Sri Lanka - Revision history

IBJadmin at 07:54, 2 October 2019

2019-10-02T07:54:27Z

IBJadmin at 07:20, 2 October 2019

2019-10-02T07:20:53Z

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 S5 of the Criminal Procedure (Amendment) Act, No. 11 of 2018 speaks to the trial of offences under the Penal Code and other laws. Chapter XIII of the Criminal Procedure (Amendment) Act, No. 11 of 2018, covers the area of place of inquiry or trial and highlights the place of trial, where the concerned criminal act is an offence by reason of relation to another offences (s130) and the place of inquiry or trial in various cases (S132).
 Chapter XVII of the above-mentioned Act deals with the trial of cases where a magistrate’s court has the power to try summarily while Chapter XVII deals with trial by the high court specifically trial by a judge without a jury (section B) and trial by jury (section C). Section D deals with the re-trial of the accused after the discharge of the jury while section F deals with the trails in the high court in the absence of the accused. Chapter XXI speaks to the general provisions as to inquiries and trials.
 ===Defendant ===

IBJadmin at 07:10, 2 October 2019

2019-10-02T07:10:00Z

Show changes

IBJadmin at 11:25, 27 July 2019

2019-07-27T11:25:10Z

IBJadmin: /* [A] Introduction */

2019-07-27T11:24:39Z

[A] Introduction

← Older revision		Revision as of 13:24, 27 July 2019
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	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">TRANSITIONAL JUSTICE</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">TRANSITIONAL JUSTICE</h2>

	=== ~~[A]~~ Introduction ===		===Introduction ===

	Transitional justice refers to the ways countries emerging from periods of conflict and repression address large-scale or systematic human rights violations so numerous and so serious that the normal justice system will not be able to provide an adequate response. In broad terms, transitional justice aims to provide truth, accountability, reparation and justice.		Transitional justice refers to the ways countries emerging from periods of conflict and repression address large-scale or systematic human rights violations so numerous and so serious that the normal justice system will not be able to provide an adequate response. In broad terms, transitional justice aims to provide truth, accountability, reparation and justice.

IBJadmin: /* [F] Judiciary */

2019-07-27T11:23:43Z

[F] Judiciary

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	The procedure for promoting judges remains relatively vague. There is concern that promotions are used as a tool to ensure political conformity on contentious issues such as human rights abuses and torture. Judges are often offered government or political offices following retirement.		The procedure for promoting judges remains relatively vague. There is concern that promotions are used as a tool to ensure political conformity on contentious issues such as human rights abuses and torture. Judges are often offered government or political offices following retirement.


	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">VULNERABLE GROUPS IN THE CRIMINAL JUSTICE SYSTEM</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">VULNERABLE GROUPS IN THE CRIMINAL JUSTICE SYSTEM</h2>

IBJadmin: /* Court Jurisdiction */

2019-07-27T11:23:20Z

Court Jurisdiction

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	(b) by a Magistrate’s Court where that offence is shown in the eighth column of the First Schedule to be triable by a Magistrate’s Court.		(b) by a Magistrate’s Court where that offence is shown in the eighth column of the First Schedule to be triable by a Magistrate’s Court.


	===High Courts===		===High Courts===
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	The High Court has jurisdiction for triable offences under the Penal Code where the offence is listed in the eighth column of the First Schedule (Criminal Code, Section 10(b)).		The High Court has jurisdiction for triable offences under the Penal Code where the offence is listed in the eighth column of the First Schedule (Criminal Code, Section 10(b)).


	===Court of Appeal===		===Court of Appeal===

IBJadmin at 11:22, 27 July 2019

2019-07-27T11:22:34Z

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 The right to appeal from a Magistrate’s court to the Court of Appeal is guaranteed under law.<ref>Part VII, Chapter XXVIII of Appeals, A - 320</ref>
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 The litigation services provided by LAC include the following: land, divorce, money recovery, accident compensation, domestic violence, spousal and child maintenance, labour debt reconciliation board matters, rent board matters, bail, appeals, and fundamental rights violation cases. The LAC rarely accepts criminal law cases and as a result indigent accused persons are forced to navigate the legal system on their own.
 <h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">OTHER RELEVANT DOMESTIC LAWS</h2>

