Untitled - International Commission of Jurists
Untitled - International Commission of Jurists
Untitled - International Commission of Jurists
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and the end <strong>of</strong> 1994. In some cases at least, the reports are believed to contain<br />
evidence implicating individual <strong>of</strong>ficers in perpetrating disappearances. 267<br />
3. Post-1994 <strong>Commission</strong>s <strong>of</strong> Inquiry into Widespread Disappearances<br />
Sri Lanka, in the recent past, has undergone several traumatic experiences, two<br />
insurrections in the South and a war in the North and East, with disastrous<br />
repercussions on the social psyche <strong>of</strong> the nation. While a particular society may have<br />
developed means to absorb or cushion these shocks, special mechanisms should be<br />
evolved to help cope with such problems. 268<br />
3.1. The 1994 <strong>Commission</strong>s <strong>of</strong> Inquiry into Disappearances<br />
Date <strong>of</strong> Appointment: 30 November 1994. 269<br />
Date <strong>of</strong> Report: September 1997. 270<br />
Mandate: to inquire into and report on the following matters:<br />
(a) whether any persons have been involuntarily removed or have<br />
disappeared from their places <strong>of</strong> residence in the [Central, North Western,<br />
North Central and Uva Provinces/Northern & Eastern Provinces/ Western<br />
Province, Southern Province and the Sabaragamuwa Province] at any time<br />
after 1 January 1988;<br />
(b) the evidence available to establish such alleged removals or<br />
disappearances;<br />
(c) the present whereabouts <strong>of</strong> the persons alleged to have been so<br />
removed, or to have disappeared;<br />
(d) whether there is any credible material indicative <strong>of</strong> the person or<br />
persons responsible for the alleged removals or disappearances;<br />
(e) the legal proceedings that can be taken against the persons held to be<br />
so responsible;<br />
267 Law and Society Trust, “Impunity,” in State <strong>of</strong> Human Rights Report 1994, 1995, at p. 114.<br />
268 Final report <strong>of</strong> the <strong>Commission</strong> <strong>of</strong> Inquiry into the Involuntary Removal or Disappearance <strong>of</strong> Persons<br />
in the Western, Southern and Sabaragamuwa Provinces, Sessional Paper No. V, 1997, at p.167.<br />
269 Appointed by President Chandrika Kumaratunge. The 1994 Western, Southern and Sabaragamuwa<br />
Disappearances <strong>Commission</strong> comprised Manouri Kokila Muttetuwegama (Attorney-at-Law)<br />
functioning as Chairperson along with Amal Jayawardene (University <strong>of</strong> Colombo) and Jayantha de<br />
Almeida Guneratne (Attorney-at-Law). The other two Regional <strong>Commission</strong>s were headed by<br />
K.Palakidner (Retd. Court <strong>of</strong> Appeal President) and T. Sundaralingam (Retd. High Court Judge).<br />
270 See Final report <strong>of</strong> the <strong>Commission</strong> <strong>of</strong> Inquiry into the Involuntary Removal or Disappearance <strong>of</strong><br />
Persons in the Central, North Western, North Central and Uva Provinces, Sessional Paper No VI-1997<br />
(at Appendix 1, p. 7); the Final report <strong>of</strong> the <strong>Commission</strong> <strong>of</strong> Inquiry into the Involuntary Removal or<br />
Disappearance <strong>of</strong> Persons in the Western, Southern and Sabaragamuwa Provinces, Sessional Paper No.<br />
V, 1997, at p.179); and Final report <strong>of</strong> the <strong>Commission</strong> <strong>of</strong> Inquiry into the Involuntary Removal or<br />
Disappearance <strong>of</strong> Persons in the Northern and Eastern Provinces, Sessional Paper No VII-1997at p. 1).<br />
This Study also examines the Special report <strong>of</strong> the 1994 Western, Southern and Sabaragamuwa<br />
Disappearances <strong>Commission</strong> titled 'Some Reports <strong>of</strong> Cases' dated 31.05. 1997 (unpublished).<br />
78