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Convention 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…

LUCAS 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…

SHANTHI CHANDRASEKERAM v. D. B. WIJETUNGA AND OTHERS, the judgement was for three habeas corpus applications by supreme court. S.C. 1/92. 2192, 3/92

SHANTHI CHANDRASEKERAM v. D. B. WIJETUNGA AND OTHERS, the judgement was for three habeas corpus applications by supreme court. Fundamental Rights – Reference to the Supreme Court by Court of Appeal on the ground that was prima facie of infringement of Articles 11, 13(1) and 13(2) in three habeas corpus applications – Jurisdiction of Supreme Court in matters of infringement of fundamental rights. the judgement was the petition granted and I grant the Petitioner in each case a declaration that the detenu had been arrested in violation of Article 13(1),…

CHANNA PIERIS AND OTHERS v. ATTORNEY-GENERAL AND OTHERS, the Ratawesi Peramuna Case and judgement was given by supreme court. SC APPLICATIONS NO. 146/92 TO 154/92 AND 155/92 (SEVEN APPLICATIONS)

The ten applications were by consent considered together. The applicants in the ten applications were granted leave to proceed for the alleged infringements of their rights guaranteed by Articles. The petitioners were participants in a “movement” called the Ratawesi Peramuna formed in November 1991 under the leadership of Atureliya Rathana and patali champika ranawaka. the disruption in January 1992 of the exhibition of posters in Matara and the resurgence of the JVP were discussed after which a manifesto was introduced by Champika Ranawake the petitioner in Application No. 154/92. There…

JAYASINGHE vs SAMARAWICKREMA AND OTHERS S.C. APPLICATION NO. 157/91

The petitioner was arrested on 23.07.91 (though Police gave the date as 06.06.91) and taken to the Eheliyagoda Police Station, and questioned about suspected links there until 07.08.91, when he was taken to the Deraniyagala Police Station where he was tortured. The petitioner had disappeared after 23.07.91. On learning he was at Eheliyagoda Police Station the petitioner’s mother and father had visited him daily at the Police Station, Eheliyagoda between 26.07.81 and 07.08.91 and there he had not been assaulted. On 29.07.91 the petitioner’s mother had complained to the International…

SUBBASH CHANDRA FERNANDO vs KAPILARATNE, OFFICER-IN-CHARGE, POLICE STATION, GAMPAHA S.C. APPLICATION NO. 1/91

The petitioner is a Medical Practitioner with a MBBS degree from the University of Ceylon. He was arrested on 19.07.89 on a complaint that he had assaulted Dr. Gunatilaka, Surgeon, Base Hospital, Gampaha and obstructed the carrying on of the service at the hospital in breach of Regulation and e Emergency Regulations. The complaint against the petitioner was that he had assaulted Dr. Gunatilaka twice on 19.07.89 first’at the path lab, a private medical establishment, and thereafter at the Base Hospital, Gampaha. Although he was arrested for such conduct under…

WIMAL VIDYAMANI vs LT. COL. JAYATILLEKE AND OTHERS S.C. APPLICATION NO. 852/91 SPL

The petitioner who was the Mill Security Officer at the Embilipitiya Mill of the National Paper Corporation was arrested and detained by the Police under emergency regulations for being allegedly concerned in a subversive J.V.P attack on the Paper Mill. Thereafter, he was transferred to the Pelawatte Detention Camp and detained under a Preventive Detention Order. The petitioner had an exemplary record of service and had won the confidence of his employer. There was no material to warrant the suspicion that the petitioner had J.V.P. links or was concerned in…

RATNAPALA v. DHARMASIRI, HEADQUARTERS INSPECTOR, RATNAPURA AND OTHERS SC APPLICATION 162/91

respondents had assaulted and brutally tortured the petitioner over a period of three weeks. The injuries suffered by the petitioner were irreparable, particularly in view of the fact that one of his lungs had to be surgically removed. The 1st (Hector Dharmasiri, Headquarters Inspector) and 2nd (I.P. Gunasekera, officer-in-charge), respondents deliberately encouraged, tolerated and acquiesced in the acts of torture and inhuman treatment inflicted on the petitioner on whom the J.M.O. found 26 injuries. Hence the 3rd, 5th, 6th and 7th respondents who have been identified by the petitioner along…

Sirisena and others vs Ernest Perera and Others judgement was given by supreme court S. C. APPLICATION NO. 14/90

The 1st and 2nd Petitioners were engaged in carpentry work at Arijapala’s residence in Bullers Lane between 02 and 08 April. The 3rd, 4th and 5th Petitioners were arrested by the Police when they visited the Corona’s Court at the General Hospital Colombo on 21 April 1990 to see the 1st aid 2nd Petitioners who had been arrested by the Police and produced before the Coroner to give evidence at the inquest. The 3rd to 5th Petitioners were detained by the Police and so deprived of their liberty from 11.30…

Chandra Kalyani Perera and Another vs Captain Siriwardana and Others, the judgement was given by supreme court S.C. APPLICATION NQ. 27/90

she was arrested with another one in emergency regulation by SL army near the beragala camp. the petitioner who is a married woman with three male children. She was engaged in a transport business in Badulla District and owned several vehicles. Her husband is a processing engineer at Abu Dhabi. “The first petitioner complains of being manacled, beaten with a hose, hung by her manacles and beaten until she confessed. In addition 1st respondent wanted to have sex with her”. the judgement was Application allowed and taken into consideration the…