12.   (1) The Supreme Court may refer any matter arising in the course of a hearing of an application made to the Supreme Court under Article 126 of the Constitution to the Commission for inquiry and report.

(2) The Commission shall inquire and report to the Supreme Court on the matters referred to it under subsection (1), within the period, if any, specified in such reference.

13.   (1) Where a complaint is made by an aggrieved party in terms of section 14, to the Commission, within one month of the alleged infringement or imminent infringement of a fundamental right by executive or administrative action, the period within which the inquiry into such complaint is pending before the Commission, shall not be taken into account in computing the period of one month within which an application may be made to the Supreme Court by such person in terms of Article 126 (2) of the Constitution.

(2) Where the Supreme Court makes a reference in terms of section 12 (1) to the Commission for inquiry or report, the period commencing from the date of such reference and ending on the date of the report of the Commission, shall not be taken into account in computing the period of two months referred to in Article 126 (5) of the Constitution.

14.   The Commission may, on its own motion or on a complaint made to it by an aggrieved person or group of persons or a person acting on behalf of an aggrieved person or a group of persons, investigate an allegation of the infringement or imminent infringement of a fundamental right of such person or group of persons caused –

(a)     by executive or administrative action; or

(b)     as a result of an act which constitutes an offence under the Prevention of Terrorism Act No. 48 of 1979, committed by any person.

15.   (1) Where an investigation conducted by the Commission under section 14 does not disclose the infringement or imminent infringement of a fundamental right by executive or administrative action or by any person referred to in paragraph (b) of section 14, the Commission shall, record that fact, and shall accordingly inform the person making the complaint within thirty days.

(2) Where an investigation conducted by the Commission under section 14 discloses the infringement or imminent infringement of a fundamental right by executive or administrative action, or by any person referred to in paragraph (b) of section 14, the Commission shall have the power to refer the matter, where appropriate, for conciliation or mediation.

(3) Where an investigation conducted by the Commission under section 14 discloses the infringement or imminent infringement of a fundamental right by executive or administrative action, or by any person referred to in paragraph (b) of section 14, the Commission may, where it appears to the Commission that it is not appropriate to refer such matter for conciliation or mediation, or where it appears to the Commission that it is appropriate to refer the matter for conciliation or mediation, but all or any of the parties object or objects to conciliation or mediation, or where the attempt at conciliation or mediation is not successful-

(a)     recommend to the appropriate authorities, that prosecution or other proceedings be instituted against the person or persons infringing such fundamental right;

(b)     refer the matter to any court having jurisdiction to hear and determine such matter in accordance with such rules of court as may be prescribed therefor, and within such time as is provided for invoking the jurisdiction of such court, by any person;

(c)     make such recommendations as it may think fit, to the appropriate authority or person or persons concerned, with a view to preventing or remedying such infringement, or the continuation of such infringement.

(4) Without prejudice to the generality of the recommendations that may be made under paragraph (c) of subsection (3), the Commission may-

(a)     recommend that the act or omission giving rise to the infringement or imminent infringement of a fundamental right be reconsidered or rectified;

(b)     recommend that the decision giving rise to the infringement or imminent infringement of a fundamental right be reconsidered or rectified;

(c)     recommend that the practice on which the decision, recommendation, act or omission giving rise to the infringement or imminent infringement of a fundamental right was based, be altered; and

(d)     recommend that reasons be given for the decision, recommendation, act or omission giving rise to the infringement or imminent infringement of a fundamental right.

(5) No recommendation shall be made by the Commission under the preceding provisions of this section in respect of the infringement or imminent infringement of a fundamental right except after affording an opportunity of being heard to the person alleged to be about to infringe or to have infringed such fundamental right.

(6) A copy of a recommendation made by the Commission under the preceding provisions of this section in respect of the infringement or imminent infringement of a fundamental right shall be sent by the Commission to the person aggrieved, the head of the institution concerned, and the Minister to whom the institution concerned has been assigned.

(7) The Commission shall require any authority or person or persons to whom a recommendation under the preceding provisions of this section is addressed to report to the Commission, within such period as may be specified in such recommendation, the action which such authority or person has taken, or proposes to take, to give effect to such recommendation and it shall be the duty of every such person to report to the Commission accordingly.

(8) Where any authority or person or persons to whom a recommendation under the preceding provisions of this section is addressed, fails to report to the Commission within the period specified in such recommendation or where such person reports to the Commission and the action taken, or proposed to be taken by him to give effect to the recommendations of the Commission, is in view of the Commission, inadequate, the Commission shall make a full report of the facts to the President who shall, cause a copy of such report to be placed before Parliament.

16.   (1) Where the Commission refers a matter for conciliation or mediation under section 15 it shall appoint one or more persons to conciliate or mediate between the parties.

(2) The manner of appointment and the powers and functions of conciliators or mediators shall be as prescribed.

(3) The Commission may direct the parties to appear before the conciliators or mediators for the purpose of conciliation or mediation. Sittings of the conciliators or mediators may be held in camera.

(4) In the event of the conciliation or mediation not being successful, or where one party objects to conciliation or mediation, the conciliator or mediator shall report to the Commission accordingly.

