Untitled - International Commission of Jurists

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Thavaneethan v. Dissanayake [2003] 1 Sri LR 75 Victor Ivan v. Sarath Silva, AG [1998] 1 Sri LR 340 Vivienne Goonewardene v. Hector Perera 1983 (2) FRD 426 Wickremebandu v. Herath [1990] 2 Sri LR 348 Yasapala v. Wickremesinghe 1982 (1) FRD 143 Unreported Cases A.M. Vijitha Alagiawannawe v. L.P.G. Lalith Prema, Reserve Police Constable and Others SC (FR) No. 433/2003, SCM 30.11.2004 Ashik v. Bandula SC (FR) No. 38/2005, SCM 07.11.2007 Centre for Policy Alternatives v. Victor Perera SC (FR) No. 177/2007, SCM 05.05.2008 Embilipitiya Case S.C. (Spl) L.A. Nos. 15-20/2002, SCM 14.02.2003 I. Jayaratne v. de Silva and others S.C. (FR) No. 609/1996, SCM 21.09.1998 Kanapathipillai Matchavallavan v. OIC, Army Camp, Plantain Point, Trincomalee and others S.C. Appeal No. 90/2003, S.C. (Spl) L.A. No. 177/2003, SCM 31.03.2005 Krishanthi Kumaraswamy Case S.C. Appeal No. 02/2002 (TAB), SCM 03.02.2004 Kumarasinghe v. Attorney General, S.C. (FR) No. 54/1982, SCM 06.09.1982 Munasinghe Aratchige Sammy and others v. Attorney General (The Binudunuwewa case) SC Appeal No. 20/2003, SCM 21.05.2005 N.W.M. Jayantha Wijesekera and Others v. Attorney General and Others SC ((FR) Nos. 243- 245/2006, SCM 16.10.06 Nallaratnam Sinharasa v. Attorney General and Others, S.C. SpL (LA) No. 182/1999, SCM 15.09.2006 Rodrigo v. Imalka SC (FR) No. 297/2007, SCM 03.12.2007 Wagaachige Dayaratne v. IGP and others S.C. (FR) No. 337/2003, SCM 17.5.2004 Wewalage Rani Fernando (wife of deceased Lama Hewage Lal) and others v. OIC, Minor Offences, Seeduwa Police Station, Seeduwa and eight others S.C. (FR) No. 700/2002, SCM 26.07.2004 Yogalingam Vijitha v. Wijesekara, Reserve Sup. Inspector of Police S.C. (FR) No. 186/2001, SCM 23.8.2002 Determinations on Bills/Advisory Opinions 4 th Amendment to the Constitution Bill (1978/83) DSCPB, 157 161
Atukorale v. The Attorney General (Broadcasting Authority Bill Case), SD No. 41-15/1997 In Re the Thirteenth Amendment to the Constitution and the Provincial Councils Bill [1987] 2 Sri LR 312 In the Matter of a Reference under Article 129(1) of the Constitution, SC Ref No 01/2008, hearing on 17.03.2008 2. Judgments of the Court of Appeal under the 1978 Constitution Judgments of the Court of Appeal in habeas corpus (writ applications) under Article 141 of the Constitution G.D. Ranjani v. Commanding Officer, Army Camp Panala and Three Others HCA/255/89, C.A. Minutes 13.01.1995 Leeda Violet and others v. Vidanapathirana and Others [1994] 3 Sri LR 377 L.S. Perera v. I G P and Others HCA/13/91, C.A. Minutes 15.09.1995 Kasthuri Nandawathie v. Commander of Army and Two Others HCA/103/91, C.A. Minutes 15.09.1995 Judgments of the Court of Appeal in writ applications under Article 140 of the Constitution Mendis, Fowzie and others v. Goonewardene [1978-79] II Sri LR 322 Pathirana v. DIG (Personnel & Training) and others, C.A. Writ Application No. 1123/2002, C.A. Minutes 09.10.2006 Premachandra v. Jayawickreme [1993] 2 Sri LR 294 Public Interest Law Foundation v. the Attorney General and Others, CA Application No 1396/2003, CA Minutes of 17.12.2003 Criminal Appeals from the High Court Jayawardene v. the State [2000] 3 Sri LR 192 Sumanasekara v. AG [1999] 3 Sri LR 137 Liyanadeniya Aratchilage Tikiri Banda v. AG, 2007(1) Appellate Law Recorder (ALR) 3. Judgments of several courts prior to the 1978 Constitution AG v. Kanagaratnam [1950] 52 NLR 121 AG v. Kodeswaran [1967] 70 NLR 121 AG v. Chanmugam [1967] 71 NLR 78 Corea v. The Queen [1954] 55 NLR 457 De Mel v. De Silva [1949] 51 NLR 282; [1949] 51 NLR 105 (Divisional Bench) 162
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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
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pattern of harms, to recommend meas
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Page 116 and 117: analysis, these pillars of the judi
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Page 124 and 125: 6.4. Affording alleged perpetrators
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Page 130 and 131: 2.1. First Information Reports In a
Page 132 and 133: arrests. In consequence, most of th
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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 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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