HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2019
community amounts to crimes under the ICCPR Act, No 56 of 2007 and
the Penal Code of Sri Lanka.
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Torture, cruel or inhuman and degrading treatment and
illegal detention (Complaint No: HRC/4715/13)
HRCSL found a violation of articles 11 and 13(2) of the Constitution, in
this case. The investigation confirmed the complainant’s allegation
regarding Torture, cruel or inhuman and degrading treatment and illegal
detention of her husband and son while in police custody. The accounts
of the victims were confirmed by medical evidence. The Commission
ordered the 1st to 6th Respondents pay Rs. 5,000/= each to the two
suspects amounting to Rs. 10,000 per officer. The Commission also
forwarded copies of the recommendation to the IGP, the Attorney
General, and the National Police Commission in order to take suitable
action against the officers. Further, it was recommended to the IGP that
police officers be provided training on proper and legal investigation
procedures and techniques. Finally, it was recommended to install CCTV
cameras in police holding cells as stipulated in the National Action Plan
for the promotion and protection of Human Rights in order to ensure that
suspects are not mistreated while in custody.
3.3. Suo Motu inquiries
The Commission intervened in several issues exercising its own initiative
(suo motu) under Section 14 of the Act. Often, issues meriting intervention
are identified through media monitoring and individuals or organizations
bringing such issues to the attention of the Commission. This activity sees
close collaboration between the Investigations and Inquiry Division and
the Research and Monitoring Division. In total, the Commission launched
25 suo motu inquiries into different incidents during 2019 (for a full list
of suo motu inquiries see appendix 3).
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