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CONCERN OF HIS EXCELLENCY THE PRESIDENT |
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Allegations made by certain parties, regarding the commission of serious violations of human rights by various persons in furtherance of, in the context of, and associated with, |
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- the ongoing terrorist activities against the Government of Sri Lanka, its security forces and its people, and
- the counter measures adopted by the security forces and the police, to arrest, suppress, or terminate such terrorist activities.
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ACTION |
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- cause independent and comprehensive investigations into incidents involving alleged serious violations of human rights arising since 1st August 2005 including specified serious violations of human rights , and
- examine the adequacy and propriety of the investigations already conducted into such incidents amounting to serious violations of human rights
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MECHANISM |
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- appointment of a Commission of Inquiry (CoI) for the above purpose, without prejudice to on-going investigations, inquiries, other legal processes and legal proceedings including judicial proceedings conducted by the relevant competent authorities
- appointment of an 'International Independent Group of Eminent Persons' to efficaciously observe such investigations and inquiries for maintaining transparency , and for the purpose of satisfying interested parties that such investigations and inquiries have been conducted comprehensively and in conformity with relevant basic international norms and standards
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TIME FRAME |
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- One year from the date of appointment or within such extended period of time as may be prescribed.
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SESSIONS |
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- open to the public
- the entirety or parts of the inquiries may at the discretion of the Commissioners be not held in public
- members of the International Independent Group of Eminent Persons shall be entitled to be present and observe throughout all investigations and sessions of inquiries of the Commission of Inquiry.
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AUTHORITY |
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- to obtain information, investigate and inquire into alleged serious violations of human rights arising since 1st August 2005 including specified serious violations of human rights, and
- inquire into investigations that have been and are being conducted by the relevant competent authorities into such incidents.
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OBLIGATIONS OF STATE OFFICIALS AND OTHER PERSONS |
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- to render all advice, assistance, facilities, resources, including necessary human, financial, and technical resources, information and material as may be properly rendered and furnished upon application by the CoI.
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OBLIGATIONS OF THE POLICE AND ARMED FORCES |
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- to provide necessary protection and assistance to the Commissioners, and officials of the CoI, members of the International Independent Group of Eminent Persons, and witnesses of the CoI. who may in the opinion of the said CoI require such protection or assistance.
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TASK |
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Furnish a Report or such Interim Reports as may be appropriate , containing the findings of the investigations and inquiries and recommendations on the following matters:
- Facts / circumstances of each incident
- Persons who have directly suffered death, injury or physical harm
- Circumstances leading to such death, injury or physical harm
- Persons responsible
- Nature, propriety and efficacy of investigations conducted.
- Measures to be taken against those responsible
- Measures of reparation to victims
- Measures to prevent occurrence of such incidents
- Any other recommendations arising out of findings.
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FOLLOW UP ACTION |
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- Reports of the CoI will be forwarded within two (2) months of receipt to the relevant competent authorities including the Attorney General, to initiate necessary action to implement the recommendations of the CoI including the institution of criminal proceedings.
- The Attorney General shall as soon as possible, consider and where appropriate institute necessary criminal proceedings against persons found to have been responsible for committing serious violations of human rights. The other competent authorities shall also consider and where appropriate take necessary action to implement the other recommendations of the CoI.
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