HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2020
carried out in a discriminatory manner. It therefore, recommended the IGP
to review the legal bases for recent arrests for misinformation to ensure that
due process requirements are complied with and also ensure that any future
arrests are strictly within the law. The Commission commenting on the
warning issued by the Police Media Division to media institutions that legal
action would be taken against those who criticize officials, stated that the
said warning is deep concerning as it is bound to have a serious chilling effect
on people’s freedom of expression. Therefore, the Commission pointed out
that any arrest for the mere criticism of public officials or policies would be
unconstitutional. Further, in relation to curbing hate speech, the letter
pointed out that it is essential to ensure that Section 3 of the ICCPR Act is
invoked in a non-discriminatory manner providing protection to all
communities.
Escalation of deaths of persons in police custody
HRCSL observed an escalation of deaths of suspects while in police custody.
The Commission exercising its suo motu powers directed the IGP to submit
a comprehensive report explaining his observations regarding this matter
by way of letter dated 21.10.2020. The Commission also highlighted the fact
that the HRCSL is statutorily empowered to make recommendations
regarding the wellbeing of detainees in custody. The suo motu inquiry into
this matter continues.
Request to ensure the security of a remandee
The Commission wrote to the Commissioner General of Prisons by letter
dated 10.11.2020 requesting the prison authorities to take all possible
measures to ensure the safety of remandee Fathima Sadiya. This letter was
written pursuant multiple complaints the Commission received alleging that
Ms. Sadiya’s life was at risk after she gave evidence at the Presidential
Commission of Inquiry on the Easter Sunday attack. Fathima Sadiya is the
wife of Sahran Hashim. HRCSL also requested the Department of Prisons
(DoP) to inform the Commission of the whereabouts and the authority
temporarily in charge of Ms. Sadiya after she was transferred to a treatment
facility outside the prison for treatment after contracting COVID-19. The
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