Submission To Missing Persons Commission

By Chandra Jayaratne -November 29, 2013 |

Chandra Jayaratne

Mr. H. W. Gunadasa

Secretary to the Commission,

The Commission to Investigate into Complaints Regarding Missing Persons,

9/8. Suranimala Place,

Colombo 6.

Dear Sir,

Submission to the Commission to Investigate into Complaints Regarding Missing Persons

In terms of the invitation published in the Media under your hand, dated 31^st October 2013, calling for written submissions, I am pleased to make the under noted submissions:

The Commission should interpret the scope of its Terms of Reference as set out in the Warrant issued by His Excellency the President, taking cognizance of the reasons and historical background leading to the appointment of the Commission, the expressed recommendations of the Lessons Learnt and Reconciliation Commission and the expectations of the family members of missing persons.

As the main intention of the investigation is to systematically address all complaints of missing persons, the Commission needs to initially make public, a certified list of complaints of missing persons followed by verification whether such persons are living, dead or in legal custody through an investigation of the  their current status and their likely whereabouts, where applicable. The Commission also needs to extend the scope of their terms of reference to include the investigation of, where necessary, the circumstances leading to disappearances and the associated failure of law enforcement personnel in upholding the rule of law. In addition the Commission should address issues of legal redress and compensation to family members for death or disappearance of their loved ones.

Other significant consequences of disappearances which need to be addressed are livelihood support to families, safety, security and assistance in obtaining death certificates where applicable. Psychosocial support and rehabilitation treatment to family, where necessary, in addressing post traumatic stress disorders should also receive the attention of the Commission. State assistance is important to fulfill funeral rites in bringing finality to loss of loved ones in order to fulfill the envisaged process of truth and reconciliation.

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