Tag: law

contempt of court and legal framework

editor

The Asian Human Rights Commission (AHRC) is a regional human rights organization. The organization seriously monitored and studied the law on contempt of court and its application in Sri Lanka. The AHRC is deeply concerned about the violation of Sri Lankan Constitution, which is in line with international law, by depriving the accused of the protection of the law. The AHRC pays special attention to the interpretation of international law as well as the Constitution of Sri Lanka by Article 105 (3) of the Constitution of Sri Lanka. The logic…

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Hambantota police assault a father of two

Editor

Weerasekera Kamkanamge Tharuka Lakshan is a married and father of two, residing at No. 03, Nandamithra Village, Ballagaswewa Grama Niladhari Division, Hambantota. He runs a garage to make a living. Tamara Kaushalya, a resident of the same village, had lodged a complaint with the Hambantota Port Police alleging that she had been threatened and blamed by three persons including Tharuka Lakshan. According to the victims, it was a false complaint and the complainant who has violence personality and she is usually arguing with the majority of the residents of the…

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Rupavahini Incident: Unanswered Questions

Editor

In a separate article, I reported a recently delivered judgment by the Supreme Court of Sri Lanka regarding an arbitrary termination of broadcast by the Rupavahini Corporation in 2008. The purpose of this article is not to recapture the findings of that judgment but to go into some of the factual information reconfirmed by the judgment. A Rupavahini Program invited three panelists to discuss some matters of public interest, relating to a gazetted notification. It announced some new regulations relating to broadcasting. While the panel discussion was going on, the…

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A Criminal Justice System in Crisis

Editor

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

Editor

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

Editor

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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Hewa Maddumage Karunapala and others Vs Jayantha Prema Kumara Siriwardhana and others SC/FR/97/2017

Editor

The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear.  Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…

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How can unscrupulous lawyers manipulate delays in the law?

Editor

This article is about the manner in which unscrupulous lawyers could manipulate delays in the law to their personal advantage. This type of behavior is now a permanent feature in Sri Lanka’s legal system. Analysis of the methods used for such manipulation are based on experiences from actual cases. Reflections on the behavior show that, rather than insisting on correcting wrongs litigants have experienced, unscrupulous persons work out a methodology of manipulation for personal economic advantage. In cases of serious crimes, trials which take place in the High Courts. The…

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SHORT ANALYSIS ON SENTENCING POLICIES ON TORTURE 2019

Editor

The research provides a short-analysis of sentencing policies on Torture in Sri Lanka, specifically the violation of Article 11 of the constitution of Sri Lanka. In the process of analyzing cases from 1981- 2019 we have collected and analyzed 100 judgements from the Supreme Court only. We have included Article 12(1), 13(1) and 13(2), as most often these articles were considered by the Petitioner when filing for breach of Article 11. The judges evaluated each of the 100 cases subjectively on a case by case basis based on the evidence…

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Sri Lanka: 25 Years with Act against Torture 2019

Editor

The Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments was passed in the parliament in 1994 as it was needed to impose provisions for implementing the commitment of Sri Lanka under this International Convention. It was passed in the parliament in 25th November 1994 and is apropos since 20th December 1994. This research is about Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments  done by organization of Right to Life  Human Rights Center. this is written…

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