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Malalage Gunadasa Peiris vs Hettigedara Weerakoon, Inspector of Police, and Others SC (FR) Application No. 278/2008

he was arrested by certain police officers attached to the Anuradhapura Police Station, who tortured him while in police custody, resulting in severe injuries. On 17th September 2008, this Court granted leave to proceed only with respect to the alleged violation of Article 11 of the Constitution, which provides that no person “shall be subjected to torture, or to cruel, inhuman or degrading treatment or punishment” after few years ago published the judgement that was given by court. ”And Accordingly, I make order upholding the substitution that was effected by…

Uspatabendige Buddhi Iwantha Gunasekera vs. . Sub Inspector Athukorala and others SC /FR 126 / 2008 SC /FR 126 / 2008

At the Police Station the 2nd Respondent had grabbed the 1st Petitioner by his hair and assaulted him asking in sinhala ‘badu deepan’. Thereafter the 2nd Respondent who was wearing shoes, had pulled the 1st Petitioner on to the ground and trampled the 1st Petitioner whilst kicking him. At that time, the 2nd Respondent had received a telephone call and had ordered the 1st Respondent to move the 1st Petitioner out of the room. Upon the said directions, the 1st Respondent had taken the 1st Petitioner to the Crime Division…

Ediriweera Arukpatabandige Sugath Rohan Jayasuriya vs. Police Constable Manikkaratnam, and Others SC (FR) Application No.43/2008

In the petition dated 01. 02. 2008, the Petitioner prays for a Declaration that the 1st 2nd and 3rd Respondents and/or the State have acted in violation of the Petitioner‟s Fundamental Rights guaranteed to him under Article 11 of the Constitution, constituting torture or cruel or degrading treatment when he was assaulted by the1st,2nd Respondent, and the 3rd Respondent Police officers, who were attached to the Tissamaharama Police Station in the District of Hambantota. The version of the Respondents on the other hand was that the incident took place at…

INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) ACT, No. 56 0F 2007 (Sinhala, English)

AN ACT TO GIVE EFFECT TO CERTAIN ARTICLES IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) RELATING TO HUMAN RIGHTS WHICH HAVE NOT BEEN GIVEN RECOGNITION THROUGH LEGISLATIVE MEASURES AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS Sri Lanka is a State Party to the International Covenant on Civil and Political Rights which was adopted by the General Assembly of the United Nations on 16th December, 1966 and entered into force on 23rd March, 1976: AND WHEREAS Sri Lanka has acceded to the aforesaid Covenant…

D.G. Wijotmanna vs. Diyakeliyawela and other police officers S.C. F.R. No: 138/2007

It has been alleged by the petitioner that on or about 04. 02 .2007 around 4.30 p.m. he had boarded a bus from Katugasthota town to return to his business place. As there was a person standing on the upper stand of the foot-board of the bus, he had to request that person to move inside, in order to get inside the bus. This having led to an exchange of words between two of them, the said person had kicked the petitioner hard resulting the petitioner losing his balance requiring…

PKW Wijesinghe vs Upali Chandrasiri SC/Spl. 19/2007

On 15.1.2007, the petitioner was summoned to Wattegama Police Station on a complaint made by his niece regarding an allegation that had he obtained jewellery and a loan of Rs.100,000/- from the said complainant. The petitioner with his Attorney-at-Law Saman Ratnayake and one Jayawardena who is one of his friends went to the Police Station. At the Police Station Saman Ratnayake Attorney-at-Law explained to the 1st Respondent who conducted the inquiry that the complaint of the complainant was regarding a civil dispute and left the Police Station. Thereafter when the…

Manoj Talis vs Inspector Hiriyadeniya and others SC(FR) No. 430/2005

The Petitioner complains that the 1st to 6th Respondents came to his house on 24.09.2005 around 9.15. p.m. and arrested the Petitioner. Thereafter the Petitioner was taken to Gokarella Police Station. The Petitioner complains that the 3rd Respondent slapped him, the 2nd Respondent gave a blow to his ear and the 1st Respondent hit him on his face inside the Police Station. This assaultaccording to the has taken place in a room of the Police Station. The 1st,2nd,3th,5th and 6th Respondents are directed to pay the said compensation to the…

SARJUN v KAMALDEEN AND TWO OTHERS, by supreme court. SC FR 559/03

The petitioner and 3 others were transporting household furniture in their lorry, from Colombo to Katuwana. As they reached Habarana at night, he decided to spend the night at Habarana and parked the lorry on the side of the road. The petitioner had a permit to transport obtained under the Forest Ordinance, although a permit was not necessary The petitioner claims that he obtained same out of an abundance of caution valid from 1 p.m. on 18.9.03 to 12 noon 19.9.03. Later in the night the 1st respondent came up…

HUMAN RIGHTS COMMISSION OF SRI LANKA ACT, NO.21 OF 1996 ( Sinhala, English)

L.D-O 12/94 AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE HUMAN RIGHTS COMMISSION OF SRI LANKA; TO SET OUT THE POWERS AND FUNCTIONS OF SUCHCOMMISSION; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. Read the full act in english Read the full act in sinhala