HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018 The Commission recommended that the Inspector General of Police take appropriate action against the respondent, a police officer, for his failure to act on a complaint which led to a violation of article 12(1) of the Constitution. The petition was against a police officer for not acting on a complaint of an attack against the petitioner by aides of a former Chairman of a Pradeshiya Sabha. The attackers had kidnapped the petitioner and handed him over to the respondent policeman, who had not inquired into the subsequent complaint made by the petitioner on the abduction. .Since the Pradeshiya Sabha had been dissolved at the time of the incident, the alleged instigator, the former chairman of the Pradeshiya Sabha, could not be named a respondent. Article 126 of the Constitution only provides relief against administrative or executive action. The Commission concluded, however, that the respondent police officer was responsible for violating the petitioner’s right to equal protection of the law through inaction. He had not inquired in to the complaint of the petitioner as required by sections 35 and 32 of the Code of Criminal Procedure Act. The respondent was directed to pay Rs. 10,000 as compensation to the petitioner and the recommendation was forwarded to the Inspector General of Police for necessary action. ▪ Forcible occupation of private property by the Terrorist Investigation Division (TID) of the Police (Complaint No. HRC/KL/33/13/I) The Commission recommended the properties of the petitioner be restored to her which had been forcibly seized and occupied by officers of the Terrorism Investigation Division in March 2013. The petitioner was the lawful owner of the properties in question by virtue of a Swarnaboomi Deed. She requested the Commission to evict the TID which allegedly was illegally occupying her private property and restore her to possession. The premises had been seized in terms of the provisions of Regulation 7(1) of the Prevention of Terrorism (proscription on the LTTE) Regulations No: 1/2011 in Gazette Extraordinary No: 1721/02 dated 29th August 2011 on allegations of being property used by the LTTE for terrorist activities. 50

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