Untitled - International Commission of Jurists
Untitled - International Commission of Jurists
Untitled - International Commission of Jurists
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Date <strong>of</strong> Publication <strong>of</strong> Report: not published<br />
Mandate: to inquire into past involuntary removal <strong>of</strong> persons during 1991-<br />
1993 and<br />
(i) whether such illegal acts took place by reason <strong>of</strong> any lack <strong>of</strong> legal provision<br />
in the present laws relating to law enforcement;<br />
(ii) the remedial measures necessary to prevent the future occurrence <strong>of</strong> such<br />
illegal activity. 262<br />
and:<br />
(i) any complaints <strong>of</strong> such alleged removals, and/or the subsequent lack <strong>of</strong><br />
information <strong>of</strong> the whereabouts <strong>of</strong> the person or persons so removed;<br />
(ii) the credibility <strong>of</strong> such complaint;<br />
(iii) your recommendation as to whether or not further investigations into such<br />
complaint are warranted for the purpose <strong>of</strong> the institution <strong>of</strong> legal<br />
proceedings 263<br />
2.5. Reflections on the 1991 Presidential <strong>Commission</strong>s<br />
An analysis <strong>of</strong> the historical context and conduct <strong>of</strong> these commissions shows them to<br />
be, in relative terms, unworthy predecessors to the post-1994 Disappearances<br />
<strong>Commission</strong>s. The 1991 Presidential <strong>Commission</strong>s 264 are difficult to characterize in<br />
any other way than as efforts to deflect international criticism <strong>of</strong> Sri Lanka’s human<br />
rights record. The mandate, proceedings and procedures <strong>of</strong> the Presidential<br />
<strong>Commission</strong>s were seriously defective. Their hearings were held in secret, their<br />
reports on some individual cases reported to it were not made public, and their<br />
mandate did not include the thousands <strong>of</strong> cases reported prior to 1991. 265 Apparently,<br />
3,669 cases had been reported to the PCIIRP which were before the mandated time<br />
period. 266 It was during this time period, namely 1987-1990, that the worst <strong>of</strong> the<br />
abuses perpetrated by government and paramilitaries linked to the government had<br />
occurred in response to the attempts by the JVP to overthrow the United National<br />
Party government.<br />
The findings <strong>of</strong> the 1991 Presidential <strong>Commission</strong>s were not made public at any<br />
stage. However, it has been observed that the <strong>Commission</strong>s “had submitted reports<br />
on at least 142 cases <strong>of</strong> disappearance to successive presidents between January 1991<br />
261 The Gazette <strong>of</strong> the Democratic Socialist Republic <strong>of</strong> Sri Lanka, Extraordinary, No. 784/1,<br />
13.09.1993. This fourth <strong>Commission</strong> was appointed by President D.B. Wijetunge upon assuming the<br />
<strong>of</strong>fice <strong>of</strong> the Executive Presidency shortly folowing President R. Premadasa’s assassination by an<br />
LTTE suicide bomber on 01.05.1993.<br />
262 ibid. Schedule “A”.<br />
263 ibid, Schedule “B”.<br />
264 Coining <strong>of</strong> the phrase ‘involuntary removals’ in relation to <strong>Commission</strong>s <strong>of</strong> Inquiry was first<br />
evidenced by these <strong>Commission</strong>s. This terminology was later followed by the 1994/1998 <strong>Commission</strong>s<br />
<strong>of</strong> Inquiry into Involuntary Removal or Disappearances <strong>of</strong> Persons consequent to some discussion on<br />
the exact parameters <strong>of</strong> this term as would be seen in the later analysis in this section.<br />
265 This was criticized strongly by Amnesty <strong>International</strong>. See Amnesty <strong>International</strong>, ‘Sri Lanka,<br />
Implementation <strong>of</strong> the Recommendations <strong>of</strong> the UN Working Group on Enforced or Involuntary<br />
Disappearances following their visits to Sri Lanka in 1991 and 1992’, AI Index, ASA/37/04/98,<br />
February 1998, at p. 6.<br />
266 Amnesty <strong>International</strong>, ‘Sri Lanka; An Assessment <strong>of</strong> the Human Rights Situation’, AI Index,<br />
ASA/37/1/93, 1993, at p. 4.<br />
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