Untitled - International Commission of Jurists

More documents

Recommendations

Info

ecommendation to this effect by the Kokkadicholai Commission (some of whom were judicial officers) is disappointingly absent in their report. 4.3. The Presidential COIs into Disappearances (1991-1993) The 1991-93 Presidential Commissions concluded hearings in six of the cases accepted for investigation, which were all enforced disappearances linked to police custody. The Commissioners had refrained from examining enforced disappearances linked to military custody on the basis that this ‘would be difficult in a context of ‘armed conflict’. 355 Reports were submitted to the President but were not released to the public. A case was filed only in one instance in consequence of commission findings, alleging the involvement of Assistant Superintendent of Police K. Sugathadasa concerning the enforced disappearance of police constable Basnayake in January 1991. The Magistrate discharged the accused and stated that he was doing so on the basis of the findings of the 1991-93 Presidential Commission. As pointed out by one sceptical commentator: [T]his gave rise to a curious situation - of a man being accused and then discharged on the basis of the same findings; since the PCIIRP reports are not available to the public, this curiosity is one that cannot yet be satisfied. 356 The legitimacy of the 1991-93 Presidential Commissions was clearly undermined by the political context of its establishment and functioning. Its findings of fact were of insufficient value to propel effective investigations and prosecutions. 4.4. The 1994/1998 Disappearances Commissions 357 The response of the Government to the UN Committee Against Torture in pursuance of the periodic reporting obligation under the Convention Against Torture (CAT), 358 details the most recent official data in relation to prosecutions undertaken consequent to the recommendations of the following commissions/bodies: namely, the 1994 Southern, Western and Sabaragamuwa Disappearances Commission; the 1994 Central, North Western, North Central and Uva Disappearances Commission 359 ; the 1998 All-Island Disappearances Commission and the 1996 Board of Investigation into Complaints of Disappearances in Jaffna Peninsula. 360 355 ibid. 356 Abeysekera, Charles, op. cit. 357 As prosecutions relevant to the Embilipitiya Case and the Bindunuwewa case did not strictly follow as a consequence of the findings of the relevant Commissions of Inquiry, the prosecutions in both cases are examined later under examination of prosecutions other than those initiated as a result of the reports of Commissions of Inquiry. 358 United Nations Committee against Torture: Sri Lanka, CAT/C/LKA/CO/2/Add.1 (Comments by Government of Sri Lanka on the Concluding Observations of the CAT Committee), 20.02.2007; See also United Nations Committee against Torture, Second Periodic Report, CAT/C/48/Add.2, 06.08.2004. 359 The omission of data relating to prosecutions consequent to the findings of the 1994 Northern/Eastern Disappearances Commission is disturbing in this regard. 360 The last mentioned body is a Board of Investigation that was appointed by President Chandrika Kumaratunge in 1996 pursuant to persistent demands being made to her to constitute a Commission of Inquiry to investigate the disappearances in Jaffna during the mid nineties (which was during the time 101
