On the day in question as pleaded Petitioner arrived in Sri Lanka at the Katunayake airport. All official steps as clearance from Customs AND Immigrations were attended and was permitted entry. She proceeded towards the exit of the airport. Petitioner was approached by a taxi driver called ‘Kelum’ who was later identified and another bystander informed her that the tattoo she was displaying on her right arm is objectionable in Sri Lanka. Thereafter another person claiming to be a member of the Civil Defence Force came to the scene and…
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Jayantha Aberathna vs Chief Inspector B.W.C. Dharmaratna and others SC(FR) No. 222/2014
The Petitioner in this case complains that he was arrested on 21.06.2013 by the 1st Respondent who is the Officer-in-Charge of the Police Station, Teldeniya. He was later produced before the Magistrate, Teldeniya as a suspect for stealing eleven pieces of sandalwood from the Magistrate’s Court of Teldeniya. He was a Civil Security Guard attached to Teldeniya Police Station. The Petitioner further complains that after the arrest he was assaulted by the 1st Respondent. Petitioner tries to support the assault launched by the 1st Respondent by his wife’s affidavit marked…
Read MoreSWARNA MANJULA and NAWARATHNA HENALAGE ROSALIYA vs PUSHPAKUMARA and others S.C. F.R. No. 241/14
In their application to this Court, the petitioners allege that the 1st and 2nd respondents violated several of the petitioners‟ fundamental rights. The case urged by the petitioners and the positions taken in the 1st and 2nd respondents‟ affidavits and documents annexed thereto, all require careful scrutiny. Therefore, I will set out, in some detail, the petitioners‟ narrative of the alleged events upon which they base their application to this Court and the positions taken by the 1st and 2nd respondents in their affidavits and the contents of the documents…
Read MoreA collection of documents on THE IMPEACHMENT MOTION AGAINST SHIRANI BANDARANAYAKE Chief Justice Of Sri Lanka by Asian Human Rights Commission
To all persons whose support is solicited An impeachment motion has been filed by 117 Members of Parliament who are members of the ruling alliance against the Chief Justice, Mrs. Shirani Bandaranayake.The background to the filing was some judgements given by the Supreme Court bench of which the Chief Justice was the head declaring some bills submitted to them by the government were in conflict with the Constitution. These judgements have been seen by almost everyone as the reason behind the impeachment.The lawyers for the Chief Justice have already issued…
Read MoreRajapaksha Pathirage Justin Rajapaksha vs. Prasanna Rathnayake and other police officers SC/FR 689/2012
”The petitioner by this petition, inter alia, seeks a declaration to the effect that his fundamental rights guaranteed under Article 11,12,13(1) and 13(2) of the Constitution have been violated by the 1st to 5th and/or 6th and/or 8th Respondents. This court, by its order dated 12.2.2013, granted leave to proceed for alleged violations of Article 11 of the Constitution against 1st to 6th Respondents; for alleged violations of Article 13(1) and 13(2) of the Constitution against the 1st Respondent and for alleged violations of Article 12(1) of the Constitution against…
Read MoreSuppiah Sivakumar vs ergeant Jayaratne and others SC. FR. No. 56/2012
On 15th May 2011 around midnight, the Petitioner had been in the vicinity of the Bambaragala Junction with his wife and his daughter to watch Theru celebrations. Around 1. 30 am, a riot had broken out in the area and as the Petitioner made haste to take his wife and daughter to safety, he alleges that he was assaulted by the 1st to 3rd Respondents with a club. The Petitioner had also alleged that he was subjected to continuous verbal and physical abuse for about 20 minutes by the said…
Read MoreArshan Rajinikanth vs Officer in Charge Bulathsinhala Police Station and others SC/FR Application No:-194/2012
The Petitioner who was 22 years at the time of the incident worked as a three wheeler driver. The Petitioner states that on 13th October 2011 at about 9.30 a.m three individuals by the names of Roshan, Selvanayagam and Raja arrived on a motor bicycle at the Petitioner’s residence and informed the Petitioner that he was wanted by the police. The Petitioner recognized these individuals as they lived in the same area. The two individuals named Roshan and Selvanayagam got the Petitioner on to the motor bicycle and took the…
Read MoreMananadewage Shifani and others vs W.A. Somaratne Wijayamuni, and others S.C. (F.R.) Application No.368/2012
The petitioners, by this petition, seek a declaration that their fundamental rights guaranteed by Articles 11, 12(1), 13(1) and 13(2) of the Constitution have been violated by the respondents. This Court, by its order dated 15.12.2012, granted leave to proceed for alleged violation of the fundamental rights guaranteed under Articles 12(1), 13(1) and 13(2) of the Constitution. ”Petition dismissed. For the aforementioned reasons, I dismiss the petition of the petitioners. In all the circumstances of this case I do not order costs.” Read the full judgement>>
Read MoreReport of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez A/HRC/19/61/Add.3
This document contains information provided by States, and other stakeholders, including National Human Rights Institutions and non-governmental organizations (NGOs), relating to the follow-up measures to the recommendations of the Special Rapporteur and his predecessors made after conducting country visits. In paragraph 5 d) of its resolution 16/23 on torture and other cruel, inhuman or degrading treatment or punishment of March 2011, the Human Rights Council urged States ―To ensure appropriate follow-up to the recommendations and conclusions of the Special Rapporteur.‖ The report submitted to the fifty-ninth session of the Commission…
Read MoreJayalath Perera vs Jagath Nishantha, Sub Inspector of Police and others SC. Application FR. No 319/2012
The Petitioner, in his amended petition, further states that he was assaulted and tortured by the 1st , 3rd and 5 th Respondents at the Divisional Crime Investigation Unit. He, in paragraph 10 of the affidavit filed in this Court, states that the assault/torture at the said Divisional Crime Investigation Unit was witnessed by G.A. Hemantha Perera and G.A. Rathnasiri Perera who were his brothers. But surprisingly the said Hemantha Perera and Rathnasiri Perera in their affidavits marked P8 and P9 do not support the said version of the Petitioner.…
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