SRI LANKA: Does the proposed contempt of court Bill amount to 23rd amendment to the constitution?

By Basil Fernando The draft Bill entitled ‘Contempt of Court, Tribunal or Institutions’, has been included in the parliament’s order paper and the issue of the constitutionality of this Bill will now be subjected to debate. There are several key questions arising from this draft Bill. These are:- Does this proposed law amounts to repeal or amendment of the constitution?  This question arises because of Article 105(3) of the constitution which has already provisions for dealing with the contempt of court. The relevant portion is as follows: “The Supreme Court…

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The case of David Amarasinghe’s death in police custody will be heard after 13 years due to a Supreme Court decision

By Philip Dissanayake   “We were waiting near the Ganegama Cooperative shop together with a few others to go to a funeral ceremony. A group of people who came in a cab belonging to Kirindiwela police checked the people who were at that place. After some time, we saw a person got out of the cab. I well recognized that person was David. David got out of the cab and was seen walking a little further. Then a police officer who was there bludgeoned David’s backbone and lower back with…

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Thirty days statutory time frame for filing fundamental rights petitions

The Supreme Court decided on July 19, 2022, to dismiss the fundamental rights petition filed by Mr. Philip Dissanayake, Executive Director of the Right to Life Human Rights Center, and Mr. Prasanga Fernando of the same organization against Mr. Deshabandu Tennakoon, the Deputy Inspector General of Police, other responsible police chiefs, the Minister of Public Security, and the Attorney General, without hearing. The petition was, in connection with the attacks that took place near the Presidential Secretariat and the Prime Minister’s official residence on May 9, 2022, and the subsequent…

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Anti-torture laws and their implementation in Sri Lanka

  By Philip Dissanayake A young man named Dinesh Madhusankha Liyanage, a resident of the Yagirala Ittepana, works at the Agrarian Service Centre in Ittepana. On November 30, 2022, while he was on his way to work, a group of police officers of Ittepana police station took him to a deserted area in a three-wheeler, stripped him of his clothes, rubbed demon chillies all over his body including eyes, and questioned him about a theft. All this was done in connection with a theft at a tea leaf collection centre.…

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Wattala Police Arrest Police Sergeant for Assaulting and Dragging Woman

In a recent incident, the Wattala Police have taken into custody a police sergeant who was involved in an alarming act of misconduct. The officer allegedly handcuffed and forcibly dragged a woman along the busy Wattala main road on the 16th of July. According to reports, the altercation leading to this unfortunate incident stemmed from a dispute related to a transaction. Shockingly, it has come to light that the police sergeant resorted to physical assault against the woman during the course of this disagreement. The incident came to the attention…

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Sri Lankan Woman Tortured with Pins in Saudi Arabia: Urgent Call for Justice

  In the face of a devastating catastrophe, Sri Lanka relies heavily on its women working in the Middle East as vital contributors to the country’s foreign exchange, with their remittances bolstering the struggling economy. However, the dreams of a better life for their families often transform into nightmares as many of these women find themselves trapped in circumstances resembling modern-day slavery. One such harrowing tale emerges from Lindula in the Nuwara Eliya District, where Veeran Sivaranjanee, a courageous woman, suffered unimaginable torment at the hands of her employers in…

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Court of Appeal Grants Bail to Remand Suspect, Citing Prejudice and Delay in Filing Charges

In a recent development, the Court of Appeal has granted bail to an individual who had been in remand for one and a half years. The decision was based on the argument that keeping a suspect in remand without filing charges would cause significant prejudice to the individual and their family. The seriousness of the alleged crime was deemed insufficient grounds to deny bail, and the court emphasized the importance of considering the presumption of innocence. The Court of Appeal ruled in favor of the resident of Mattakkuliya, Colombo, who…

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Disturbing Revelation: One-Third of Pending Cases in Sri Lanka’s Magistrates’ Courts Involve Child Abuse and Rape

Justice Minister Wijeyadasa Rajapakshe recently disclosed a distressing truth regarding the backlog of cases in Magistrates’ courts throughout Sri Lanka. Shockingly, nearly one-third of these cases involve child abuse and rape, tarnishing the nation’s reputation and necessitating immediate action. Out of the 29,723 pending lawsuits, an alarming 5,550 cases are related to child abuse, while 4,312 cases involve rape. These offenses collectively make up 33 percent of the total cases, reflecting poorly on the cultural values of the nation and inviting scrutiny from other countries. Expressing deep concern, Minister Rajapakshe…

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Former Sri Lankan Officials Partially Settle Compensation for Easter Sunday Attack Victims

Former President Maithripala Sirisena has made a partial payment of Rs. 15 million towards the total compensation settlement of Rs. 100 million for the victims of the 2019 Easter Sunday attacks in Sri Lanka. However, he has filed a motion before the Supreme Court seeking additional time to settle the remaining Rs. 85 million. In a similar vein, former Inspector General of Police (IGP) Pujith Jayasundara has contributed Rs. 1.75 million out of the total Rs. 75 million compensation. Former Defence Secretary Hemasiri Fernando has settled Rs. 1 million from…

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R2L Commemorates International Day in Support of Victims of Torture, Calls for Action Against Torture

    In a poignant gathering held by the Right to Life Human Rights Center (R2L) in Sri Lanka, activists, lawyers, Judicial Medical Officers (JMOs), and torture victims came together to honor the International Day in Support of Victims of Torture. The event, held on June 26, 2023, focused on the theme “Torture: a Crime Against Humanity,” emphasizing the urgent need to suppress torture and protect human rights. Prominent speakers from various fields addressed the gathering, delivering thought-provoking remarks that shed light on the issue of torture and its profound…

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