Tag: law points

“All relevant authorities shall take active measures to prevent torture” Chairman, HRCSL

Editor

In December 1997, The United Nations General Assembly proclaimed 26th June as the International Day in Support of Victims of Torture, to commemorate the historic day in 1987, in which the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the key international instrument against torture came into effect. It appeals to all member states to implement the Convention in full effect with the intention of eradicating torture in all its forms across the world. It also requests for support from all stakeholders, civil society and individuals to…

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A Statement by SLCAT on International Day in Support of Victims of Torture.

Editor

Today as we mark the International Day in Support of Victims of Torture, we the undersigned express grave concern about the increasing use of torture in Sri Lanka. During the last year, we witnessed the COVID-19 pandemic cause unimaginable challenges to Sri Lankans. In this context of deep instability and uncertainty, Sri Lankan citizens have been made to feel more insecure through the increasing use of violence by the police. SLCAT recognizes at least 30 reported incidents of torture, 22 and 5 custodial and extra judicial deaths between the period…

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Hambantota police assault a father of two

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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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A Man Who went in Search for food for his family beaten and killed – Basil Fernando

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Basil-Fernando

An incident reported from Waligama, Matara demonstrates the kind of very saddening situations which has been experienced by people in terms of the spread of Covid-19. A young girl in a family was detected of having been infected with the virus and was taken to hospital for treatment. The rest of the family was asked to quarantine themselves by staying in their own house. They stayed for three to four days using all that they had in terms of food and other necessities and finally that came to an end…

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Yakkalamulla police assault a man on the road…!

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යක්කලමුල්ල පොලීසිය පොට පටලවාගෙන මහ මඟ සිටි අයෙකුට පහර දෙයි!…

A complaint has lodged to The Human Rights Commission of Sri Lanka (HRCSL) and the Inspector General of Police (IGP), against Yakkalamulla Police in Galle district with regarding case of arresting and assaulting a civilian. The victim is Koggala Wellalage Sisira Kumara, a resident of Hospital Road, Aluthwatta, Nakiyadeniya, in Galle.On 9th May, he has gone to Dimuthu pharmacy at Yakkalamulla Junction to buy some medicine at around 09.00 – 09.30 p.m . While he was there, he has heard the sound of exploding firecrackers near the Yakkalamulla junction, 30…

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What happens to the people happens also to judges, lawyers, and others

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This memoir by former Chief Justice Dr. Shirani Bandaranayake on the (now nullified) impeachment is a significant contribution to the cause of promoting the independence of judiciary in Sri Lanka. Its significance lies in the fact it exposes the truth about what really has happened to the judiciary as an institution within the context of changes brought about by way of the constitutions of 1972 and 1978, and the practices that have developed as a result of these constitutional changes. The memoir makes it starkly clear that the separation of…

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Release poet and drop spurious charges against him

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The arrest and ongoing detention of award-winning author and poet Shakthika Sathkumara on spurious charges are a clear violation of his right to freedom of expression, CIVICUS, the global civil society alliance and the Asian Human Right Commission (AHRC), said today ahead of his next court hearing on 18 June. Shakthika Sathkumara was arrested on 1 April 2019 by the Polgahawela Police in response to a complaint alleging that Sathkumara’s short story ‘Ardha’ (Half) was derogatory and defamatory to Buddhism. The story is allegedly about homosexuality and child abuse in a Buddhist…

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A Snapshot of the Criminal Justice System: Building a Picture Through Sexual Violence Cases in the Court of Appeal 2018 by Shenali De Silva and supported publication

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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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OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) ACT, No. 14 OF 2016

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AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE OFFICE ON MISSING PERSONS; TO PROVIDE FOR THE SEARCHING AND TRACING OF MISSING PERSONS; TO PROVIDE ASSISTANCE TO RELATIVES OF MISSING PERSONS; FOR THE SETTING UP OF A DATABASE OF MISSING PERSONS; FOR SETTING OUT THE PROCEDURES AND GUIDELINES APPLICABLE TO THE POWERS AND FUNCTIONS ASSIGNED TO THE SAID OFFICE; AND TO PROVIDE FOR ALL MATTERS WHICH ARE CONNECTED WITH OR INCIDENTAL TO, THE IMPLEMENTATION OF THE PROVISIONS OF THIS ACT. read the full act

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RIGHT TO INFORMATION ACT, No. 12 OF 2016 ( Sinhala, English)

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AN ACT TO PROVIDE FOR THE RIGHT OF ACCESS TO INFORMATION; TO SPECIFY GROUNDS ON WHICH ACCESS MAY BE DENIED; TO ESTABLISH THE RIGHT TO INFORMATION COMMISSION; TO APPOINT INFORMATION OFFICERS; TO SET OUT THE PROCEDURE AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS the Constitution guarantees the right of access to information in Article 14A thereof and there exists a need to foster a culture of transparency and accountability in public authorities by giving effect to the right of access to information and thereby promote a society in…

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