Untitled - International Commission of Jurists

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Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Execution, adopted by the Economic and Social Council Resolution 1989/65, 24.05.1989, endorsed by the United Nations General Assembly, 15.12.1989, http://www.undocuments.net/a44r159.htm Principle 29 of the UN Principles on Impunity E/CN.4/2005/102/Add.1, 08/02/2005 Resolutions on the question of the violation of human rights and fundamental freedoms in all countries, E/CN.4/Sub.2/RES/1998/3 20 August 1998 UN Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, E/CN.4/2005/102/Add.1, 08.02.2005, recommended by the Commission on Human Rights Resolution E/CN.4/RES/2005/81, 21.04.2005 2. Reports/Statements of Special Rapporteurs and Working Groups Report by the United Nations Special Rapporteur on the Independence of the Judiciary, (April 2003), E/CN.4/2003/65/Add.1, 25.02.2003 Report by the United Nations Special Rapporteur on Violence Against Women perpetrated and/or condoned by the State during times of armed conflict (1997-2000), E/CN.4/2001/73, 23.01.2001 United Nations Special Rapporteur on the Independence of the Judiciary, Press releases, 27.02.2003 and 28.05.2003 United Nations Working Group on Enforced or Involuntary Disappearances, Report of the Working Group on Enforced or Involuntary Disappearances (5-15 October 1992), E/CN4./1993/25/Add.1, Presented to the UN Commission on Human Rights at its 50th sessions United Nations Working Group on Enforced or Involuntary Disappearances, Report of the Working Group on Enforced or Involuntary Disappearances (25-29 October 1999), E/CN.4/2000/64/Add.1, 21.12.1999; Presented to the UN Commission on Human Rights at its 56th sessions, March-April 2000 3. Periodic Reports, Follow-up Responses etc. submitted by the State Parties to the United Nations Treaty Bodies United Nations Committee against Torture, Comments by Government of Sri Lanka on the Concluding Observations of the CAT Committee, CAT/C/LKA/CO/2/Add.1, 20.02.2007 United Nations Committee against Torture, Second Periodic Report, CAT/C/48/Add.2, 06.08.2004 United Nations Human Rights Committee, Fourth Periodic Report of Sri Lanka, CCPR/C/LKA/2002/4, 18.10.2002 4. Reports, Preliminary and Concluding Observations by the United Nations Treaty Bodies United Nations Committee against Torture, Concluding Observations on Sri Lanka (1998) A/53/44, 19.05.1998 171
United Nations Committee against Torture, Concluding Observations on Sri Lanka (2005) CAT/C/LKA/CO/2, 15.12.2005 United Nations Human Rights Committee, Comments on Egypt’s second periodic report under the International Covenant on Civil and Political Rights, CCPR/C/79/Add.23, 09.08.1993 United Nations Human Rights Committee Concluding Observations on Bolivia, CCPR/C/79/Add.74, 01.05.1997 United Nations Human Rights Committee, Concluding Observations on Brazil, CCPR/C/79/Add.66, 24.07.1996 United Nations Human Rights Committee, Concluding Observations on Cameroon, CCPR/C/79/Add.116, 04.11.1999 United Nations Human Rights Committee, Concluding Observations on Chile, CCPR/C/79/Add.104, 30.03.1999 United Nations Human Rights Committee, Concluding Observations on Colombia, CCPR/C/79/Add.2, 25.09.1992 United Nations Human Rights Committee, Concluding Observations on Colombia, CCPR/C/79/Add.76, 05.05.1997 United Nations Human Rights Committee, Concluding Observations on Croatia, CCPR/C/79/Add.15, 28.12.1992 United Nations Human Rights Committee, Concluding Observations on the Dominican Republic, CCPR/CO/71/DOM, 26.04.2001 United Nations Human Rights Committee, Concluding Observations on El Salvador, CCPR/C/79/Add.34, 18.04.1994, United Nations Human Rights Committee, Concluding Observations on Ecuador, CCPR/C/79/Add.92, 18.08.1998, United Nations Human Rights Committee, Concluding Observations on Egypt, CCPR/C/79/Add.23, 09.08.1993 United Nations Human Rights Committee, Concluding Observations on Guatemala, CCPR/CO/72/GTM, 27.08.2001 United Nations Human Rights Committee, Concluding Observations on Lebanon, CCPR/C/79/ Add.78, 01.04.1997 United Nations Human Rights Committee, Concluding Observations on Poland, CCPR/C/79/Add.110, 29.07.1999 United Nations Human Rights Committee, Concluding Observations on Russian Federation, CCPR/C/79/Add.54, 29.07.1995 United Nations Human Rights Committee, Concluding Observations on Slovakia, CCPR/C/79/Add.79, 04.08.1997 172
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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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Regardless of the amendment however
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Page 132 and 133: arrests. In consequence, most of th
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Page 140 and 141: y the byzantine and unfair burdens
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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
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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 170 and 171: Keenan, Alan, ‘Making Sense of Bi
Page 174 and 175: United Nations Human Rights Committ
Page 176: Pinto-Jayawardena, Kishali, ‘Furt
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