HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
court not responsible for causing the accident. Under circular R.P.V.
22/93, government servants injured while on duty are entitled to
compensation. Despite the Director of Health Services of the area
determining that the petitioner was entitled to compensation for the 16
days that he was hospitalized and was being treated for his injuries, the
payment had been delayed by the respondents (who were they?) due to
bad faith. The Commission recommended the complainant to be
compensated without delay.
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Procedure to be followed when transporting female
arrestees (Complaint No. HRC/60/13)
Finding a violation of article 12(1) of the Constitution, the Commission
directed compensation of Rs.10,000/- to be paid to the complainant for
the absence of a female police officer or warden accompanying her while
she was transported by the police to the Magistrate. The Commission
also directed the Inspector General of Police to disseminate an internal
circular to all police stations emphasizing the requirement in the Police
Regulations that all female detainees be accompanied by a female officer
or female warden when being transported. The National Police
Commission was also informed of the recommendation for further
action.
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Non-payment of compensation for a victim of the violence in
the Welikada prison (Complaint No. HRC/4308/12)
The Commission found a violation of Article 12(1) of the Constitution by
the Department of prisons in not including the name of a detainee who
was injured in the shooting during the violence unleashed within the
Welikada prison in 2012 in the register for compensation. The failure of
the prison authorities to perform their duties with diligence led to the
violation of the detainee’s fundamental rights. Therefore, the
Commission recommended that the victim, who was seriously injured
and was still suffering from those injuries, be compensated in the same
manner as all other victims.
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