HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020 by the media, in view of the contingencies of the pandemic, the HRCSL urged His Excellency to grant a general amnesty as permitted under Article 34 of the Constitution of Sri Lanka to certain categories of prisoners which, the Commission assured will not jeopardize the goals of the correctional system.  Recommendations on regularizing the imposition of curfew In view of the large number of persons arrested and vehicles confiscated for violation of curfew imposed from March, 2020 and thereafter in view of the COVID-19 pandemic and pursuant to expressions of public concern received by the Commission in this regard, the HRCSL issued recommendations to the IGP to regularize the imposition of curfew. Acknowledging the need to restrict freedom of movement in the interests of public health and public order during an extraordinary health emergency such as the COVID-19 pandemic, the Commission was of the view that it is incumbent on the Commission to examine whether such restrictions are imposed in a manner that is compatible with relevant constitutional and legal provisions and international human rights obligations of Sri Lanka and to make necessary recommendations to the government in that regard. After a comprehensive analysis of the situation, the Commission recommended curfew be regularized in one of two ways, i.e. by Order made by the President and gazetted under Section 16 of the Public Security Ordinance (PSO), is the most authoritative manner in which curfew could be declared and does not require a declaration of a state of emergency; OR by regulation made by the Minister under Section 2 read together with Section 3 (2) of the Quarantine and Prevention of Disease Ordinance. The Commission observed that it is essential that there is transparency in the declaration of curfew and all other forms of restriction of movement which requires all declarations of curfew to be formally made and be available in the public domain. The Commission emphasized that nothing in the recommendations it made should be construed by any member of the public to act contrary to health guidelines issued by the public health authorities in regard to the COVID-19 pandemic or act in a manner that would be harmful to public health in general. 31

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