A/HRC/7/3/Add.6
page 14
the examination is jeopardized.9 Also, the access to a JMO is not guaranteed and in many
instances the alleged victim is brought before an ordinary medical doctor not trained in forensic
medicine.
39. The medical personnel in various prisons acknowledged that they received on a regular
basis allegations of torture and other forms of ill-treatment by persons who are transferred from
police stations to the prisons. In many cases, these complaints are corroborated by physical
evidence, such as scars and haematomas. However, the medical personnel only feels responsible
for treating obvious wounds and does not take any further action, like reporting the alleged abuse
to the authorities or sending the victim to a JMO. The Special Rapporteur notes that the
Government will take steps to initiate a process through the Secretary to the Ministry of Justice
to inform medical officers to report to the special unit of police and the NHRC instances where
probable cases of torture are discovered.
Confessions
40. Articles 24 to 27 of the Evidence Ordinance (EO) do not allow confessions in court that
were extracted through torture. In addition, ordinary law provides that a confession made to a
police officer or to another person while in police custody is inadmissible before the courts.
This rule, however, is not applicable to persons detained under Emergency Regulations.
Emergency Regulations
41. Article 155 of the Constitution and the Public Security Ordinance (PSO No. 25 of 1947)
allow the President to declare a state of emergency.
42. For three decades, emergency rule has continued between intervals in Sri Lanka. The
Prevention of Terrorism Act (PTA) of 1979 was suspended in 2002 after the CFA was agreed
upon. However, the law is still in force and its section 9 (1), allowing to detain a person under
detention order (DO) for a period of “three months in the first instance, in such place and subject
to such conditions as may be determined by the Minister”, renewable to a maximum
of 18 months, still applies. Although the CFA provided for the temporary suspension of the PTA,
throughout this time many provisions of the PTA were reintroduced under the Emergency
Regulations and now that the CFA has been abrogated, the temporary suspension of the PTA has
been repealed.
43. New Emergency Regulations (ER, or Emergency Miscellaneous Provisions and Powers
Regulations, EMPPR) were imposed on 14 August 2005 by then President Kumaratunga after
the assassination of Foreign Minister Kardirgamar.10 They are drawn from the PTA and allow
detention without charge for 90 days. This term is renewable for up to one year. Suspects can
9
The Government reported that it is generally the practice of JMOs to request that
accompanying police officers remain outside the examination area/room.
10
The ER must be approved by the parliament within 14 days and extension requires
parliamentary clearance every month.
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