The important courts that hear trials are the Magistrates' Court and the High Court. Major crimes are
tried in the High Courts established at the Provincial level. The Magistrates' Court deals with the Summery
Trials and the Non-Summery procedures and other matters such as Maintenance and Domestic Violence.
Appeals are in three stages through the High Court to the Court of Appeal and the highest court, the
Supreme Court (See Annex).
The Courts of law are a key agency in national human rights protection. Their understanding of the
link between the Constitution and international human rights law and their duty to interpret legislative
provisions and regulations in light of these sources can help to incorporate a human rights based approach
to judicial decision making in all courts. This approach is relevant for Magistrates' Courts, District Courts,
High Courts and the superior appellate Courts – the Court of Appeal and Supreme Court.
The 19th Amendment has included the office of Attorney General and Inspector General of Police as
high posts which require recommendations from the Constitutional Council for an appointment by the
President. This can help to ensure the independence of these officers and strengthen the administration
of criminal justice (See Annex).
The Supreme Court as we have seen has the special power to interpret and enforce fundamental rights
guaranteed by Chapter III of the Constitution against State officials and agencies under Art 126 of the
Constitution, subject to the limitations already discussed. We have noted that the High Court also has
jurisdiction to decide cases on violation of rights protected by the ICCPR Act (2007), subject to the exclusive
jurisdiction of the Supreme Court if a case involves the violation of a fundamental right in Chapter III of
the Constitution. The jurisprudence of the Supreme Court and the High Court can be a critical resource
for developing a human rights based approach in relation to matters arising in Courts, where Reproductive
rights and GBV are linked, or there is an interface.
Article 13 of the Constitution recognizes certain rights in relation to the administration of criminal justice
in courts. Any person charged with an offence is entitled to be “heard in person or by an attorney at law
at a fair trial by a competent court” (Art. 13 (3)). The presumption of innocence in criminal cases is stated
as a fundamental right – S. 13 (5). Another important right prevents Parliament enacting retrospective
criminal legislation (laws that criminalise conduct and apply to events that occurred at an earlier date).
If the conduct is criminal according to the “General principle of law recognized by the Community of
Nations,” retrospective legislation is legal (Art 13 (6)). This has been interpreted in the hijacking case,
Sepala Ekanayaka v Attorney General (1987), as permitting retrospective legislation that seeks to create a
criminal offence which is recognized by customary international law (See Annex).
b) The National Human Rights Commission
The 19th Amendment to the Constitution now requires the Constitutional Council created by this
amendment to recommend to the President for appointment the Chairman and members of the Human
Rights Commission of Sri Lanka. The Constitutional Council is required to appoint “fit and proper” persons
as Chairman or members “endeavoring to ensure that such recommendations reflect the pluralistic
character of Sri Lankan society, including gender.” (Art 41 B (3)). This is an important change and can help
to ensure that women and minorities are appointed to the Human Rights Commission.
The powers and mandate of the Commission are set out in the Human Rights Commission of Sri Lanka
Act (1996). The manner in which the President exercised executive power under the 18th Amendment and
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS