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29. In addition, the Sri Lankan Penal Code, in articles 321 and 322, criminalizes acts which
may fall within the scope of the Convention against Torture, such as intentionally causing harm
or grievous harm with the aim to extort confessions or information leading to the detection of an
offence or misconduct or to compel restoration of the property. These offences are punishable
with a maximum of 10 years’ imprisonment and a fine. Explanatory so-called “illustrations” to
article 321 describe torture cases. For example: “(a) A, a police officer, tortures Z in order to
induce Z to confess that he committed a crime. A is guilty of an offence under this
section. (b) A, a police officer, tortures B to induce him to point out where certain stolen
property is deposited. A is guilty of an offence under this section”.
30. Further, article 364 (2) of the Penal Code outlaws rape of a woman in custody (including in
a remand home and a women’s and children’s institution) and foresees punishment of
10 to 20 years’ imprisonment and a fine. In addition, the perpetrator shall be ordered to pay
compensation to the victim for injuries caused.
3. Safeguards against torture and ill-treatment during arrest and detention
31. Article 13 of the Constitution foresees a number of fundamental safeguards, such as
freedom from arbitrary arrest (art. 13 (1)) and the right to be informed of the reasons for arrest.
Article 13 (2) stipulates that “every person held in custody, detained or otherwise deprived of
personal liberty shall be brought before the judge of the nearest competent court according to the
procedure established by law, and shall not be further held in custody, detained or deprived of
personal liberty except upon and in terms of the order of such judge made in accordance with the
procedure established by law”.
32. Article 15 of the Constitution provides for the possibility of restriction of the safeguards
and rights granted by the above-mentioned provisions in the interest of national security, public
order and the protection of public health or morality.
33. There are a number of provisions in the Code of Criminal Procedure (CCP) which
potentially safeguard the integrity of a person arrested or detained: the legal time limit of police
custody of 24 hours, excluding the time necessary for the journey from the place of arrest to the
Magistrate (article 37 of CCP and article 65 of the Police Ordinance); the requirement to
maintain an “Information Book”, including the file, by the Criminal Investigation Department
and any bureau of investigation for the purpose of recording statements; the obligation of the
officer in charge of the police station who is responsible for the Information Book to furnish
three certified copies of all notes resulting from the investigation and of all statements recorded
in the course of the investigation to the Magistrate (art. 147, CCP).
34. Other potential safeguards are: the notification of the Magistrate’s Court of arrests of
persons without warrant by any police officer (including information whether persons have been
admitted bail or otherwise, art. 38, CCP); informing the arrested persons of the reason for arrest
(with a right for the arrested person to see the arrest warrant if so requested, art. 53, CCP).
35. Where an officer in charge of a police station “considers that the examination of any
person by a medical practitioner is necessary for the conduct of an investigation”, he can order
such examination by a governmental medical officer (art. 122 (1), CCP).
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