Untitled - International Commission of Jurists

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United Nations Human Rights Committee, Concluding Observations on Syria, CCPR/CO/71/SYR, 28.05.2001 United Nations Human Rights Committee, Concluding Observations on Sri Lanka (1995), CCPR/CO/79/Add.56, 27.07.1995 United Nations Human Rights Committee, Concluding Observations on Sri Lanka (2003), CCPR/CO/79/LKA, 01.12.2003 United Nations Human Rights Committee, Concluding Observations on Uzbekistan, , CCPR/CO/71/UZB, 26.04.2001 United Nations Human Rights Committee, Concluding Observations on Venezuela, CCPR/C/79/Add.13, 28.12.1992 POLICY PAPERS/BRIEFS, REPORTS & STATEMENTS Amnesty International, ‘Disappearances and Political Killings. Human Rights Crisis of the 1990’s, A Manual for Action’, abbreviated version published by the Nadesan Centre, Colombo, 1994 Amnesty International, ‘Report of An Amnesty International Mission to Sri Lanka,’ 9-15 January 1975, May 1976 Amnesty International, ‘Report of An Amnesty International Mission to Sri Lanka,’ 31 January – 9 February 1982 Amnesty International, ‘Sri Lanka; An Assessment of the Human Rights Situation’, AI Index, ASA/37/1/93, 1993 Amnesty International, ‘Sri Lanka: Extrajudicial Executions, ‘Disappearances’ and Torture,’ 1987-1990, AI Index, ASA/37/21/90, September 1990 Amnesty International, ‘Sri Lanka, Implementation of the Recommendations of the UN Working Group on Enforced or Involuntary Disappearances following their visits to Sri Lanka in 1991 and 1992’, AI Index, ASA/37/04/98, February 1998 Amnesty International, ‘Sri Lanka; Rape in Custody,’ AI Index, ASA 37/001/2002, 2002 Amnesty International, ‘Time for Truth and Justice’, AI Index, ASA 37/04/95, 1995 Amnesty International, ‘When will Justice be Done?’ AI Index, ASA 37/15/94, 1994 Amnesty International, ‘Twenty Years of Make-Believe, Sri Lanka’s Commissions of Inquiry, June 2009 Centre for Policy Alternatives, ‘Commission of Inquiry and the International Independent Group of Eminent Persons; Commentary on developments’, CPA Policy Brief No 2, 2007 British Refugee Council, Sri Lanka Monitor, No. 138, July 1999 Danish Immigration Service, ‘Report of a Fact-finding Mission to Sri Lanka,’ 1998 Human Rights Watch World Report 1998 173
Human Rights Watch, ‘Sri Lanka: Failure of Justice for Victims of Massacre,’ New York, 02.06.2005 IIGEP, Public Statement, 15.04.2008, http://www.iigep.org/prerelease/estatement7.pdf INFORM, Sri Lanka Information Monitor, Colombo, February 1996 INFORM, Sri Lanka Information Monitor, Colombo, August 1996 INFORM, Sri Lanka Information Monitor, Colombo, November 1997 International Commission of Jurists, ‘Judicial Independence in Sri Lanka, Report of a Mission, 14-23 September 1997, 1998 International Commission of Jurists, Sri Lanka Briefing Paper; Emergency Laws and International Standards, April 2009. International Bar Association, Human Rights Institute, ‘Sri Lanka: Failing to protect the Rule of Law and the Independence of the Judiciary’, November 2001 International Bar Association, Human Rights Institute, ‘Justice in Retreat: A report on the independence of the legal profession and the rule of law in Sri Lanka’, May 2009 Law & Society Trust & Women and Media Collective, ‘Preventing and Prosecuting Disappearances: Looking Back and Looking Forward, Report of conference sessions, Colombo, June 2003 Law & Society Trust ‘Objections to the assistance and protection to Victims of Crime and Witnesses Bill’ Law & Society Trust, Position Paper, 17.06.2008. U.S. Department of State, ‘Sri Lanka Country Report on Human Rights Practices for 1997,’ Bureau of Democracy, Human Rights, and Labor, 30.01.1998 NEWSPAPER REPORTS AND ARTICLES ‘AG gets green light to initiate criminal proceedings', Daily Mirror, 08.02.2008 ‘Appeal Court doubles sentence’, BBC News, 04.08.2009 ‘CA dismisses writ against findings of Commission of Inquiry on Authurugiriya Safe House raid.’, The Island, 06.08.2009 Imran Vitatchi, ‘Disappearances Commissions point finger at UNP Politicos and Security Officers,’ The Sunday Times, 15.03.1998 ‘Justice after 20 years - Douglas Peiris given 5 yrs RI’, Daily Mirror, 27.08.2009 ‘Justice on a razor's edge’, The Sunday Leader, 31.11.2004 ‘More on the Sansoni Commission’, The Sunday Times, 02.03.2008 ‘Official Languages Policy - mere rhetoric?’, The Sunday Times, 05.07.2009 Pinto-Jayawardena, Kishali, ‘Discussing mock turtles and commissions of inquiry’ in ‘Focus on Rights’, The Sunday Times, 28.10.2007 174
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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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It was recorded by at least some of
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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
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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
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 170 and 171: Keenan, Alan, ‘Making Sense of Bi
Page 172 and 173: Principles on the Effective Prevent
Page 176: Pinto-Jayawardena, Kishali, ‘Furt
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