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The 1994 Western, Southern and Sabaragamuwa Disappearances Commission even found a way to include cases of suicide resulting from depression related to threats. As a matter of historical record and lessons learned, it is worth noting the various categories established by the 1994 Western, Southern and Sabaragamuwa Disappearances Commission to decide on eligibility. A similar approach was adopted by the other two 1994 Commissions. Admissible Cases The first category related to cases ex facie falling within the mandate, including persons involuntarily removed allegedly by agents of the state (police, army, etc.), para-military groups, ‘subversives’, or unknown persons, and subsequently “disappeared” (fate unknown). These cases also included persons allegedly held in detention in unauthorised army camps or police stations and subsequently “disappeared” (fate unknown). 287 There was no dispute regarding the admissibility of these cases. The second category of admissible cases - ‘other cases’ – were those in which victims of enforced disappearances were found dead. 288 i. Persons involuntarily removed allegedly by agents of the state (police, army, etc,) or para-military groups in collaboration with them or subversives or unknown persons or allegedly held under detention in unauthorised army Camps or police stations and subsequently found killed (body identified by witnesses). 289 Commissioners included these cases on the basis that it would be illogical to draw a distinction between enforced disappearances where the fate of the victim remained unknown, and those in which they had been confirmed the victims of killings.’ Illustrations a. A case where the evidence showed that the corpus had been in a detention camp after being involuntarily removed and subsequently found dead art a public road. b. Cases where girls who had been abducted from their homes as hostages by unidentified persons who had come looking for their brothers or fathers were later found to be raped and killed (in one case the body burnt). c. Cases where three brothers had been involuntarily removed and while the dead bodies of two of them had been subsequently discovered the third disappeared without any trace and remains missing to date. 290 The category of ‘other cases’ was also held to include extrajudicial killings that did not involve a period of detention. 287 Final report of the 1994 Western, Southern and Sabaragamuwa Disappearances Commission, Sessional Paper No V, 1997, at pp. 5-12. 288 ibid. 289 ibid, at p.6. 134 ibid 290 ibid. 83
ii. Persons removed by alleged agents of the state (police, army, etc.) or paramilitary groups in collaboration with them or subversives or unknown persons invading the residence etc, of the corpus and killing corpus. 291 It was pointed out 292 that although "the killing" in the above was not preceded by an involuntary removal in a physical sense, this fine distinction could not shield the case from the Commission’s investigation without offending common sense. The Commission cited the following illustration. Illustration A tenant cultivator from Embilipitiya had gone to the paddy field. On his return home he found two of his sons had been burnt alive inside the house. A third son had been removed. The cultivator’s wife and his daughters who were waiting at the doorstep had not been able to identify the perpetrators of these acts. A strict and, in the Commission’s view, nonsensical reading of the mandate would include the case of the son who had been removed but not the two sons burnt alive. Consequently, the Commission concluded that a liberal reading of the mandate was warranted. 293 A third category of admissible cases was defined by the following factors. a. The surrounding circumstances and/or climate of the times b. The personal antecedents and/or socio-economic and socio-political involvement of the victim. Illustrations – ‘Disappearances’ Victim had gone to the market place/junction/friend's or relative's place to attend a function/work place/some other errand on the day in question where there had been an official curfew or a curfew imposed by subversives/the complaint being "I think my son/husband/Friend/relative must have been taken away by the Police/Army/subversives." 294 Illustrations - 'Killings' a. Unknown persons had thrown a bomb at a Hindu Kovil. A woman street dweller who had been in the vicinity had become a victim of this act. b. One rainy night unknown persons had left a parcel near a playground of a school. The following day three children meddled with this parcel, which turned out to be a bomb. On the bomb going off the children had died. c. A large number of cases where the corpora had been found killed on a road side; near a paddy field; on and under bridges; tied to lamp posts and trees; or burnt on tyre pyres etc. 295 In these cases the evidence revealed circumstances similar to those referred to in illustrations given in regard to disappearances above. The Commission was therefore 291 ibid. 292 ibid. 293 ibid. 294 ibid. 295 ibid, at p.7. 84
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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
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The Court of Appeal dismissed petit
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process and commissions of inquiry
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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
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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
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Page 80 and 81: (f) the measures necessary to preve
Page 82 and 83: were SLFPers. I was told, that area
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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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Page 102 and 103: ecommendation to this effect by the
Page 104 and 105: As of 31 December 2000, according t
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Page 108 and 109: Chapter Four - Evaluating Sri Lanka
Page 110 and 111: pattern of harms, to recommend meas
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Page 120 and 121: Regardless of the amendment however
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Page 126 and 127: Chapter Five - Sri Lanka’s Crimin
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Page 130 and 131: 2.1. First Information Reports In a
Page 132 and 133: 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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