According to these statistics, the Disappearances Investigation Unit (DIU) of the Police Department (a special Unit established to investigate enforced disappearances cases) had carried out investigations into 3,615 cases. Of these, 2,462 cases have been completed and relevant files of 2,095 cases have been forwarded to the Attorney General, on whose advice 1,033 cases have been closed. Investigations with regard to 256 cases could not be continued due to insufficient evidence. 361 The following statistics related to the details of the criminal proceedings resulting from the investigations conducted by the Disappearance Investigations Unit: 362 High Court Magistrate Court Total Cases filed 376 56 432 Cases Concluded 135 43 178 Pending cases 241 06 247 Accused discharged 123 07 130 Convicted 12 - 12 Statistics of these cases, as disclosed in earlier Government Reports made to the UN treaty monitoring bodies, indicate the factual situation relevant at that particular year. In the Fourth Periodic Report of the Sri Lanka Government to the UN Human Rights Committee (2002) pursuant to ICCPR obligations, for example, 363 the Government reported 1,681 cases pending initiation of criminal prosecutions as a consequence of the findings of the Disappearances Commissions. of her own administration). While she desisted from appointing a Commission of Inquiry, a Board of Investigation into Complaints of Disappearances in Jaffna Peninsula was appointed on 05.11.1996. The Board was chaired by a retired senior officer of the Sri Lanka Administrative Service and also comprised four senior officers of the services; i.e. the Army, Navy, Air Force and the Police. The Board held sittings in Jaffna on several occasions. Some 2, 621 complaints were investigated from which 765 cases of enforced disappearances were sifted out. After a process of visiting detention centres, police stations, 201 persons were traced. The Board concluded finally that fourteen deaths had been at the hands of the members of the armed forces. United Nations Working Group on Enforced or Involuntary Disappearances, Report of the Working Group on Enforced or Involuntary Disappearances (25-29 October 1999), E/CN.4/2000/64/Add.1, 21.12.1999; Presented to the UN Commission on Human Rights at its 56 th sessions, March-April 2000, at para. 18. The UNWG stated that 21 cases of disappearance where "evidence has revealed sufficient facts to justify further inquiries by the police with a view to pursuing legal action against offenders". In another 134 cases of disappearance the Board of Investigation found sufficient evidence of criminal acts but could not identify the alleged perpetrators. It recommended further inquiries by the Service Commanders to identify the offenders.)’ United Nations Working Group on Enforced or Involuntary Disappearances, Report of the Working Group on Enforced or Involuntary Disappearances (25-29 October 1999), E/CN.4/2000/64/Add.1, 21.12.1999; Presented to the UN Commission on Human Rights at its 56 th sessions, March-April 2000, at para. 36. The failure of the Government to appoint a Commission of Inquiry to look into the disappearances that occurred in Jaffna in mid 1996 despite promises by then President Chandrika Kumaratunge was roundly condemned at that time. Asian Human Rights Commission, ‘Investigation of Disappearances; A Review as at mid-July 1998; Civil Rights Movement,’, Human Rights SOLIDARITY, Vol. 8, No. 12, Hong Kong, 1997, at p. 17. 361 United Nations Committee against Torture, Second Periodic Report, CAT/C/48/Add.2, 06.08.2004, at para. 63. 362 ibid, at para. 64. 363 United Nations Human Rights Committee, Fourth Periodic Report of Sri Lanka, CCPR/C/LKA/2002/4, 18.10.2002, at para. 158. 102
Page 2 and 3:
In exploring what constitutes a ver
Page 4 and 5:
3
Page 6 and 7:
ABBREVIATIONS AC AG AHRC AI A-L ALR
Page 8 and 9:
TAB TELO TUF TULF TYL UN UNHRC UNP
Page 10 and 11:
government agencies may be unable o
Page 12 and 13:
appointed under the Commissions of
Page 14 and 15:
communities. Krishanthi Kumaraswamy
Page 16 and 17:
investigative function that could m
Page 18 and 19:
measures recommended in regard to r
Page 20 and 21:
and Bandaranaike became the prime m
Page 22 and 23:
assembly and association of trade u
Page 24 and 25:
majority pro-Sinhala political lead
Page 26 and 27:
The violence reached a crescendo in
Page 28 and 29:
enforced disappearances were report
Page 30 and 31:
