the Liberhan Commission seems to adopt a reverse onus. Malawi Commissions are not bound Broad-ranging and No evidence of any official by rules of evidence, policy oriented; response to reports. suggesting a low standard of suggestions for proof and no rules regarding criminal prosecution onus of proof. are also made. Malaysia The standard used is Broad-ranging and Not binding but significant either a reasonableness policy oriented; political weight. standard, or a civil law adverse findings standard. against individuals No significant are common. discussion on onus. New Zealand Generally a standard of and Not binding but carry significant proof lower than either policy oriented; S political weight. the civil or criminal law 11(2) of the Inquiries standard seems to have Act 2013 indicates been adopted—this is individual findings a necessary of fault are concomitant of the permissible. exploratory nature of a commission (Lord Diplock). No significant discussion on onus. Pakistan The Abbotabad Broad-ranging and Not binding, and are often Commission suggests a policy oriented; unmet with any response for the diluted version of the individual government. preponderant responsibility probabilities standard. allocated where No significant mandated. discussion on onus.
the Liberhan Commission seems to adopt a reverse onus. Malawi Commissions are not bound by rules of evidence, suggesting a low standard of proof and no rules regarding onus of proof. Broad-ranging and policy oriented; suggestions for criminal prosecution are also made. No evidence of any official response to reports. Malaysia The standard used is either a reasonableness standard, or a civil law standard. No significant discussion on onus. Broad-ranging and policy oriented; adverse findings against individuals are common. Not binding but significant political weight. New Zealand Generally a standard of proof lower than either the civil or criminal law standard seems to have been adopted—this is a necessary concomitant of the exploratory nature of a commission (Lord Diplock). No significant discussion on onus. and policy oriented; S 11(2) of the Inquiries Act 2013 indicates individual findings of fault are permissible. Not binding but carry significant political weight. Pakistan The Abbotabad Commission suggests a diluted version of the preponderant probabilities standard. No significant discussion on onus. Broad-ranging and policy oriented; individual responsibility allocated where mandated. Not binding, and are often unmet with any response for the government.
OPBP-LRC-Marikana-Commission-Report.docx