Untitled - International Commission of Jurists

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Vadivel Sathasivam and Parathesi Saraswathi v. Sri Lanka, CCPR/C/93/D/1436/2005, adoption of views, 08.07.2008 Victor Ivan Majuwana Kankanamge v. Sri Lanka, CCPR/C/81/D/909/2000, adoption of views, 27.07.2004 Weerawansa v. Sri Lanka, CCPR/C/95/D/1406/2005, adoption of views, 17.03.2009 2. Cases in the United Kingdom Ex parte Marais (1902) AC 109 CONSTITUTIONS The Constitution of the Democratic Socialist Republic of Sri Lanka, 1978 (with amendments) The Republican Constitution of 1972 (Sri Lanka) Independence Constitution of 1948 (the Soulbury Constitution) (Sri Lanka) STATUTES Administration of Justice Law No. 44 of 1973 Army Act No. 17 of 1949 Citizenship Act No. 18 of 1948 Code of Criminal Procedure Act, No. 15 of 1979 (as amended) Commissions of Inquiry Ordinance No. 9 of 1872 Commissions of Inquiry Act No. 17 of 1948 (as amended 2008) Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994 Criminal Justice Commission Act No. 14 of 1972 Criminal Justice (Special Provisions) Act No. 1 of 1962 and Act No. 31 of 1962 Criminal Law Act No. 31 of 1962 Criminal Law (Special Provisions) Act No. 1 of 1962 Evidence Ordinance No. 14 of 1895 (as amended) Indemnity Act No. 20 of 1982 (as amended) International Covenant on Civil and Political Rights Act No. 56 of 2007 Judicature Act No. 2 of 1978 (as amended) Official Language Act No. 33 of 1956 165
Penal Code No. 2 of 1883 (as amended) Police Ordinance No. 16 of 1865 (as amended) Prevention of Terrorism (Temporary Provisions) Act No. 48 of 1979 (as amended) Public Security Ordinance No. 25 of 1947 Removal of Officers (Procedure) Act No. 5 of 2002 Special Presidential Commissions of Inquiry Law No. 7 of 1978 Sri Lanka Foundation Law No. 31 of 1973 State Council (Order in Council) of 1931 State Council (Amendment) Orders in Council 1934 and 1935 Tamil Language (Special Provisions) Act No. 28 of 1958 EMERGENCY REGULATIONS AND DIRECTIVES Emergency (Establishment of the Human Rights Task Force) Regulations No. 1 of 1995, Gazette Extraordinary 874/8, 07.06.1995 Emergency Regulations, Gazette Extraordinary 673/2, 31.07.1991 Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2005, Gazette No. 1405/14 as amended by Gazette No. 1651/11, 05.08.2008 Emergency (Prevention and Prohibition of Terrorism and Specified Terrorist Activities) Regulation No. 7 of 2006, Gazette No. 1474/5, 06.12.2006 RULES, REGULATIONS, GAZETTES AND DEPARTMENTAL ORDERS Police Departmental Order No. A. 3 Police Departmental Order No. A 19 Police Departmental Order No. A. 20 Police Departmental Order No E. 21 Warrants of the Commissions Gazette No. 644/27 of 11.01.1991, Gazette No. 697/5 of 13.01.1992, Gazette No. 751/1 of 25.01.1993, Gazette No. 784/1 of 13.09.1993 GOVERNMENT REPORTS Committee Appointed to Recommend Amendments to the Practice and Procedure in Investigations and Courts, “The Eradication of Laws Delays,” Final Report, 02.04.2004 Law Commission Memorandum 16.11.1970 REPORTS OF COMMISSIONS OF INQUIRY 166
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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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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 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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Untitled - International Commission of Jurists

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