The Court of Appeal dismissed petit
Page 32 and 33:
process and commissions of inquiry
Page 34 and 35:
Declaration on Upholding Human Righ
Page 36 and 37:
terms, 66 and clear guidelines laid
Page 38 and 39:
Though the drafters of second Repub
Page 40 and 41:
• Perera v. AG 89 and Wickremeban
Page 42 and 43:
was also spared the distinction of
Page 44 and 45:
The Court’s reasoning at times ap
Page 46 and 47:
however, linked the habeas corpus a
Page 48 and 49:
The ineffectiveness of the writ rem
Page 50 and 51:
The Court of Appeal when sending th
Page 52 and 53: anything. We have received informat
Page 54 and 55: the findings of guilt against the a
Page 56 and 57: The Embilipitiya case is unique in
Page 58 and 59: police did not carry out the arrest
Page 60 and 61: sexual intercourse […].” 177 He
Page 62 and 63: accused even though the relevant do
Page 64 and 65: confession made to the military pol
Page 66 and 67: Chapter Three - Commissions of Inqu
Page 68 and 69: excesses that had preceded the acti
Page 70 and 71: property of Sinhalese persons domic
Page 72 and 73: appear before the Commission was al
Page 74 and 75: Notwithstanding these consideration
Page 76 and 77: The Commission’s recommendation t
Page 78 and 79: Date of Publication of Report: not
Page 80 and 81: (f) the measures necessary to preve
Page 82 and 83: were SLFPers. I was told, that area
Page 84 and 85: The 1994 Western, Southern and Saba
Page 86 and 87: focused on allowing within its purv
Page 88 and 89: 3.1.3. Reflections on the Procedure
Page 90 and 91: However, the weak process of re-ref
Page 92 and 93: ouster) clause ruling out judicial
Page 94 and 95: (g) The relief if any that should b
Page 96 and 97: Interdiction from service of allege
Page 98 and 99: The Batalanda Commission recommende
Page 100 and 101: 3.3.3. The Bindunuwewa Commission D
Page 104 and 105: As of 31 December 2000, according t
Page 106 and 107: much affected by the awareness that
Page 108 and 109: Chapter Four - Evaluating Sri Lanka
Page 110 and 111: pattern of harms, to recommend meas
Page 112 and 113: justified and spelled out in the ma
Page 114 and 115: against any particular soldier or s
Page 116 and 117: analysis, these pillars of the judi
Page 118 and 119: competence. Their findings must be
Page 120 and 121: Regardless of the amendment however
Page 122 and 123: It was recorded by at least some of
Page 124 and 125: 6.4. Affording alleged perpetrators
Page 126 and 127: Chapter Five - Sri Lanka’s Crimin
Page 128 and 129: to the attention of the Court in an
Page 130 and 131: 2.1. First Information Reports In a
Page 132 and 133: arrests. In consequence, most of th
Page 134 and 135: Lengthy delays in filing indictment
Page 136 and 137: officers who were prepared not only
Page 138 and 139: prosecutor’s office would be to i
Page 140 and 141: y the byzantine and unfair burdens
Page 142 and 143: […] while those in authority hold
Page 144 and 145: 5.2. Language Issues at Trial Stage
Page 146 and 147: enforced disappearance; (ii) Exerci
Page 148 and 149: as to why specific reform of the cr
Page 150 and 151: 6.3. Absence of a Specific Crime of
Page 152 and 153:
camp. Scrutiny of the evidence in t
Page 154 and 155:
any direct or indirect physical or
Page 156 and 157:
have been adjourned by the relevant
Page 158 and 159:
fact, acknowledged. 563 The accused
Page 160 and 161:
The Human Rights Committee affirmed
Page 162 and 163:
Thavaneethan v. Dissanayake [2003]
Page 164 and 165:
Dias v. Abeywardene [1966] 68 NLR 4
Page 166 and 167:
Vadivel Sathasivam and Parathesi Sa
Page 168 and 169:
Criminal Courts Commission, Session
Page 170 and 171:
Keenan, Alan, ‘Making Sense of Bi
Page 172 and 173:
Principles on the Effective Prevent
Page 174 and 175:
United Nations Human Rights Committ
Page 176:
Pinto-Jayawardena, Kishali, ‘Furt
show all

Untitled - International Commission of Jurists

Create successful ePaper yourself

Delete template?

Save as template?