Untitled - International Commission of Jurists

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In exploring what constitutes a veritable minefield of contentious information in the current context in Sri Lanka, the author is indebted to Dr J. de Almeida Guneratne P.C., former Commissioner, 1994 Presidential Commission of Inquiry to Investigate the Involuntary Removal or Disappearances of Persons in the Western, Southern and Sabaragamuwa Provinces as well as Mr M.C.M. Iqbal, former Secretary to two Presidential Commissions of Inquiry into Involuntary Removal or Disappearances of Persons, with whom the perspectives of this research were shared. Research assistance was rendered by attorneys-at-law Prameetha Abeywickrema and Palitha de Silva, who also conducted interviews relevant to the analysis. Roger Normand, John Tyynela and Ian Seiderman of ICJ edited the report and provided invaluable substantive input and constant encouragement, which is deeply appreciated. 1
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Page 4 and 5: 3
Page 6 and 7: ABBREVIATIONS AC AG AHRC AI A-L ALR
Page 8 and 9: TAB TELO TUF TULF TYL UN UNHRC UNP
Page 10 and 11: government agencies may be unable o
Page 12 and 13: appointed under the Commissions of
Page 14 and 15: communities. Krishanthi Kumaraswamy
Page 16 and 17: investigative function that could m
Page 18 and 19: measures recommended in regard to r
Page 20 and 21: and Bandaranaike became the prime m
Page 22 and 23: assembly and association of trade u
Page 24 and 25: majority pro-Sinhala political lead
Page 26 and 27: The violence reached a crescendo in
Page 28 and 29: enforced disappearances were report
Page 30 and 31: The Court of Appeal dismissed petit
Page 32 and 33: process and commissions of inquiry
Page 34 and 35: Declaration on Upholding Human Righ
Page 36 and 37: terms, 66 and clear guidelines laid
Page 38 and 39: Though the drafters of second Repub
Page 40 and 41: • Perera v. AG 89 and Wickremeban
Page 42 and 43: was also spared the distinction of
Page 44 and 45: The Court’s reasoning at times ap
Page 46 and 47: however, linked the habeas corpus a
Page 48 and 49: The ineffectiveness of the writ rem
Page 50 and 51: The Court of Appeal when sending th
Page 52 and 53:
anything. We have received informat
Page 54 and 55:
the findings of guilt against the a
Page 56 and 57:
The Embilipitiya case is unique in
Page 58 and 59:
police did not carry out the arrest
Page 60 and 61:
sexual intercourse […].” 177 He
Page 62 and 63:
accused even though the relevant do
Page 64 and 65:
confession made to the military pol
Page 66 and 67:
Chapter Three - Commissions of Inqu
Page 68 and 69:
excesses that had preceded the acti
Page 70 and 71:
property of Sinhalese persons domic
Page 72 and 73:
appear before the Commission was al
Page 74 and 75:
Notwithstanding these consideration
Page 76 and 77:
The Commission’s recommendation t
Page 78 and 79:
Date of Publication of Report: not
Page 80 and 81:
(f) the measures necessary to preve
Page 82 and 83:
were SLFPers. I was told, that area
Page 84 and 85:
The 1994 Western, Southern and Saba
Page 86 and 87:
focused on allowing within its purv
Page 88 and 89:
3.1.3. Reflections on the Procedure
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However, the weak process of re-ref
Page 92 and 93:
ouster) clause ruling out judicial
Page 94 and 95:
(g) The relief if any that should b
Page 96 and 97:
Interdiction from service of allege
Page 98 and 99:
The Batalanda Commission recommende
Page 100 and 101:
3.3.3. The Bindunuwewa Commission D
Page 102 and 103:
ecommendation to this effect by the
Page 104 and 105:
As of 31 December 2000, according t
Page 106 and 107:
much affected by the awareness that
Page 108 and 109:
Chapter Four - Evaluating Sri Lanka
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pattern of harms, to recommend meas
Page 112 and 113:
justified and spelled out in the ma
Page 114 and 115:
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
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6.4. Affording alleged perpetrators
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Chapter Five - Sri Lanka’s Crimin
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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
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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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[…] while those in authority hold
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5.2. Language Issues at Trial Stage
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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 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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