26 May, 2022


Amendment To The Code Of Criminal Procedure Act: HRCSL Sets Out Its Recommendation

The Human Rights Commission has written to the Prime Minister Ranil Wickremesinghe conveying its concerns about the proposed amendment to the Code of Criminal Procedure (Special Provisions) Act No 2 of 2013. In the letter the Commission sets out its recommendation to ensure legislative compliance with human rights standards.

We publish below the letter in full:

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Latest comments

  • 1

    Dr. Udagama must be thanked for doing her extra bit to protect the rights of victims as well as the suspects. Her claim that the MOJ did not give her a copy of the draft bill surprises me. After all what is there to hide from the HRCSL?

    The biggest denial of human or fundamental rights of the entire citizens of Sri Lanka is the undue delay in hearing court cases. How many postponements, just for the whim? This is perhaps beyond Dr. Udagama’s scope. But in her advisory role as stipulated in the HRCSL Act she can definitely advice the Government that new technology should be infused in the court system. She may even study the new system adopted in Bhutan. It is a public right for the people to know why their cases are getting dragged fro a long time.

    This does not mean that the earnings or some other privilleges of attorney’s be reduced. A win-win solution can always be found.

  • 0

    How can a detainee’s access to a lawyer be “prejudicial” to any investigation, at the very onset of inquiry, unless the police think that the arrested person is guilty beyond doubt even before his version of events for which he was arrested, has been recorded?

    Why is this government appearing to consider that the police version of events in any arrest is true beyond doubt?
    Are we living in a “police state’?

    In many countries, the accused/arrested person is informed that he has the “right to remain silent, and that he has the right to an attorney”.

    The prevalence of torture in police and prison custody is rampant, and has been confirmed by UN Rapporteurs many times.

    Police as reported by all accused and their families, routinely use torture to obtain “confessions” from those arrested.
    There are reports of citizens dying in police and prison custody, but these are not fully investigated.
    The Human Rights Commission’s opinion is correct.

  • 0

    I agree, the crfminsal should have more rights than the victim.

    that is the best way to spread Kudu in Sri lanka.

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