC</strong><br />

and implored the commissioners to look<br />

into the matter concerning detention <strong>of</strong> their<br />

loved ones. <strong>The</strong>y claimed that they have been<br />

travelling from one centre to another in search<br />

<strong>of</strong> those who were in detention, or presumed<br />

to be in detention centers in order to determine<br />

whether their loved ones were dead or whether<br />

they were still alive.<br />

<strong>Commissioners</strong> have always stated that they<br />

believe that a list <strong>of</strong> detainees should be made<br />

public and recommended the government to do<br />

so in their interim report last year.<br />

“<strong>The</strong>re are persistent complaints pertaining to<br />

persons being held in detention for long periods<br />

without charges. In this regard the Commission<br />

recommends that –<br />

a) A special mechanism be created to examine<br />

such cases on a case by case basis and<br />

recommend a course <strong>of</strong> action in regard to<br />

disposal <strong>of</strong> each case, as appropriate. Further,<br />

to support this process the establishment <strong>of</strong> a<br />

focal point in the Attorney Generals Department<br />

is also recommended.<br />

b) A major concern raised before the<br />

Commission was the fact that many people did<br />

not know the whereabouts <strong>of</strong> family members<br />

in detention as they were constantly being<br />

shifted from camp to camp.<br />

Accordingly, the Commission recommends an<br />

independent unit being established e.g. in the<br />

Ministry <strong>of</strong> Justice, to address the following<br />

issues —<br />

1. Publishing a list <strong>of</strong> names <strong>of</strong> those in<br />

detention.<br />

2. When a person is discharged a certificate be<br />

issued so that the same person is not taken<br />

into custody again, unless new evidence is<br />

discovered against him for being linked with the<br />

LTTE.<br />

3. To look into the general issue <strong>of</strong> laws<br />

delays (to expedite prosecution or discharge<br />

detainees)” –<strong>LLRC</strong> Interim Report<br />

However the comprehensive list that has been<br />

recommended through the interim report still<br />

remains lacking and not released by the Ministry<br />

<strong>of</strong> Defence.<br />

In addition IAAC in their (24) “Progress<br />

report on the implementation <strong>of</strong> the interim<br />

recommendations <strong>of</strong> <strong>LLRC</strong>” states that regarding<br />

matters pertaining to detention “a four-member<br />

special committee, chaired by a Deputy Solicitor-<br />

THE WAIT FOR JUSTICE 21

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!