UNITED NATIONS
Economic and Social Council

Report of the Special Rapporteur, Mr. Bacre Waly Ndiaye submitted pursuant to Commission on Human Rights resolution 1997/61 - Visit to Sri Lanka

QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS IN ANY PART OF THE WORLD,WITH PARTICULAR REFERENCE TO COLONIAL AND OTHER DEPENDENT COUNTRIES AND TERRITORIES

Extrajudicial, Summary or Arbitrary Executions

CONTENTS

Introduction

I. VISIT TO SRI LANKA

A. The general context

B. Visit to Jaffna

C. Visit to Batticaloa

II. THE RIGHT TO LIFE: FINDINGS AND CONCERNS

A. Violations of the right to life in the context of armed conflict

B. Violations of the right to life committed by the LTTE

C. Violations of the right to life committed by home guards

D. Violations of the right to life committed in the context of political violence

III. APPLICABLE LEGAL INSTRUMENTS

A. Human rights and humanitarian law

B. The relevance of the situation of armed conflict

C. The national legislation

IV. ACTION BY THE GOVERNMENT OF SRI LANKA REGARDING CASES OF EXTRAJUDICIAL, SUMMARY OR ARBITRARY EXECUTIONS

A. Investigation of cases of human rights violations

B. Human Rights Commission

C. Commissions of Inquiry into Involuntary Removal and Disappearances

D. Drafting of a new constitution

V. IMPUNITY

VI. CONCLUSIONS

VII. RECOMMENDATIONS

12 March 1998

E/CN.4/1998/68/Add.2

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