Untitled - International Commission of Jurists

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ABBREVIATIONS AC AG AHRC AI A-L ALR ASP BC Pact CA CAM CAT CC CCP Act CCPR CLW CHRD CID CJC Act CO COI Act CRM CSU DDC DIG DIU DNA DPP DSCPB DSG EMPPR EPRLF EROS FP FR FRD HC HCA HCM Hon. HQI HRCSL HRTF IATR Appeal Cases [a United Kingdom publication of law reports] Attorney General [the chief legal officer of the State and the Head of the Attorney General’s Department of Sri Lanka] Asian Human Rights Commission Amnesty International Advanced Level Examination Appellate Law Recorder [a Sri Lankan publication of law reports] Assistant Superintendent of Police [upper-rank officers having wide range of powers] Bandaranaike-Chelvanayakam Pact Court of Appeal Court of Appeal Minutes Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Constitutional Council Code of Criminal Procedure Act, No. 15 of 1979 (as amended) [a statute] Committee on Civil and Political Rights Ceylon Law Weekly Centre for Human Rights and Development Criminal Investigation Division [of the Sri Lanka Police Department] Criminal Justice Commission Act Concluding Observations Commissions of Inquiry Act Civil Rights Movement Counter Subversive Unit District Development Council Deputy Inspector General [of Police] Disappearances Investigation Unit Deoxyribonucleic Acid Director of Public Prosecutions Decisions of the Supreme Court on Parliamentary Bills Deputy Solicitor General Emergency (Miscellaneous Provisions and Powers) Regulation No 1.of 2005 as contained in Gazette No 1405/14 Eelam People’s Revolutionary Liberation Front Eelam Revolutionary Organization of Students Federal Party Fundamental Rights Fundamental Rights Decisions High Court [of the Provinces in Sri Lanka] Habeas Corpus Application High Court Minutes Honourable Head Quarters Inspector Human Rights Commission of Sri Lanka Human Rights Task Force International Association of Tamil Research 5
IBA [HRI] International Bar Association [Human Rights Institute] ICC International Coordinating Committee of National Human Rights Institutions [United Nations] ICCPR International Covenant on Civil and Political Rights IGP Inspector General of Police IIGEP International Independent Group of Eminent Persons IPKF Indian Peace Keeping Force JOC Joint Operations Command JSAB Judicial Services Advisory Board JSC Judicial Service Commission JSDB Judicial Services Disciplinary Board JVP Janatha Vimukthi Peramuna LST Law & Society Trust Lt. Col. Lieutenant Colonel of Army Lt. General Lieutenant General of Army LTTE Liberation Tigers of Tamil Eelam MC Magistrate Court MIRJE Movement for Inter-Racial Justice and Equality MP Member of Parliament MPU Missing Persons Unit MSF Medecins Sans Frontieres NLR New Law Reports [a Sri Lankan publication of law reports] NPC National Police Commission NSSP Nava Sama Samaja Party OIC Officer-in-Charge O Level Ordinary Level Examination P.C. President’s Counsel PCIIRP Presidential Commissions of Inquiry into the Involuntary Removal of Persons PLOTE People’s Liberation Organization of Tamil Eelam PSO Public Security Ordinance, No. 25 of 1947 (as amended) [a statute] PTA Prevention of Terrorism (Temporary Provisions) Act, No. 48 of 1979 (as amended) [a statute] QC Queen’s Counsel RCT Rehabilitation and Research Centre for Torture Victims RI Rigorous Imprisonment SC Supreme Court [of Sri Lanka] SCM Supreme Court Minutes SC (FR) No. Supreme Court Fundamental Rights Application Number SC Ref No. Supreme Court Reference Number SC (Spl.) L.A. No. Supreme Court Special Leave Application Number SD No. Supreme Court Determination Number SLFP Sri Lanka Freedom Party SLMC Sri Lanka Muslim Congress SLRC Sri Lanka Rupavahini Corporation SPCI Law Special Presidential Commissions of Inquiry Law No. 7 of 1978 (as amended) Sri LR Sri Lanka Law Reports [a Sri Lankan publication of law reports] SSP Senior Superintendent of Police [upper rank officers having wide range of powers] 6
Page 2 and 3: In exploring what constitutes a ver
Page 4 and 5: 3
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
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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
Page 90 and 91:
However, the weak process of re-ref
Page 92 and 93:
ouster) clause ruling out judicial
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(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
Page 110 and 111:
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
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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
Page 128 and 129:
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
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
Page 142 and 143:
[…] while those in authority hold
Page 144 and 145:
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
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The Human Rights Committee affirmed
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Thavaneethan v. Dissanayake [2003]
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Dias v. Abeywardene [1966] 68 NLR 4
Page 166 and 167:
Vadivel Sathasivam and Parathesi Sa
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Criminal Courts Commission, Session
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Keenan, Alan, ‘Making Sense of Bi
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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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