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(f) the measures necessary to prevent the occurrence of such alleged activities in the future; (g) the relief, if any, that should be afforded to the parents, spouses and dependents of the persons alleged to have been so removed or to have disappeared; and (h) to make such recommendations with reference to any of the matters that have been inquired into under the terms of this Warrant. In view of the importance of these Commission Reports, the following analysis deals with different aspects of their establishment, functioning and recommendations. 3.1.1. General Reflections The Commissions were each assigned a specific geographical area of the country: • Western, Southern and Sabaragamuwa (‘the 1994 Western, Southern and Sabaragamuwa Disappearances Commission’); • Central, North Western, North Central and Uva Provinces (‘the 1994 Central, North Western, North Central and Uva Disappearances Commission’); • Northern and Eastern Provinces (‘the 1994 Northern and Eastern Disappearances Commission’). These three Commissions investigated a total of 27,526 complaints out of which 16,800 cases were established to amount to enforced disappearances. Out of the 16,800 cases, the three Commissions were of the opinion that, there was evidence indicative of the identities of those responsible for the relevant involuntary removal of persons and their subsequent disappearances in respect of 1,681 cases. 271 Some specific patterns relating to the occurrence of violations emerge from analysis of the Commission Reports. The extreme poverty of the affected persons, the intense pressure exerted by police and army structures to cover up the incidents, the collaborative and even participatory role of politicians in encouraging the abuses and the poignant reality that, as revealed by the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, […] out of the 8739 cases reported to the Commission, 1296 cases concerned the involuntary removal of children aged below 19 years, effectively therefore 14.82% of the total number of disappearances. 272 Another 2,451 (28.05 percent) were from the 20-24 age group. Thus 3,747 (43 percent) of disappearances reported to the Commission were of persons aged 24 and 271 United Nations Human Rights Committee, Fourth Periodic Report of Sri Lanka, CCPR/C/LKA/2002/4, 18/10/2002, at para. 156. 272 ibid. 79
elow; 63 percent of those who disappeared were below the age of 30. 273 were also intensely victimised. Women Not only were personal scores settled but some of the personal scores seem to be directly linked with the femaleness of the victim. Further, all parties to the civil conflict had an established pattern of warning off potential members of the other side by killing or harassing relatives of known members of the opposite camp. This practice obviously affected the persons who were most at home – women and children. 274 The nature of the liability on the part of the government is a strong and common factor in all three Commission reports. Large numbers of senior politicians were implicated in the findings of the Commissions, some of them ministers of Cabinet rank at the time, as disclosed in the annexes to these Commission reports, the contents of which though sent under confidential cover to President Kumaratunge, were leaked to the media. In the annexes to the report of the 1994 Central, North Western, North Central and Uva Disappearances Commission for example, the then Justice, National Integration, Law Reform & Buddha Sasana was implicated in three disappearances, the then Minister of Central Regional Development in nine disappearances, the then Minister of Water Development in four disappearances, the then Minister of Irrigation in one disappearance and a particularly controversial member of parliament was alleged to be implicated in thirty disappearances in his area. Many of these individuals are still very much present in the political arena. Apart from these individuals, some twenty-seven members of parliament, fourteen provincial council members, twelve grama niladharis (local level administrative officers) and a Buddhist priest, along with twenty police superintendents, fifty-one police officers-in-charge (OICs), twelve army captains and four majors, were implicated in this Commission Report. 275 A notable fact is that two police OICs (one posted in the Central Province and the other in the North-West Province) were implicated (between them) in fifty-four disappearances. This is a good illustration of the climate of impunity that prevailed. In proceedings before the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, the following telling evidence was given by then senior army and police officers as to the political pressure that was brought to bear upon them in the performance of their duties: While I was co-ordinating officer Ratnapura, certain political pressures were brought to bear upon me. I was given a list of names with the directions to take them into custody, that they were JVPers. I received the list from a former Minister. When I checked the list with the police, I came to know that they 273 ibid. 274 Final report of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Paper No V, 1997, at p. 125. 275 Imran Vitatchi, ‘Disappearances Commissions point finger at UNP Politicos and Security Officers,’ The Sunday Times, 15.03.1998. 80
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In exploring what constitutes a ver
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ABBREVIATIONS AC AG AHRC AI A-L ALR
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TAB TELO TUF TULF TYL UN UNHRC UNP
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government agencies may be unable o
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appointed under the Commissions of
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communities. Krishanthi Kumaraswamy
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investigative function that could m
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measures recommended in regard to r
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and Bandaranaike became the prime m
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assembly and association of trade u
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majority pro-Sinhala political lead
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The violence reached a crescendo in
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enforced disappearances were report
Page 30 and 31: The Court of Appeal dismissed petit
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Page 34 and 35: Declaration on Upholding Human Righ
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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 82 and 83: were SLFPers. I was told, that area
Page 84 and 85: The 1994 Western, Southern and Saba
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Page 88 and 89: 3.1.3. Reflections on the Procedure
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Page 98 and 99: The Batalanda Commission recommende
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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
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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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Page 124 and 125: 6.4. Affording alleged perpetrators
Page 126 and 127: Chapter Five - Sri Lanka’s Crimin
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2.1. First Information Reports In a
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arrests. In consequence, most of th
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Lengthy delays in filing indictment
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officers who were prepared not only
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prosecutor’s office would be to i
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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
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as to why specific reform of the cr
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6.3. Absence of a Specific Crime of
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camp. Scrutiny of the evidence in t
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any direct or indirect physical or
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have been adjourned by the relevant
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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
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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
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United Nations Human Rights Committ
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Pinto-Jayawardena, Kishali, ‘Furt
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