IBJadmin: /* Women's rights in prison */

2019-07-27T11:21:43Z

Women's rights in prison

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	The criminal code details the specific rights enjoyed by female inmates in Sri Lankan prisons. There must be a least one female officer in each prison, and additionally female prisoners are to be dealt with only by female officers - "In every prison in which female prisoners are detained there shall be at least one female officer" and "provided that the persons of females shall be searched by some female prison officer" and that "males shall be separated from females" at all times also.<ref>Prison Ordinance, Chapter 66, Part IV</ref>		The criminal code details the specific rights enjoyed by female inmates in Sri Lankan prisons. There must be a least one female officer in each prison, and additionally female prisoners are to be dealt with only by female officers - "In every prison in which female prisoners are detained there shall be at least one female officer" and "provided that the persons of females shall be searched by some female prison officer" and that "males shall be separated from females" at all times also.<ref>Prison Ordinance, Chapter 66, Part IV</ref>


	<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">COURT PROCEDURES</h2>		<h2 id="mp-dyk-h2" style="margin:3px; background:#143966; font-size:120%; font-weight:bold; border:1px solid #a3bfb1; text-align:left; color:#ffffff; padding:0.2em 0.4em;">COURT PROCEDURES</h2>

IBJadmin: /* Sentencing Outcomes */

2019-07-27T11:21:21Z

Sentencing Outcomes

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	(a) In a State or State-sponsored project;		(a) In a State or State-sponsored project;
	(b) In a Government department, public corporation, statutory board or any local authority; or		(b) In a Government department, public corporation, statutory board or any local authority; or
	(c) In a charitable institution, social service organization or a place of religious worship, with the consent of the person in charge of such institution, organization or place,		(c) In a charitable institution, social service organization or a place of religious worship, with the consent of the person in charge of such institution, organization or place, under the direction and supervision of an authorized officer.
	under the direction and supervision of an authorized officer.

	The duration of the Community Service Order shall be for such number of hours being in the aggregate not less than forty hours and not more than two hundred and forty hours, as may be specified in such order, to be served within a period of one year commencing from the date on which the order is entered (Criminal Code, Section 18(2)).		The duration of the Community Service Order shall be for such number of hours being in the aggregate not less than forty hours and not more than two hundred and forty hours, as may be specified in such order, to be served within a period of one year commencing from the date on which the order is entered (Criminal Code, Section 18(2)).

← Older revision		Revision as of 13:25, 27 July 2019
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	Sri Lanka was embroiled in a 26-year civil war that ended in May 2009 and the effects of human rights abuses, enforced disappearances and lack of accountability and government transparency continues long after the end of the war. Following the Presidential elections in 2015, the government has made commitments towards transitional justice.		Sri Lanka was embroiled in a 26-year civil war that ended in May 2009 and the effects of human rights abuses, enforced disappearances and lack of accountability and government transparency continues long after the end of the war. Following the Presidential elections in 2015, the government has made commitments towards transitional justice.

	=== ~~[B]~~ Adoption of International Treaties into Domestic Law ===		=== Adoption of International Treaties into Domestic Law ===

	The political scenario in Sri Lanka was greatly impacted by the January 2015 Presidential and Parliamentary elections as the new government became open to democratic development. The Sri Lanka government adopted directives recommended by the Human Rights Commission in June 2016 to protect detainees from abuses, particularly at the time of arrest and ensuing detention, including medical and legal assistance, registration of arrest etc.		The political scenario in Sri Lanka was greatly impacted by the January 2015 Presidential and Parliamentary elections as the new government became open to democratic development. The Sri Lanka government adopted directives recommended by the Human Rights Commission in June 2016 to protect detainees from abuses, particularly at the time of arrest and ensuing detention, including medical and legal assistance, registration of arrest etc.
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	Although Sri Lanka is a party to many international human rights treaties, it has been criticized of not giving full effect to a number of legal responsibilities as set out in these treaties. As indicated however, the Sri Lankan government has indicated its commitment to transitional justice and compliance with its international treaty obligations.		Although Sri Lanka is a party to many international human rights treaties, it has been criticized of not giving full effect to a number of legal responsibilities as set out in these treaties. As indicated however, the Sri Lankan government has indicated its commitment to transitional justice and compliance with its international treaty obligations.

