Human Rights Activists have submitted a memorandum to the Prime Minister through the District Administration Office on August 21, 2022, regarding the Act of the Commission for Investigation of Enforced Disappeared Persons and Truth and Reconciliation Commission.
In the memorandum, it has been mentioned that their serious attention has been drawn to the new amendment bill regarding the Investigation of Enforced Disappeared Persons and the Truth and Reconciliation Commission Act which has been tabled in Parliament on July 15, 2022.
They have welcomed the addition of the right to reparation in the bill and have demanded to amend it further as it contains weak provisions related to justice and prosecution.
The memorandum stresses that a bill in accordance with the order of the Supreme Court and international legal recognition was expected to be issued in the context of transitional justice which has not been finalized for a long time after the end of the conflict period.
The government has filed an amendment proposal on the Investigation of Enforced Disappeared Persons, Truth and Reconciliation Commission Act to divide the cases of human rights violations during the armed conflict into two parts. If the proposed bill is passed, the Truth and Reconciliation Commission will be able to recommend amnesty in cases of murder, sexual violence, physical or mental torture, abduction and hostage keeping, and illegal detention. Based on this, it is necessary to amend it as it promotes the culture of impunity by granting amnesty to those accused of human rights violations.
In the memorandum, it has been mentioned that the Bill is flawed from the point of view of international human rights law, and the provisions of the Bill need to be corrected, so the provisions of Section 2, Sub-Section 5 and Section 29, Sub-Section 5 of the Bill have disobeyed the International Law on Human Rights. In this section of the bill, it is said that it is necessary to improve it because it intends to grant amnesty to those who have committed war crimes and crimes against humanity.
Similarly, when the victims are waiting for justice, if the perpetrators are acquitted and this bill is implemented, it will be difficult for the perpetrators to come to the court of law, so the necessary amendments should be made to the law to make it compatible with the international criminal law by making provisions for special investigators for the investigation of conflict-time incidents.
The proposed Act is different from the principles of justice which stipulates that a special court should be formed to hear the case recommended by the commission and that the decision of the such court shall be final and that the decision of the special court may not be appealed, as this provision violates the constitutional provisions as well as the directives of the honourable Supreme Court, at least one level of appeal. It has been mentioned that arrangements should be made.