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CHAPTER 10
WHETHER THE RIGHTS OF ANY PERSON OR PERSONS WERE VIOLATED
IN ANY OF THE AFFECTED OR RELATED COMMUNITIES BY EITHER LAW
ENFORCEMENT OFFICERS OR BY ANYONE ELSE AND, IF SO, WHOSE
RIGHTS WERE VIOLATED, AND THE MANNER AND EXTENT OF SUCH
VIOLATIONS, AND BY WHOM SUCH VIOLATIONS
WERE PERPETRATED
ToR (J)
INTRODUCTION
10.1
Similar issues arise in this Chapter and Chapter 14 (dealing with the
conduct of the security forces during May 2010). These issues are both of law
and fact. We have therefore decided to discuss some of the issues of law in
Part I of this Chapter in some detail to avoid repetition later. The issues of law
involve consideration of the Constitution and the Emergency Powers Regulations
(No.1) 2010 promulgated by the Governor-General under section3 of the
Emergency Powers Act.
10.2.
Part 2 of this Chapter reviews the evidence of alleged violations of
the Constitutional rights of the civilian witnesses who appeared before us.
However, to the extent that we have previously given extensive treatment to the
evidence of those witnesses in Chapters 8 and 9, our review of the evidence will
be condensed substantially and limited to such facts as are material to an
understanding and appreciation of the immediate issue.