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.
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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.
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