HUMAN RIGHT COMMISSION OF SRI LANKA - Annual report 2020
with the intention of misleading the police, and the case has been dismissed.
The Commission recommended the 1st and 6th respondents to pay Rs.
5000/= each as compensation to the victim. Further, the Commission
recommended a copy of the recommendation to be sent to the Inspector
General of Police (IGP) and the Chairman of the National Police Commission
to take suitable disciplinary action against the respondents.
Promotion of a Naval officer (HRC/2314/15)
Responding to a complaint that the petitioner has been unfairly and
maliciously prevented from being promoted, the Commission found a
violation of Articles 12(1) and 14(1)(g) of the Constitution. The Petitioner
who at the time of filing his complaint was a naval officer with 30 years of
active service experience, alleged that his fundamental rights have been
violated as he was not promoted to the post of Commodore at the time of
filing his complaint on 02.07.2015 whereas officers who were junior to him
in seniority have been awarded promotions to the same vacancy over him.
The respondents claimed that although the Petitioner obtained the requisite
marks for the promotion in July 2015, it was the practice of the Navy not to
award any promotions if an officer had pending litigation before a court of
law. Consequently, the Petitioner was not promoted as he was involved in an
investigation conducted by the Criminal Investigation Department (CID)
relating to a pending case before court. In fact, in February 2015, the
petitioner had been participating in a training programme in the United
States when he had been made to come back to Sri Lanka mid-programme to
obtain his statement regarding the incident and had not been allowed to
return to the programme. The respondents claimed that although they have
sought the advice of the Attorney General and the CID about the possibility
of awarding the Petitioner his promotion, they are yet to receive
instructions. The Petitioner denied having any pending litigation against
him and further alleged that the respondents’ conduct has also resulted in
depriving him of foreign training programmes. During the investigation, it
was also revealed that the Petitioner’s name was included in a recommended
promotions list of 71 officers dating back to 2009 in recognition of their
extraordinary service in the field during the war.
The Commission found that the Petitioner’s fundamental rights have been
continuously violated from the year 2009. It also found that the Petitioner
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