A prison study by Human Rights Commission of Sri Lanka

In November 2020, the Human Rights Commission of Sri Lanka published a report on their prison studies. This study conducted over a long period of time of two years was based on interviews with relevant persons. This included prisoners, prison guards, and all officers and persons connected with the work of prisons. This Study is excellent documentation of the actual conditions prevailing in the prisons in Sri Lanka in 2020. It gives details of issues on the conditions in the prisons that require a close study by the Government and Civil Society.…

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Four years prison term for contempt of court violates the International Covenant on Civil and Political Rights (ICCPR)

On 12 January 2021, a three-judge bench of the Supreme Court of Sri Lanka found S. V. R. P. P. A. R. L. S. Alphonsu, known also as Ranjan Ramanayake, as guilty of having committed the offence of contempt of court and sentenced him to four years of rigorous imprisonment. The accused is presently a Member of Parliament, formerly a deputy minister, and is also a well-known actor. The reason for the charge and the conviction was an interview that was broadcast in 2017 with some words to the effect…

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A submission on the making of a new constitution

 submission on the making of a new constitution 1.This submission is made on the assumption that the attempt to make a new constitution is an act done in good faith, motivated solely by the attempt to address what has gone wrong with the system of governance in Sri Lanka and with a view to provide for the basic legal structure for sustainable form of governance that will serve the best interest of everyone in the nation. If that were not the case, if the attempt to make a constitution would…

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A Criminal Justice System in Crisis

A constitutional crisis is not just a matter relating to a legal text. It influences all aspects of life and, in particular, the working of public institutions. The Prison Study carried out by the National Human Rights Commission of Sri Lanka (HRCSL) reflects the magnitude of the problems in the criminal justice system in general and the prison system in particular. The study was done by a team of researchers on behalf of HRCSL and deserves careful examination and consideration. It is a comprehensive and clear statement about the situation…

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The duty to stop murder

In Sri Lanka, the closest event prior to the human rights day on December 10th, is the killing of 11 prisoners and injuring of over 100 other prisoners in the Mahara prisons. That incident clearly speaks about the massive contradictions involved in the claims about the protection of human rights and the actual reality that exists in the country. The prisoners, throughout the country, have been recently complaining about the spread of COVID 19. They have been attempting to get the attention of the authorities to have proper testing as…

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End of an Era

This is not an issue which has received adequate attention. Yet, I am of the view that one era of the history of Sri Lanka which commenced since independence in 1948 has come to an end in 2020.It simply means that the State and its associated socio- political system that was bequeathed to us by the British when Sri Lanka was granted independence by ending the long colonial rule, has completely collapsed and ceased to exist. Our limitations Although there may have been shortcomings in the system that we inherited…

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Proposed Constitution will enhance existing lawlessness

Why is there a need for a constitutional change? Is it to make the already bad situation worse? Or is it to undo, the state of disorder brought about by the 1978 constitution. Judging by the passing of the 20th Amendment to the constitution, it is clear that the proposed constitution is not for changing the course of the 1978 constitution. It is in fact an attempt to make things even worse from the point of the view of the governance and law and order. It will improve upon the…

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TWENTIETH AMENDMENT TO THE CONSTITUTION, PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA (Sinhala, Tamil, English)

1. This Act may be cited as the Twentieth Amendment to the Constitution. 2. The Constitution of the Democratic Socialist Republic of Sri Lanka (in this Act referred to as the “Constitution”) is hereby amended in paragraph (3A)(a)(i) of Article 31 thereof, by the substitution, for the words “by election, for a further term.” of the words “by election, for a second term.” Read the full amendment in English Read the full amendment in Sinhala Read the full amendment in Tamil

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