The Asian Human Rights Commission (AHRC) is bringing to your notice the Supreme Court’s Direction to educate Law- Enforcement System personnel, on the law elimination of and the use of torture. CASE NARRATIVE: In delivering the Judgement on a Fundamental Rights Violation case, under Article 126 of the Constitution, the Court found the respondent Police Officers had violated the rights of the petitioner, guaranteed under Article 11 (the right against torture). They also had violated his rights against illegal arrest and detention. In their Judgement, the three-bench Court issued this…
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What Is The Value Of The Life Of Sunil Jayawardene?
Sunil Jayawardene was a representative for three-wheele drivers. He who went to make a representation to a finance company on behalf of one of the vehicle owners, whose three-wheeler had been taken by agents of that company. Sunil was assaulted by eight or more people in front of the company and murdered. This story is quite well known and being talked about in the country at the moment. The whole amount related to the dispute in this incident is about Rs 35,000. Due to the situation of the coronavirus and…
Read MoreSHORT ANALYSIS ON SENTENCING POLICIES ON TORTURE 2019
The research provides a short-analysis of sentencing policies on Torture in Sri Lanka, specifically the violation of Article 11 of the constitution of Sri Lanka. In the process of analyzing cases from 1981- 2019 we have collected and analyzed 100 judgements from the Supreme Court only. We have included Article 12(1), 13(1) and 13(2), as most often these articles were considered by the Petitioner when filing for breach of Article 11. The judges evaluated each of the 100 cases subjectively on a case by case basis based on the evidence…
Read MoreSri Lanka: 25 Years with Act against Torture 2019
The Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments was passed in the parliament in 1994 as it was needed to impose provisions for implementing the commitment of Sri Lanka under this International Convention. It was passed in the parliament in 25th November 1994 and is apropos since 20th December 1994. This research is about Act of the Convention against Torturing and other cruel, inhumane or degrading treatments or punishments done by organization of Right to Life Human Rights Center. this is written…
Read MoreIs she the modern Patachara?
laws like emergency regulations torture the security forces and the police | Attorney Prabodha Rathnayake
Because it can produce another offender, another person who makes mistakes and also an individual with hateful feels.| Joseph Stalin
it is a fact that the police, not only the the public, but even the judiciary believe that the truth can be found through torture & torture| Visakesa Chandrasekaram
OFFICE FOR REPARATIONS ACT, No. 34 OF 2018 ( Sinhala, English, Tamil,)
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE OFFICE FOR REPARATIONS; TO IDENTIFY AGGRIEVED PERSONS ELIGIBLE FOR REPARATIONS, AND TO PROVIDE FOR THE PROVISION OF INDIVIDUAL AND COLLECTIVE REPARATIONS TO SUCH PERSONS; TO REPEAL THE REHABILITATION OF PERSONS, PROPERTIES AND INDUSTRIES AUTHORITY ACT, NO. 29 OF 1987 ANDTOPROVIDE FORALLMATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO. WHEREAS the Constitution of the Democratic Socialist Republic of Sri Lanka recognizes the inherent dignity and equal and inalienable human rights of all Sri Lankans and the State’s obligation to respect, secure and advance these…
Read MoreA 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…
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