(5) Where the conciliators or mediators are successful in resolving the matter by conciliation or mediation they shall inform the Commission of the settlement arrived at.

(6) Where a matter is referred to for conciliation or mediation under this section and a settlement is arrived at, the Commission shall make such directions (including direction as to the payment of compensation) as may be necessary to give effect to such settlement.

17.   Where in the course of an inquiry or investigation conducted by the Commission a question arises as to the scope or ambit of a fundamental right, the Commission may refer such question to the Supreme Court under Article 125 of the Constitution, for the determination of the Supreme Court.

18.   (1) The Commission shall, for the purposes of an inquiry or investigations under this Act, have the power-

(a)     to procure and receive all such evidence, written or oral, and to examine all such persons as witnesses, as the Commission may think it necessary or desirable to procure or examine;

(b)     to require the evidence (whether written or oral) of any witness, to be given on oath or affirmation, such oath or affirmation to be that which could be required of the witness if he were giving evidence in a court of law, and to administer and cause to be administered by an officer authorized in that behalf by the Commission an oath or affirmation to every such witness;

(c)     to summon any person residing in Sri Lanka, to attend any meeting of the Commission to give evidence or produce any document or other thing in his possession, and to examine him as a witness or require him to produce any document or other thing in his possession;

(d)     to admit notwithstanding any of the provisions of the Evidence Ordinance, any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings.

(e)     to admit or exclude the public from such inquiry or investigation or any part thereof.

19.   (1) A person who gives evidence before the Commission shall in respect of such evidence, be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.

(2) No person shall in respect of any evidence written or oral, given by that person to, or before the Commission be liable to any action, prosecution or other proceeding, civil or criminal in any court.

(3) Subject as hereinafter provided, no evidence of any statement made or given by any person to, or before, the Commission, shall be admissible against that person in any action, prosecution or other proceeding, civil or criminal in any court:

Provided that, nothing in the preceding provisions of this subsection shall-

(a)     affect, or be deemed or construed to affect, any prosecution or penalty for any offence under Chapter XI of the Penal Code read with section 23 of this Act;

(b)     prohibit, or be deemed or construed to prohibit the publication or disclosure of the name, or of the evidence or any part of the evidence of any witness who gives evidence before the Commission for the purposes of the prosecution of that witness for any offence under Chapter XI of the Penal Code.

20.   (1) Every summons shall be under the hand of the Chairman of the Commission.

(2) Any summons may be served by delivering it to the person named therein, or where that is not practicable, by leaving it at the last known place of abode of that person, or by registered post.

(3) Every person to whom a summons is served shall attend before the Commission at the time and place mentioned therein, and shall answer the questions put to him by the Commission or produce such documents or other things as are required of him and are in his possession or power, according to the tenor of the summons.

21.   (1) Every offence of contempt committed against, or in disrespect of, the authority of the Commission shall be punishable by the Supreme Court as though it were an offence of contempt committed against, or in disrespect of, the authority of that Court, and the Supreme Court is hereby vested with jurisdiction to try every such offence.

(2) An act done or omitted to be done in relation to the Commission, whether in the presence of the Commission or otherwise, shall constitute an offence of contempt against, or in disrespect of, the authority of the Commission, if such act would, if done or omitted to be done in relation to the Supreme Court, have constituted an offence of contempt against, or in disrespect of, the authority of the such Court.

(3) If any person-

(a)      fails without cause, which in the opinion of the Commission is reasonable, to appear before the Commission at the time and place mentioned in the summons served under this Act; or

(b)     refuses to be sworn or affirmed, or having being duly sworn or affirmed refuses or fails without cause, which in the opinion of the Commission is reasonable, to answer any question put to him touching the matters being inquired into, or investigated by, the Commission; or

(c)      refuses or fails without cause which in the opinion of the Commission is reasonable, to comply with the requirements of a notice or written order or direction issued or made to him, by the Commission; or

(d)     upon whom a summons is served under this Act, refuses or fails without cause, which in the opinion of the Commission is reasonable, to produce and show to the Commission any document or other thing, which is in his possession or control and which is in the opinion of the Commission necessary for arriving at the truth  of the matters being inquired into, or investigated,

such person shall be guilty of the offence of contempt against, or in disrespect of, the authority of the Commission.

(4) Where the Commission determines that a person is guilty of an offence of contempt under subsection (2) or subsection (3), against, or in disrespect of, its authority the Commission may transmit to the Supreme Court, a Certificate setting out such determination; every such Certificate shall be signed by the Chairman of the Commission.

(5) In any proceedings for the punishment of an offence of contempt which the Supreme Court may think fit to take cognizance of, as provided in this section, any document purporting to be a Certificate signed and transmitted to the Court under subsection (4) shall-

(a)     be received in evidence, and be deemed to be such a certificate without further, unless the contrary is proved, and

(b)     be evidence that the determination set out in the certificate was made by the Commission and of the facts stated in the determination.

(6) In any proceeding taken as provided in this section for the punishment of any alleged offence of contempt against, or in disrespect of, the authority of the Commission, no member of the Commission shall, except with his own consent, and notwithstanding anything to the contrary in this Act, be summoned or examined as a witness.