Untitled - International Commission of Jurists

excesses that had preceded the actions of the previous government, resulting in
egregious rights violations both in the North and East as well as in other parts of the
country.
However, although these commissions were somewhat more effective than the bodies
that had preceded them in terms of their commitment to a balanced and rigorous
inquiry into past abuses, certain aspects of their functioning raised concerns as to
whether they had been established as part of a political tactic to discredit the previous
regime. Such questions regarding the mandate of these commissions were creditably
deflated largely due to the integrity of the commissioners who were appointed to these
bodies. The promise of closure and healing with the past that the 1994/1998
Disappearances Commissions held out, proved largely illusory, as the government
paid little attention to their recommendations concerning reform of Sri Lanka’s justice
system and remedy and reparations.
The third section pertains to post-1994 commissions of inquiry constituted to look
into specific incidents of human rights violations. These comprise the Batalanda
Commission, (1995) the Presidential Truth Commission on Ethnic Violence (1981-
1984) and the Bindunuwewa Commission (2001). These commissions were
established at a more contentious point of the Kumaratunge administration, in the
backdrop of the resumption of the armed conflict and a rising tide of political
opposition. The integrity of the Batalanda Commission in particular was greatly
impugned in the public perception, in part due to the manner in which the
Commission functioned as well as due to the perceived political purposes for which
its findings were used by the Kumaratunge administration.
2. Pre-1994 Commissions of Inquiry
2.1. The Sansoni Commission
Date of Appointment: 9 November, 1977
Date of Report: 2 July, 1980
Mandate: regarding the incidents that took place between 13 August and 15
September, 1977, to ascertain:
• the circumstances and the causes that led to the incidents that took
place between 13 August, 1977 and 15 September, 1977, resulting in
death or injury to persons, the destruction or damage of property of any
person or state property;
• whether any person or body of persons or any organisation or any
person or persons connected with such organisation, committed or
conspired to commit, aided or abetted or conspired thereto to aid or
abet or assisted and encouraged or conspired thereto or encouraged the
commission of such above mentioned acts; and
• to recommend such measures as may be necessary to rehabilitate or
assist such affected persons and to ensure the safety of the public and
prevent a recurrence of such incidents.
67