The disparity in sentences illustrated a lack of uniformity and consistency in judges’ approaches to sentencing sexual violence offending. The non-adherence to statutory minimum sentences and ordering suspended sentences compounded the lack of consistency in sentencing. The existence, and extent, of sentencing disparities alerts to larger issues around the exercise of judicial discretion and the need for sentencing guidelines and other parameters to ensure consistency, fairness, and to minimise arbitrariness in judicial decision-making. Disparity in judicial decision-making, including non-observance of legislative constraints, indicates the exercise of judicial discretion is an…
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experience in walikada prison | Kasun Pussewela Young Journalist
INTERNATIONAL COMMISSION OF JURISTS’ SUBMISSION TO THE UNIVERSAL PERIODIC REVIEW OF SRI LANKA 2017.
SUBMISSION OF THE INTERNATIONAL COMMISSION OF JURISTS TO THE UNIVERSAL PERIODIC REVIEW OF SRI LANKA ”Composed of 60 eminent judges and lawyers from all regions of the world, the International Commission of Jurists promotes and protects human rights through the Rule of Law, by using its unique legal expertise to develop and strengthen national and international justice systems. Established in 1952, in consultative status with the Economic and Social Council since 1957, and active on the five continents, the ICJ aims to ensure the progressive development and effective implementation…
Read MoreJOINT ALTERNATIVE REPORT From the Sri Lankan NGO Collective to the Committee Against Torture
”2.1 A protracted civil war of 26 years between government forces and the LTTE inflicted devastating consequences at a human, social, and institutional level. In May 2009, a military victory declared by the Sri Lankan Government saw the end of the war”. ”2.3 In September 2010, constitutional reform was rushed through Parliament (18th Amendment to the Constitution), which among other things, effectively removed the two term limit on the Executive Presidency, thereby solidifying the president’s power over the Attorney-General, judiciary and various “independent” commissions. The president was conferred unfettered powers…
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Police torture cases Sri Lanka 1998- 2011, Edited by Basil Fernando
The Asian Human Rights Commission (AHRC) has compiled a report of 1500 cases of police torture in Sri Lanka between 1998 and 2011. This particular report summarizes 323 of the most serious cases of torture. The most notable finding of this report is that almost all of the victims whose cases were summarized were randomly selected by the police to be arrested and detained for a fabricated charge. Perhaps the most shocking aspect of the criminal justice system in Sri Lanka is the overwhelmingly large number of charges which are…
Read MoreLeelawathie Hariot Perera and others vs. N.K. Illangakoon, Inspector General of Police, and others SC /FR/ Application No 372/2015
As submitted on behalf of the Petitioners, one Rumesh Liroshan Fernando who was only 20 years at the time of his untimely demise, was a victim of a stabbing which took place on 24th October 2010. The victim had succumbed to his injuries at Kalubowila Hospital, and the Police Officers 3 who investigated into the death of the above named deceased, had reported the facts before the Hon. Magistrate of Moratuwa on 25.10.2010 under B Report No 1677/10. The 4th Respondent to the present application namely Widanalage Amesh Asantha de…
Read MoreNaomi Michelle Cokeman vs The Hon. Attorney General Attorney General’s Department S.C (FR) Application 136/2014
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…
Read MoreJayantha 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…
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