	=== ~~[C]~~ Constitutional and Institutional Reform ===		=== Constitutional and Institutional Reform ===

	The constitutional reform process was initiated in 2016 and several new laws have been adopted.		The constitutional reform process was initiated in 2016 and several new laws have been adopted.
	The Right to Information Act, and four important institutions were established: The Office of Missing Persons (OMP), Office for Reparations (OR), Commission for Truth, Justice, Reconciliation and Non-Recurrence (CTJRNR) and Judicial Mechanism (JM). The OMP was established in March 2018, the OR draft bill is pending in Parliament, although progress has come to a standstill with the CTJRNR and JM.		The Right to Information Act, and four important institutions were established: The Office of Missing Persons (OMP), Office for Reparations (OR), Commission for Truth, Justice, Reconciliation and Non-Recurrence (CTJRNR) and Judicial Mechanism (JM). The OMP was established in March 2018, the OR draft bill is pending in Parliament, although progress has come to a standstill with the CTJRNR and JM.

	=== ~~[D]~~ Delayed Justice ===		===Delayed Justice ===

	Time limits must be placed on criminal cases to negate delays, abuse of power and to afford victims access to justice in a timely manner. Certain cases are heard only once a year because the courts do not have the capacity to accommodate them twice. Cases are delayed due to judges and prosecutors being absent. Cases are postponed because there is no mechanism in place (such as a provision in the Judicial Services Commission) to hear cases by another judge in the absence of the one who normally heard the case. A reported shortage of courthouses resulted in numerous criminal cases being transferred to Colombo, and often, due to the large number of cases, it is impossible to have them heard in a timely manner.		Time limits must be placed on criminal cases to negate delays, abuse of power and to afford victims access to justice in a timely manner. Certain cases are heard only once a year because the courts do not have the capacity to accommodate them twice. Cases are delayed due to judges and prosecutors being absent. Cases are postponed because there is no mechanism in place (such as a provision in the Judicial Services Commission) to hear cases by another judge in the absence of the one who normally heard the case. A reported shortage of courthouses resulted in numerous criminal cases being transferred to Colombo, and often, due to the large number of cases, it is impossible to have them heard in a timely manner.

	=== ~~[E]~~ Criminal Accountability ===		=== Criminal Accountability ===

	Criminal accountability for the atrocities committed during the 26-year Civil War is an important element of transitional justice. In 2010, President Rajapaksa set up the Lessons Learnt and Reconciliation Commission (LLRC), which was mandated to investigate events that took place between 2002 and 2009. This commission received international criticism for its limited mandate and its perceived bias.		Criminal accountability for the atrocities committed during the 26-year Civil War is an important element of transitional justice. In 2010, President Rajapaksa set up the Lessons Learnt and Reconciliation Commission (LLRC), which was mandated to investigate events that took place between 2002 and 2009. This commission received international criticism for its limited mandate and its perceived bias.
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	The Sri Lankan government has failed to establish a special court to investigate and prosecute alleged perpetrators. The government in 2017 asserted that there would be no international participation in prosecutions and that no war heroes (military personnel who fought the LTTE) will be touched.		The Sri Lankan government has failed to establish a special court to investigate and prosecute alleged perpetrators. The government in 2017 asserted that there would be no international participation in prosecutions and that no war heroes (military personnel who fought the LTTE) will be touched.

	=== ~~[F]~~ Judiciary ===		=== Judiciary ===

	The role of the Judiciary in a democratic society provides a check and balance on the political branches of government. The current Sri Lankan Constitution fails to contain specific provisions for judicial independence or a separation of powers. According to a UN Report completed in March 2017 by the Special Rapporteur on the independence of judges and lawyers in Sri Lanka, there are credible concerns relating to the independence, impartiality and competence of the judiciary. Judges of the Superior Court can be removed from office by a decision of the President after an impeachment procedure before Parliament. The Executive has the power to arbitrarily remove a judge, which raises concerns on the level of control of the Executive over the Judiciary.		The role of the Judiciary in a democratic society provides a check and balance on the political branches of government. The current Sri Lankan Constitution fails to contain specific provisions for judicial independence or a separation of powers. According to a UN Report completed in March 2017 by the Special Rapporteur on the independence of judges and lawyers in Sri Lanka, there are credible concerns relating to the independence, impartiality and competence of the judiciary. Judges of the Superior Court can be removed from office by a decision of the President after an impeachment procedure before Parliament. The Executive has the power to arbitrarily remove a judge, which raises concerns on the level of control of the Executive over the Judiciary.