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Recommendation (k)
158. In its initial communication dated 28 March 2001 the Government of Sri Lanka informed
the Committee that all magistrates are legally empowered to visit and inspect remand prisons
where suspects being held on remand (on judicial orders made by magistrates) are being
detained. The Committee was further informed that following discussions at the
Inter-Ministerial Working Group on Human Rights, it was decided to amend the existing
provisions of the Emergency Regulations empowering magistrates to visit (without prior notice)
and inspect all places wherein suspects are being detained under the provisions of the Emergency
Regulations.
159. By communication dated 27 April 2001, the Government further informed the
Committee that by order dated 6 April 2001 the President, acting under section 5 of the Public
Security Ordinance, decreed that “the officer in charge of any place authorized by the Inspector
General of Police as a place authorized for detention for the purpose of regulation 17 or 18, shall
furnish, to the magistrate within the local limits of whose jurisdiction such place of detention is
located, once in every 14 days, a list containing the names of all persons detained at such place.
The magistrate shall cause such list to be displayed on the notice board of the Court. The
magistrate within whose jurisdiction any such authorized place of detention is situated, shall visit
such place of detention at least once in every month. It shall be the duty of the officer in charge
of that place to secure that every person detained therein, otherwise than by an order of a
magistrate, be produced before such visiting magistrate”.
160. Following the lapse of the Emergency Regulations, the regulatory power conferred on
magistrates on 6 April 2001 to conduct unannounced visits to places of detention under the
Emergency Regulations ceased. However, following a recommendation by the Inter-Ministerial
Working Group on Human Rights on the need to empower magistrates to visit and inspect all
places of detention and interview suspects, the Ministry of Justice is considering incorporating a
new provision in the Code of Criminal Procedure that would enable magistrates to perform this
function in relation to all suspects arrested under the various applicable laws.
Recommendation (l)
161. According to the Government, all ex-militant groups have been warned of the need to
adhere to the law and desist from arresting or detaining any person. In the event of such action
being taken, it would be deemed in violations of the penal law and action would be taken in
accordance with the law.
Recommendation (m)
162. By an initial communication dated 28 March 2001 the Government of Sri Lanka
explained that a Senior Deputy Inspector General of Police has been assigned the task of
coordinating all efforts relating to the protection and promotion of human rights and the
enforcement of the domestic laws relating to alleged violations of human rights. It is the duty of
the Senior Deputy Inspector General of Police to ensure that directives relating to the prevention
of torture are strictly complied with.
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