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The Human Rights Committee affirmed that even where an official is acting ultra vires, the State is responsible if it provided the means or facilities to accomplish the act. The State was advised to expedite ongoing criminal proceedings against individuals implicated in the enforced disappearance, to ensure the prompt trial of all persons responsible for the abduction, and to provide the victims with an effective remedy, including a thorough and effective investigation into his enforced disappearance and fate; immediate release if still alive; adequate information resulting from its investigation; and adequate compensation for the violations suffered by him and his family. These Views have thus far been ignored. 159
CASES - DOMESTIC 1. Judgments of the Supreme Court of Sri Lanka under the 1978 Constitution Reported Cases Amaratunge v. Sirimal [1993] 1 Sri LR 264 Ariyapala Guneratne v. The Peoples Bank [1986] 1 Sri LR 338 Banda v. Gajanayake [2002] 1 Sri LR 365 Channa Peiris v. AG [1994] 1 Sri LR 1 De Silva & Others v. Jeyaraj Fernandopulle and Others [1996] 1 Sri LR 22 Deshapriya v. Weerakoon [2003] 2 Sri LR 99 Dharmaratne v. Samaraweera [2004] 1 Sri LR 57 Dissanayake v. Kaleel [1993] 2 Sri LR 135 Fernando v. Sri Lanka Broadcasting Corporation [1996] 1 Sri LR 157 Gnanamuttu v. Military Officer, Ananda and others [1999] 2 Sri LR 213 Joseph Perera v. The Attorney General [1992] 1 Sri LR 199 Kapugeekiyana v. Hettiaratchi [1984] 2 Sri LR 153 Kumaranatunge v. Samarasinghe 1982 (2) FRD 347 Liyanage v. de Silva [2000] 1 Sri LR 21 Mendis, Fowzie and others v. Goonewardene [1978-79-80] 1 Sri LR 166 Mohammed Faiz v. The Attorney General [1995] 1 Sri LR 372 Premachandra v. Jayawickreme [1994] 2 Sri LR 90 Sanjeewa v. Suraweera [2003] 1 Sri LR 317 Silva v. Bandaranayake [1997] 1 Sri LR 92 Silva and others v. Siddique and others [1978-79] I Sri LR 166 Sriyani Silva v. Iddamalgoda [2003] 2 Sri LR 63 Sunil Rodrigo v. de Silva [1997] 3 Sri LR 265 160
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In exploring what constitutes a ver
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3
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ABBREVIATIONS AC AG AHRC AI A-L ALR
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TAB TELO TUF TULF TYL UN UNHRC UNP
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government agencies may be unable o
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appointed under the Commissions of
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communities. Krishanthi Kumaraswamy
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investigative function that could m
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measures recommended in regard to r
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and Bandaranaike became the prime m
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assembly and association of trade u
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majority pro-Sinhala political lead
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The violence reached a crescendo in
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enforced disappearances were report
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The Court of Appeal dismissed petit
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process and commissions of inquiry
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Declaration on Upholding Human Righ
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terms, 66 and clear guidelines laid
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Though the drafters of second Repub
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• Perera v. AG 89 and Wickremeban
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was also spared the distinction of
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The Court’s reasoning at times ap
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however, linked the habeas corpus a
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The ineffectiveness of the writ rem
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The Court of Appeal when sending th
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anything. We have received informat
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the findings of guilt against the a
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The Embilipitiya case is unique in
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police did not carry out the arrest
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sexual intercourse […].” 177 He
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accused even though the relevant do
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confession made to the military pol
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Chapter Three - Commissions of Inqu
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excesses that had preceded the acti
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property of Sinhalese persons domic
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appear before the Commission was al
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Notwithstanding these consideration
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The Commission’s recommendation t
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Date of Publication of Report: not
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(f) the measures necessary to preve
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were SLFPers. I was told, that area
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The 1994 Western, Southern and Saba
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focused on allowing within its purv
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3.1.3. Reflections on the Procedure
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However, the weak process of re-ref
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ouster) clause ruling out judicial
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(g) The relief if any that should b
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Interdiction from service of allege
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The Batalanda Commission recommende
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3.3.3. The Bindunuwewa Commission D
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ecommendation to this effect by the
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As of 31 December 2000, according t
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much affected by the awareness that
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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 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
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