Untitled - International Commission of Jurists

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Dias v. Abeywardene [1966] 68 NLR 409 Fernando v. Jayaratne [1974] 78 NLR 123 Gunasekera v. De Fonseka [1972] 75 NLR 246 Gunasekera v. Ratnavale [1972] 76 NLR 316 Hidramani v. Ratnavale [1971] 75 NLR 67 In re Mark Antony Lyster Bracegirdle [1937] 39 NLR 193 In Re Ratnagopal [1968] 70 NLR 409 King v. Noordeen [1910] 13 NLR 115 King v. Peiris Appuhamy [1942] 43 NLR 412 Mudanayake v. Sivanandasunderam [1951] 53 NLR 25 Muttusamy v. Kannangara [1951] 52 NLR 324 Prematillake v. the Republic of Sri Lanka [1972] 75 NLR 506 R v. Gnanaseeha Thero [1968] 73 NLR 154 Senadheera v. The Bribery Commissioner [1961] 63 NLR 313 The Queen v. Liyanage and others (TAB) [1962] 64 NLR 313 Thomas Perera alias Banda Case [1926] 29 NLR 52 Velu v. Velu [1968] 76 NLR 21 W.A. De Silva Case [1915] 18 NLR 277 Wickramasinghe v. Crossette Thambiyah 29 CLW 69 Wickremesinghe v. Tambiah [1945] 46 NLR 105 Wijesuriya v. the State [1973] 77 NLR 25 User 11/1/10 22:11 Comment: Missing Date? No reference in the text/footnote as well 4. Decisions of the Privy Council AG v. Kodeswaran [1969] 72 NLR 337 Bribery Commissioner v. Ranasinghe [1964] 66 NLR 73 Koddakkan Pillai v. Mudanayake [1953] 54 NLR 433 Liyanage and others v. the Queen [1965] 68 NLR 265 R. Ratnagopal v. AG [1969] 72 NLR 145 163
5. Judgments of the High Courts of Sri Lanka Embilipitiya Case, H.C. Case No. 121/1994, High Court of Ratnapura, H.C. Minutes 23.02.1999 H.C. Case No. 1947, High Court of Galle, H.C. Minutes 01.08.2003 H.C. Case No. 94/99, High Court of Hambantota, H.C. Minutes 04.02.2004 H.C. Case No. 14/2001, High Court of Hambantota, H.C. Minutes 25.08.2003 H.C. Case No. 24/2002, High Court of Hambantota, H.C. Minutes 19.06.2003 H.C. Case No.1284/99, High Court of Kandy, H.C. Minutes 30.08.2000 Krishanthi Kumaraswamy Case, H.C. Case No. 8778/1997, High Court of Colombo, H.C. Minutes 03.07.1998 Wijedasa Liyanaaratchi’s Case, H.C. Case No. 3718/88, High Court of Colombo, H.C. Minutes 18.03.1991 6. Judgments of the High Courts of Sri Lanka HCA No. 08/2004, Minutes of the Magistrate’s Court of Chavakatcheri, 12.02.2007 CASES - INTERNATIONAL 1. Communications of the Human Rights Committee Anthony Michael Emmanuel Fernando v. Sri Lanka, CCPR/C/83/D/1189/2003, adoption of views, 31.03.2005 Dissanayake Mudiyanselage Sumanaweera Banda v. Sri Lanka, CCPR/C/93/D/1373/2005, adoption of views 22.07.2008 Jayalath Jayawardena v. Sri Lanka, CCPR/C/75/D/916/2000, adoption of views, 22.07.2002 Jegetheeswaran Sarma v. Sri Lanka, CCPR/C/78/D/950/2000, adoption of views, 31.07.2003 Nallaratnam Singarasa v. Sri Lanka, CCPR/C/81/D/1033/2001, adoption of views, 21.07.2004 Raththinde Katupollande Gedara Dingiri Banda v. Sri Lanka, CCPR/C/D/1426/2005, adoption of views, 26.10.2007 Sister Immaculate Joseph and 80 Teaching Sisters of the Holy Cross of the Third Order of Saint Francis in Menzingen of Sri Lanka v. Sri Lanka, CCPR/C/85/D/1249/2004, adoption of views, 21.10.2005 Soratha Bandaranayake v. Sri Lanka, CCPR/C/93/D/1376/2005, adoption of views, 24.07.2008 Sundara Aratchige Lalith Rajapakse v. Sri Lanka, CCPR/C/87/D/1250/2004, adoption of views, 14.07.2006 164
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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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justified and spelled out in the ma
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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
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Page 124 and 125: 6.4. Affording alleged perpetrators
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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
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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 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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