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…
Read MoreHuman Rights Commission’s recommendations regarding Mahara Prison shootings
A Statement from The Human Rights Commission of Sri Lanka forwarded by the Asian Human Rights Commission We reproduce below a statement issued by the National Human Rights Commission of Sri Lanka on the Mahara Prison shooting on 29 November 2020. Click hereto see the statement. Asian human rights commission link here>>
Read MoreEnd 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…
Read MoreProposed 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…
Read MoreTWENTIETH 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
Read MoreAbduction and demands for ransom by some officers of Kuda oya Police Station
Two young men named Wicramage Shanaka Chathuranga and Wicramage Eishan Chintaka Lakamal both from Ambilipitiye were abducted under suspicion of the theft of four buffaloes. At the police station, they were severely tortured. According to the family, the family members were denied access to the suspects and the police denied having abducted or taken them into custody. Later, on information received by the family, they inquired from the Kuda oya Police and heard the both suspects shouting “Buddhu sir please do not torture us”. Then, one of the officers according to…
Read MoreMurder at Pugoda Police Station- OIC has not yet been arrested
n October 11, a young man Gayan Pushpkumar, 21, was arrested by the officers of the Pugoda Police Station on mistaken identity. Initially, he was suspected of having robbed some money. However, later, the money had been found in the very house the money was supposed to be stolen from. In between the suspicion and the actual discovery that the arrested suspect had nothing to do with the alleged crime, the suspect was hit and kicked on his belly by the Officer In Charge of the Pugoda Police Station, the…
Read MoreStatement on The 20th Amendment to the Constitution of Sri Lanka
We, the undersigned organisations, are deeply concerned about the impact the Sri Lanka 20th Constitutional Amendment Bill (the ‘Amendment Bill’) issued on 2 September 2020 would have on the independence and impartiality of the judiciary, if adopted. Of particular concern are the amendments proposed relating to the Judiciary and to the Judicial Services Commission. The adherence to the Commonwealth (Latimer House) Principles on the Accountability of and Relationship between the Three Arms of government (The Principles) and to the Commonwealth Charter was specifically affirmed by the Governmentof Sri Lanka. Principle…
Read MoreUrging the Sri Lankan authorities to support the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture
The Asian Human Rights Commission (AHRC) is bringing to your notice the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture. CASE NARRATIVE: In delivering the Judgement on a Fundamental Rights Violation case, under Article 126 of the Constitution, the Court found the respondent Police Officers had violated the rights of the petitioner, guaranteed under Article 11 (the right against torture). They also had violated his rights against illegal arrest and detention. In their Judgement, the three-bench Court issued this…
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