Untitled - International Commission of Jurists

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Criminal Courts Commission, Sessional Paper No. XIII, 1953 Final Report of the Sansoni Commission, Sessional Paper No. VII, July 1980 Final Report of the Kokkadicholai Commission of Inquiry, Sessional Paper No. 11, 1992 Final Report of the Commission of Inquiry into the Incident Alleged to have Occurred on the Palampiddi-Iranai Iluppaikulam-Vavuniya Road on 03.05.1991, Sessional Paper No. 11, 1991 Final Report of the Commission of Inquiry into the Involuntary Removal or Disappearance of Persons in the Western, Southern and Sabaragamuwa Provinces, Sessional Paper No. V, 1997 Final Report of the Commission of Inquiry into the Involuntary Removal or Disappearance of Persons in the Central, North Western, North Central and Uva Provinces, Sessional Paper No VI-1997 Final Report of the Commission of Inquiry into the Involuntary Removal or Disappearance of Persons in the Northern and Eastern Provinces, Sessional Paper No VII Final Report of the All Island Commission, Sessional Paper No. 1, 2001 Final Report of the Batalanda Commission, Sessional Paper No. 1, 2000 Final Report of the Presidential Truth Commission on Ethnic Violence, Sessional Paper No. III, 2003 Final Report of the Binudunuwewa Commission, November 2001 Interim and Final Reports of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Papers No. 11 and V, 1997 Interim and Final Reports of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Papers No. 11 and V, 1997/ Special Report of the Commission 'Some Reports of Cases' dated 31.05. 1997 (unpublished) Interim and Final Reports of the 1994 Central, North Western, North Central and Uva Disappearances Commission, Sessional Papers No. III and VI, 1997 Interim and Final Reports of the 1994 Northern and Eastern Disappearances Commission, Sessional Papers No. 11 and VII, 1997 Presidential Commission of Inquiry into the Involuntary Removal of Persons, 1991 Special Report of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, submitted to the President on 31.05.1997 PARLIAMENTARY REPORTS Hansard of 07.02.2008 REPORTS OF HUMAN RIGHTS MONITORS IN SRI LANKA Human Rights Commission of Sri Lanka, Report of the Committee on Disappearances in the Jaffna Region, October 2003, Colombo 167
Human Rights Task Force, Annual Report, 10.08.1991-10.08.1992 Human Rights Task Force, Annual Report 10.08.1992-10.08.1993 Human Rights Task Force, Annual Report 10.08.1993-10.08.1994 BOOKS, CHAPTERS, PAPERS, MAGAZINES AND STATEMENTS 1. Domestic Amaratunge, Chanaka and Wijesinha, Rajiva eds., ‘The Liberal Party Replies to the UNP’ in The Liberal Review, February 1991 Abeysekera, Charles, ‘Human Rights 1992 - A Dismal Record,’ Pravada, Social Scientist's Association, Colombo, 1993 Centre for Human Rights and Development, ‘CHRD in 2002; CHRD provides legal assistance to those without help,’ Sentinel Special Issue, Colombo, 2002 Centre for Human Rights and Development, ‘Human Rights Overview, 2002,’ Sentinel, Colombo, 2002 Centre for Human Rights and Development, ‘Issues in the News; Justice Delayed is Justice Denied,’ Sentinel, Colombo, September-December 1999 Civil Rights Movement, ‘The Next Step in the Richard de Zoysa Case,’ E-01/9/90 Civil Rights Movement, ‘Death Threats in the Richard de Zoysa Case,’ E-01/6/90 Civil Rights Movement, ‘Investigation of Disappearances; A Review as at mid-July 1998,’ 1998 Collure, Raja ‘Bilingualisation of the Public Service’ in Shanthakumar, B., ed., ‘Language Rights in Sri Lanka Enforcing Tamil as an Official Language’, Law & Society Trust, 2008 De Almeida Guneratne, Jayantha, Dr., P.C. and Pinto-Jayawardena, Kishali 'Liberty Rights at Stake; The Virtual Eclipse of the Habeas Corpus Remedy in Sri Lanka', Law & Society Trust and ARD Inc. (forthcoming) De Almeida Guneratne, Jayantha, Dr., P.C., ‘The Role of Commissions of Inquiry in Sri Lanka’s Justice System’, State of Human Rights Report 2007 Law & Society Trust De Silva, Samith, ‘A critique of the prosecutorial/judicial system and the role of the Attorney General in respect of prosecutions for grave human rights violations’, LST Review, Law & Society Trust Volume 17, Issue 234 &235, April & May 2007 De Silva, Samith, ‘Some thoughts on the current crisis affecting Sri Lankas criminal justice process’, LST Review, Law & Society Trust, Volume 18, Issue 246 &247, April & May 2008 Hoole, Rajan, ‘Sri Lanka, The Arrogance of Power; Myths, Decadence and Murder’, University Teachers for Human Rights (Jaffna), Wasala Publications, Colombo, 2001 168
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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
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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 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 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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