Graveyard for Disappeared Persons
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Interim Report of the Commission of Disappearances in Western Zone
SUMMARY OF RECOMMENDATIONS
1. Interpretation of the Terms
and Scope of the Mandate
- Enlargement of Mandate to
cover period 1984 to 87.
- The inclusion of a
preclusive clause, ruling out judicial review of
proceedings before the commission, in the Commissions of
- The inclusion of a provision
similar to Sec: 18B of the Special Presidential
Commission of Inquiry (Special Provisions) Law No. 4 of
1978, in the Commission of Inquiry Act.
2. The Nature of the
Destruction Disclosed by the Evidence and the Measures Necessary
for the Prevention of Recurrences in the Future
- Disciplinary Action,
including legal action, against miscreants.
- (i) Requisite
Qualifications for police officers and grama Sevakas
to be identified; (ii) Promtions to be on the basis of
(i) above + past performance; (iii) New Recruitments to
be on the basis of (i) above.
- Training Programme in
investigation to be started immediately for police
- A System of
Police-Lay-Visitors' Panels to he instituted for
each police area.
- Citizerns' Advisory
Bureaus for each provincial Secretariat area.
- The re-introduction of thr
"24-Hour-Rule" regarding police custody.
- The enforcement of the
requirement of a valid detention order in respect of
every person in state custody.
- Commissioner of Prisons to
have over-all supervisory powers in respect of all places
3. The Investigation and
Prosecution of Perpetrators
1. The agency of
investigation to be -
- the civil investigative
arm of the state, always;
- the special
Investigation Unit on the Police to handle complaints
v. Police Officers.
2. Jurisdiction to be with
3. The treatment of suspects
until the conclusion of the inquiry/case to include:
- The transfer out of the
area of the officer concerned;
- Interdiction until the
end of the inquiry/case;
- Suspension of
eligibility to promotion to be automatic.
4. The protection of
- an amnesty be declared
for persons confessing to Human Rights violations to
- Immunity from
4. Relief Measures
- The payment of compensation
to be without any political discrimination.
- The introduction of a new
tax, on the lines of the Defence Levy, to generate
adequate funds for the payment of fair and adequate
- The public sector be
instructed to do away with the requirement of a clearance
certificate from the police.
- A scholarship Programme for
school-going children of missing persons, to be
integrated into the existing scholarship programmes
administrated by the Ministry of Education.
- The provision of vocational
training to tile Head of female-headed families and youth
in families of missing persons, through their integration
into general training schemes provided by the Government.
- For the purpose of Emotional
Rehabilitation we recommend:
(i) The Educational Services and
Health Services plan out and put into operation a scheme
for the sensitization of all their personnel to the need
to be alert to this aspect;
(ii) and to setting up of
a referral scheme whereby affected children or adults
needing attention way be referred to the counselling
(iii) to mobilise the
mass media to make the public aware of the emotional
aspects of this phenomenon, including the likely
repercussions to the society as a whole, if these aspects
continue to remain unaddressed.
5. National Reconciliation
- The erection of "A Wall
of Reconciliation" whereon are inscribed the names
of all who have disappeared or died in this tragic period
of our country's history.
- The above is in addition to:
- The manifestation of the
requisite political will by the re-affirmation of the
right to peaceful dissent, to free and fair
elections, and the commitment to over-all
- The payment of
compensation by the state as an acknowledgement of
- The prosecution of
perpetrators subjects to an amnesty for those
conferring to Human Rights Violations.
- Meaningful steps to be taken immediately in respect
of the above steps.
Posted on 1999-01-01
Graveyard for Disappeared Persons
|Asian Human Rights Commission
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