Anti Torture Legislation
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
Freedom from torture.
11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Right to equality.
12. (1) All persons are equal before the law and are entitled to the equal protection of the law.
(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any such grounds:
Provided that it shall be lawful to require a person to acquire within a reasonable time sufficient knowledge of any language as a qualification for any employment or office in the Public, Judicial or Local Government Service or in the service of any public corporation, where such knowledge is reasonably necessary for the discharge of the duties of such employment or office:
Provided further that it shall be lawful to require a person to have sufficient knowledge of any language as a qualification for any such employment of office where no function of that employment or office can be discharged otherwise than with a knowledge of that language.
(3) No person shall, on the grounds of race, religion, language, caste, sex or any one such grounds, be subject to any disability, liability, restriction or condition with regard to access to shops, public restaurants, hotels, places of public entertainment and places of public worship of his own religion.
(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or executive action, for the advancement of women, children or disabled persons.
Freedom from arbitrary arrest, detention and punishment, and prohibition of retroactive penal legislation.
13. (1) No person shall be arrested except according to procedure established by law. Any person arrested shall be informed of the reason for his arrest.
(2) 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 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 procedure established by law.
(3) Any person charged with an offence shall be entitled to be heard, in person or by an attorney-at-law, at a fair trial by a competent court.
(4) No person shall be punished with death or imprisonment except by order of a competent court, made in accordance with procedure established by law. The arrest, holding in custody, detention or other deprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.
(5) Every person shall be presumed innocent until he is proved guilty:
Provided that the burden of proving particular facts may, by law, be placed on an accused person.
(6) No person shall be held guilty of an offence on account of any act or omission which did not, at the time of such act or omission, constitute such an offence, and no penalty shall be imposed for any offence more severe than the penalty in force at the time such offence was committed.
Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations.
It shall not be a contravention of this Article to require the imposition of a minimum penalty for an offence provided that such penalty does not exceed the maximum penalty prescribed for such offence at the time such offence was committed.
(7) The arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reason of a removal order or a deportation order made under the provisions of the Immigrants and Emigrants Act or the Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967, or such other law as may be enacted in substitution therefor, shall not be a contravention of this Article.
Remedy for the infringement of fundamental rights by executive action.
17 . Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of the infringement or imminent infringement, by executive or administrative action, of a fundamental right to which I such person is entitled under the provisions of this Chapter.Fundamental rights jurisdiction and its exercise.
126. (1) The Supreme Court shall have sole and exclusive jurisdiction to hear and determine any question relating to the infringement or imminent infringement by executive or administrative action of any fundamental right or language right declared and recognized by Chapter III or Chapter IV.
(2) Where any person alleges that any such fundamental right or language right relating to such person has been infringed or is about to be infringed by executive or administrative action, he may himself or by an attorney-at-law on his behalf, within one month thereof, in accordance with such rules of court as may be in force, apply to the Supreme Court by way of petition in writing addressed to such Court praying for relief or redress in respect of such infringement. Such application may be proceeded with only with leave to proceed first had and obtained from the Supreme Court, which leave may be granted or refused, as the case may be, by not less than two Judges.
(3) Where in the course of hearing in the Court of Appeal into an application for orders in the nature of a writ of habeas corpus, certiorari , prohibition, procedendo , mandamus or quo warranto , it appears to such Court that there is prima facie evidence of an infringement or imminent infringement of the provisions of Chapter III or Chapter IV by a party to such application, such Court shall forthwith refer such matter for determination by the Supreme Court.
(4) The Supreme Court shall have power to grant such relief or make such directions as it may deem just and equitable in the circumstance in respect of any petition or reference referred to in paragraphs (2) and (3) of this Article or refer the matter back to the Court of Appeal if in its opinion there is no infringement of a fundament right or language right.
(5) The Supreme Court shall hear and finally dispose of any petition or reference under this Article within two months of the filing of such petition or the making of such reference.
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
Act, No. 22 of 1994
Certified on 20th December, 1994]
Government of Ceylon
310. "Whoever causes bodily pain, disease, or infirmity to any person is said to "cause hurt".
311. The following kinds of hurt only are designated as grievous:-
312, Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt".
313. Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt".
Explanation:-- A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends to knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt if, intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind.
A, intending or knowing himself to be likely permanently to disfigure Z's face, gives Z a blow which does not permanently disfigure Z's face, but which causes Z to suffer severe bodily pain for the space of twenty days. A has voluntarily caused grievous
321. Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any confession or any information which may lead to the detention of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security, or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(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.
(c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears
of revenue due from Z, A is guilty of an offence under this section.
(d) A, a landowner, tortures his tenant in order to compel him to pay his rent, A is
guilty of an offence under this section.
PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA .
CORPORAL PUNISHMENT (REPEAL)
ACT, No. 23 OF 2005.
Corporal Punishment (Repeal)
Act No. 23 of 2005.
(Certified on 02nd August, 2005)
L.D. - O. 55/2004.
AN ACT TO REPEAL THE CORPORAL PUNISHMENT ORDINANCE
BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:=
1. This Act may be cited as the Corporal Punishment (Repeal) Act No. 23 of 2005.
2. The Corporal Punishment Ordinance (Chapter 21) is hereby repealed.
3. Wherever in any written law, there is included as part of a sentence to be imposed by Court in respect of any offence, a sentence of whipping, such law shall from and after the date of the coming into operation of this Act, be deemed to be amended by the omission therefrom of such part of such sentence as relates to whipping.
4. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
PARLIAMENT OF THE DEMOCRATIC SOCIALIST
REPUBLIC OF SRI LANKA
PENAL CODE (AMENDMENT )
ACT, No. 22 OF 1995
(Certified on 31st October, 1995)
Printed on the Order of Government
(2) In this section----
"child" means a person under eighteen years of age:
"film" includes any form of video recording.'.
3. The following new section is hereby inserted immediately after
section 308, and shall have effect as section 308 A of the principal
308 A (1) Whoever, having the custody charge or care
of any person under eighteen years of age, wilfully assaults,
ill-treats, neglects or abandons such person or causes or
procures such person to be assaulted, ill-treated, neglected or abandoned in a manner likely to cause him suffering or injury to health (including injury to, or loss of sight or hearing, or limb or organ of the body or any mental derangement), commits the offence of cruelty to children.
(2)Whoever commits the offence of cruelty to children shall on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding ten years and may also be punished with fine and be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.".
4. Section 311 of the principal enactment is hereby repealed
and the following section substituted therefor: ----
311. The following kinds of hurt only are designated
permanent privation or impairment of the sight of either eye;
permanent privation or impairment of the hearing of either ear;
privation of any member or joint;
destruction or permanent impairment of the powers of any member or joint
permanent disfiguration of the head or face;
cut or fracture, of bone, cartilege or tooth or dislocation or subluxation, of bone, joint or tooth;
any injury, which endangers life or in consequence of which an operation involving the opening of the thoracic, abdominal or cranial cavities is performed;
any injury which causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits, for a period of twenty days either because of the injury or any operation necessitated by the injury.'.