Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Chapter 3
Functions, Duties and Powers of the Commission

13. Functions, Duties and Powers of the Commission: (1) The functions, duties and powers of the Commission shall be as follows: –

(a) amended by the Third Amendment. To investigate, seek truth and record incidents relating to violation of human rights or serious violation of human rights and bring the actual facts before the public,

added by the Third Amendment.(a1) To analyze the trend, nature, gravity of violation of human rights and serious violation of human rights and the acts committed by the parties to the conflict during the armed conflict,

added by the Third Amendment.(a2) To determine the process of investigation into violation of human rights and serious violation of human rights and conduct truth-seeking,

added by the Third Amendment.(a3) To identify the root causes of the armed conflict and recommend for policy, legal and institutional reforms to be undertaken to ensure that incidents of violation of human rights and serious violation of human rights do not occur in the future,

added by the Third Amendment.(a4) To recommend persons involved in an incident of serious violation of human rights for vetting,

(b) To identify the victim and the perpetrator,

(c) To initiate reconciliation between the perpetrator and the victim and bring about reconciliation,

(d) To recommend regarding the reparation to be provided to the victim or his/her family member,

(e) To recommend for action against perpetrators who have not been reconciled and not included in amnesty,

(f) To provide the victim with an identity card and information after investigation as prescribed,

(g) To do and cause to do other works mentioned in this Act.

(2) Notwithstanding anything contained in the prevailing law, matters relating to incidents that occurred during the armed conflict, and cases pending in various courts and bodies shall be investigated by the Commission in consultation with the concerned court or body.

(3) Notwithstanding anything contained in the prevailing law, the Commission shall investigate complaints pending in various bodies on matters relating to incidents that occurred during the armed conflict.

(4) If there is a dispute as to whether an incident occurred during the armed conflict or not, the decision on that matter shall be made by the Commission.

(5) The Commission of Investigation on Disappeared Persons shall investigate matters relating to disappeared persons and the Truth-Seeking and Reconciliation Commission shall investigate matters relating to other incidents of amended by the Third Amendment. violation of human rights or serious violation of human rights under this Act.

(6) The Commission may investigate incidents relating to amended by the Third Amendment. violation of human rights or serious violation of human rights on the following basis: –

(a) If a complaint is filed with the Commission by a victim or someone on his/her behalf,

(b) If information is received by the Commission from any source,

(c) If the Commission deems it appropriate to investigate.

added by the Third Amendment.(6a) For the purpose of sub-section (6), after the appointment of the Chairperson and Members pursuant to Section 3, if a victim of rape or serious sexual violence during the armed conflict or someone on his/her behalf has missed the opportunity to file a complaint, the Commission shall publish a public notice granting a one-time period of three months to file a complaint, and shall call for complaints.

added by the Third Amendment.(6b) Notwithstanding anything contained in this Act and the rules framed under this Act, a victim who could not file a complaint due to circumstances beyond his/her control within the period during which the Commission had called for complaints before the commencement of this Section may file a complaint with the Commission within three months from the date of appointment of the Chairperson and Members pursuant to Section 3, stating the basis and reason for not being able to file such complaint.