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…
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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…
Read MoreD.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…
Read MorePKW 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…
Read MoreManoj 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…
Read MoreSARJUN 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…
Read MoreInternational Covenant on Civil and Political Rights in 16 December 1966
International Covenant on Civil and Political Rights in 16 December 1966. Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions…
Read MoreHUMAN 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
Read MoreConvention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment Act No 22 of 1994 ( Sinhala , Tamil, English)
WHEREAS a Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment, was signed in New York on December 10, 1984: AND WHEREAS by an instrument of accession dated December 14, 1993, and deposited with the Secretary- General of the United Nations Organization, on January 3, 1994, Sri Lanka has acceded to the aforesaid Convention : AND WHEREAS the aforesaid Convention has entered into force for Sri Lanka with effect from February 2, 1994: AND WHEREAS it has become necessary to make legislative provision to give effect to…
Read MoreLUCAS APPUHAMY v. MATURATA AND OTHERS S.C. APPLICATION NO. 87/94.
Where there were sufficient grounds for suspecting that a cognizable offence had been committed by the petitioner, his arrest without a warrant was in accordance with procedure prescribed by the Code of Criminal Procedure and therefore not in violation of Article 13(1) of the Constitution. Where the medical evidence of the injuries found on the petitioner was consistent with the version of the Police that they had been sustained in the process of the use of reasonable force in making the arrest, it cannot be said that a violation of…
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