Perhaps one thing that was forgotten when Lord Dunmore gave Adult Franchise for all, and also when Sri Lanka became an independent nation, is the stability of the social structure of a country. This is what provides for the establishment of the government, which will ensure security and stability to all. When these matters are talked or written about, the invariable reaction is that we have gone deep into this crisis. Not just cynics, but those who know the ground reality, feel that whatever description is given about this crisis…
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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
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…
Read MoreINTERNATIONAL 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…
Read MoreSUPPORTING SURVIVORS OF MALE SEXUAL VIOLENCE Report 2016 Supported by a grant from the “Open Society Foundations”
The ongoing researches in Sri Lanka on torture and torture related matters has to be looked into in various angles and should not be repeated by any chance. At the same the output of the research has to be reached to the targeted audience. The awareness among general public on this perspective on torture has to be built up in the future and the endeavor has to be done on this regard in different angle. The evidence based advocacy has to be the approach. specially in this research has been…
Read MorePolice 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 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 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 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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