Untitled - International Commission of Jurists

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Keenan, Alan, ‘Making Sense of Bindunuwewa - From Massacre to Acquittals,’ ‘Binudunuwewa & Embilipitiya: Questions of Substantial Justice,’ LST Review, Volume 15 Issue 212, Law & Society Trust, June 2005 Kois, Lisa, ‘Beyond the Rhetoric: Human Rights and Breakdown of the Rule of Law – The Krishanti Kumaraswamy Case,’ unpublished outline for a paper Kulatunge, KMMB, ‘Disorder in Sri Lanka’, Gunasena Publishers, 2001 Law & Society Trust, LST Review, ‘Sri Lanka’s Prosecutorial Process; A Critique,’ Volume 17, Issue 233, March-April 2007 Law & Society Trust, chapter on “Impunity,” in State of Human Rights Report 1994 (1995) Movement for Interracial Justice and Equality, ‘Kumarapuram Massacre and Legal Proceedings,’ April 1997 Pinto-Jayawardena, Kishali, ‘Lalith Athulathmudali Assassination – A Report and its Discrediting,’ Moot Point, Centre for Policy Alternatives, Legal Review, 1999 Pinto-Jayawardene, Kishali, ‘Protecting the Independence of the Judiciary: A Critical Analysis of the Sri Lankan Law’, State of Human Rights Report 1999, Law & Society Trust, 1999 Pinto-Jayawardena, Kishali, ‘Rights Accountability at stake; the difficult dilemma of the nonpromoted brigadier,’ Moot Point, Centre for Policy Alternatives, Legal Review, 2000 Pinto-Jayawardena, Kishali and Kois, Lisa in ‘Sri Lanka – the Right not to be Tortured; A Critical Analysis of the Judicial Response’, Law & Society Trust, 2008 University Teachers for Human Rights (Jaffna) ‘A Travestied Investigation, Erosion of the Rule of Law and Indicators for the Future of Minorities in Lanka’ Special Report No 33, 2009 University Teachers for Human Rights (Jaffna), ‘From Welikade to Mutur and Pottuvil: A Generation of Moral Denudation and the Rise of Heroes with Feet of Clay,’ Special Report, No. 25, 2007 University Teachers for Human Rights (Jaffna), ‘Scripting the Welikade Massacre Inquest and the Fate of Two Dissidents,’ ‘From Welikade to Mutur and Pottuvil: A Generation of Moral Denudation and the Rise of Heroes with Feet of Clay,’ Supplement to Special Report No. 25, 31.05.2007 University Teachers for Human Rights (Jaffna), ‘Gaps in the Krishanthi Kumaraswamy Case; Disappearances and Accountability,’ Special Report, Wasala Publications, Colombo, 1999 University Teachers for Human Rights (Jaffna), ‘Trincomalee District in February 1996: Focusing on the Killiveddy Massacre,’ Information Bulletin No.10, 02.03.1996 Weerakoon Batty, ‘The Attorney General’s Role in the Extra-Judicial Execution of Richard de Zoysa,’ Star Press, Published by the author, 1991 3. Regional/International Asian Human Rights Commission, ‘A Special Report on Torture’, Nick Cheesman (ed), article 2, Vo1. 1, No. 4, Hong Kong, August 2002 169
Asian Human Rights Commission, ‘Better management could address Sri Lanka's delays in justice’, AS-63-2005, 15.06.2005 Asian Human Rights Commission, ‘Investigation of Disappearances; A Review as at mid- July 1998; Civil Rights Movement’, Human Rights SOLIDARITY, Vol. 8, No. 12, Hong Kong, 1997 Asian Human Rights Commission, Press Release, 05.01.2006 Asian Human Rights Commission, ‘State of Human Rights in Eleven Asian Nations’, Hong Kong, 2006 Asian Human Rights Commission, ‘Thousands of Disappearances Established: Truth Commission urged,’ Human Rights SOLIDARITY, Vol. 7, No. 5, Hong Kong, 1997 Fernando, Basil, ‘Disappearances: 15% are Children,’ Asian Human Rights Commission, Human Rights SOLIDARITY, Vol. 8, No. 8, Hong Kong, 1997 Fernando, Basil, ‘The Right to Speak Loudly’, Asian Legal Resource Centre, 2004 Hyndman, Patricia, ‘Democracy in Peril’, Report to the LawAsia Human Rights Standing Committee, 1985 Pinto-Jayawardena, Kishali and Weliamuna, J.C. ‘Corruption in Sri Lanka’s Judiciary’ Global Corruption Report 2007, Corruption in Judicial Systems, Transparency International Global Corruption Reports, Cambridge University Press Pinto-Jayawardena, Kishali, “Sri Lanka’s National Human Rights Commission; One Step Forward, Two Steps Back,” FORUM ASIA Report to the Asia Pacific Forum of National Human Rights Institutions, FORUM ASIA, Bangkok, 2006 Pinto-Jayawardena, Kishali, ‘The Rule of Law in Decline; Study on Prevalence, Determinants and Causes of Torture and other Forms of Cruel, Inhuman or Degrading Treatment or Punishment in Sri Lanka’, The Rehabilitation and Research Centre for Torture Victims (RCT) Denmark, 2009 UNITED NATIONS DOCUMENTS 1. Treaties, Declarations, Principles etc. Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, Adopted by Resolutions 260 (3) A of the United Nations General Assembly on 09/12/1948 Article 7(3), ICTY Statute, S.C. Res. 827, U.N. SCOR, 48th Ses, 3217th mtg., Annex, U.N. Doc. S/RES/807 (1994), reprinted in 32 I.L.M. 1163 (1994). Article 16, UN General Assembly Resolution A/RES/47/133, 18.12.1992 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, A/RES/60/147, Resolution adopted by the General Assembly, 16.12.2005 General Assembly Resolution A/RES/61/177, 20.12.2006 (not yet in force). 170
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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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competence. Their findings must be
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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 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 168 and 169: Criminal Courts Commission, Session
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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