- 64 148. All suspects arrested by police officers attached to the TID shall be detained at the
detention facilities of that Division.
Recommendation (c)
149. In its initial communication, dated 28 March 2001, the Government explained to the
Committee that the Emergency Regulations require the relevant law enforcement authority to
produce persons arrested under that law before a magistrate within 30 days from the arrest.
According to the Government, following discussions at the Inter-Ministerial Working Group on
Human Rights Issues it was decided to amend the relevant regulation and to require suspects to
be produced before magistrates within 14 days.
150. 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 “where any person has been arrested and detained under the
provisions of regulation 18 of [the Emergency] Regulations, such person shall be produced
before a magistrate within a reasonable time, having regard to the circumstances of each case,
and in any event, not later than 14 days from the date of such arrest”.
151. According to the Prevention of Terrorism Act, upon the arrest of a suspect under the Act,
unless the suspect is detained upon the authority of a detention order issued under section 9 (1)
of the Act, such suspect shall be produced before a magistrate within 72 hours. If, however, the
suspect is detained under the authority of a detention order issued under section 9 (1) of the Act,
such suspect shall be produced before a magistrate as soon as the investigation against the
relevant suspect is concluded (a maximum period of 18 months).
Recommendation (d)
152. According to the Government, the authority conferred on the Secretary to the Ministry of
Defence to authorize preventive detention is subject to judicial review during the entire period of
detention. However, due to the current situation in Sri Lanka, the Government does not deem it
suitable to repeal the relevant regulation.
Recommendation (e)
153. The Government informed the Committee that the Police Department has established a
computerized Central Police Registry. This registry contains accurate and up-to-date
information relating to the arrest and detention of persons under the provisions of the Prevention
of Terrorism Act and Emergency Regulations that may be proclaimed by the President of
Sri Lanka. Police officers effecting the arrest of suspects under the provisions of those laws are
required to inform the Registry no later than six hours from the time of arrest. The Registry
became operational on 1 November 2001. The general public has been informed of the
establishment of the Central Police Registry and may make inquiries and obtain information in
any of the three official languages (Sinhala, Tamil or English). Family members of persons
believed to have been arrested may, by contacting the Registry, obtain information regarding
whether in fact such a person has been arrested, the identity of the arresting authority and the
place of detention.
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