CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT
1.CODE OF CRIMINAL PROCEDURE
(AMENDMENT) ACT, No. 14 OF 2021
2.
Release Of Remand Prisoners
3.
Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or
Punishment
CODE OF CRIMINAL PROCEDURE (AMENDMENT)
ACT, No. 14 OF 2021
[Certified on 15th of
July, 2021]
L.D.—O. 62/2017
AN ACT TO AMEND THE
CODE OF CRIMINAL PROCEDURE
ACT, NO. 15 OF 1979
BE it enacted by the
Parliament of the Democratic Socialist
Republic of Sri Lanka
as follows:—
Short title
1. This Act may be
cited as the Code of Criminal Procedure (Amendment) Act, No. 14 of 2021.
2. The following new
section is hereby inserted immediately after section 43A of the Code of
Criminal Procedure Act, No. 15 of 1979 and shall have effect as section 43B of
that Act:-
Insertion of new section 43B in Act, No. 15 of 1979 “Duty of Magistrates to visit police stations”
43B. (1) It shall be
the duty of every Magistrate to visit every police station situated within the
judicial division in respect of which he is appointed, at least once in every
month to ensure that the suspects under the police custody at such police
stations are protected to the extent provided for in the Convention Against
Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No.
22 of 1994.
(2) For the purpose of
subsection (1), the Magistrate who visits the police station, shall-
(a) personally see the
suspect, and look into his well-being, welfare and conditions under which he is
kept at such police station; and
(b) record his
observations and any complaint the suspect may make.
(3) Where the
Magistrate is of the opinion, that the suspect may have been subjected to torture,
the Magistrate may direct that the suspect be produced before a judicial
medical officer or a government medical officer for medical examination, and a
report be submitted by such medical officer to the Magistrate.
(4) Where the report of
such medical officer reveals that the suspect has been subjected to torture,
the Magistrate shall make an appropriate order, including directions to provide
necessary medical treatment to the suspect and to change the place of custody of
such suspect.
(5) The Magistrate
shall also direct the Inspector General of Police to commence an investigation
into the alleged torture in order to enable the Attorney-General to institute criminal
proceedings against the person who is alleged to have committed the torture.
Sinhala
text to prevail in case of inconsistency
3. In the event of any
inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text
shall prevail.
Release Of Remand Prisoners
AN ACT TO PROVIDE FOR
THE RELEASE FORM CUSTODY OF PERSONS ACCUSED OF CERTAIN OFFENCES WHO HAVE BEEN
DETAINED IN PURSUANCE OP WARRANTS OF REMAND ; AND FOR MATTERS CONNECTED
THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the
Parliament of the Democratic Socialist Republic of Sri Lanka as follows :
"
[8th March , 1991 ]
Short title.
1. This Act may be
cited as the Release of Remand Prisoners Act, No. 8 of 1991.
Application
of Act.
2. The provisions of
this Act shall apply in respect of an accused person who-
(a) has been remanded
for being suspected of having committed or been concerned in the Commission of
an offence specified in the Schedule to this Act; and
(b) has not been
released under any provision of this Act, and subsequently remanded in respect
of any other offence alleged to have been committed by him. before the
conclusion of the trial of the offence in respect of which he had been
originally remanded.
Such accused person is
hereinafter referred to as a "person to whom this Act applies ".
Power of court in respect of an accused person who is remanded:
3. (1) Where a person
to whom this Act applies has been granted bail by a competent court, but
continues to remain in remand on the expiry of one month from the date of the
order of remand due to his inability to furnish bail, the Superintendent of the
Prison in which such person is remanded, shall produce him before the court
remanding such person and the court shall release such person upon his
executing a bond without sureties for his appearance in court.
(2) Where a person to
whom this Act applies has been in remand for a period of three months from the
date of the order of remand, the Superintendent of the Prison in which such
person is remanded, shall on the expiration of the three months, produce such
person before the court remanding such person, and the court, shall if no
proceedings have been instituted against such person at the time he is so
produced, release such person on his executing a bond without sureties for his
appearance in court.
(3) Where a person to
whom this Act applies has been in remand for a period exceeding one year the
Superintendent of the Prison in which such person is remanded shall upon the
expiration of such period produce such person before the court remanding such
person, and where"
(a) trial against such
person has not commenced when such person is so produced, the court shall
release such person on his executing a bond without sureties for his appearance
in court;
(b) trial has commenced
when such person is so produced, the court may release such person on his
executing a bond without sureties for his appearance in court, unless it
appears to the court for good and sufficient reasons to be recorded, that he
should not be, so released.
Warrant to specify
enactment under which accused is remanded.
4. Every court making
an order of remand, in respect of an accused person, under any law for the time
being in force, shall cause to be endorsed on the warrant of remand, the
provision of law under which such accused person is so remanded.
Duty
of Magistrate to visit prison.
5. It shall be the duty
of every Magistrate to visit every prison situated within the judicial division
in respect of which he is appointed, at least once in every month.
Production
of person to whom this Act applies before visiting Magistrate.
6. Where it is
inexpedient for the Superintendent of the Prison to so produce any person to
whom this Act applies, before the court remanding such person, in compliance
with the provisions of section 3, he shall forthwith make a report to that
effect to such court and shall produce such person before the Magistrate
visiting such prison in compliance with the provisions of section 5.
Production of persons
to whom this Act applies before a visiting Magistrate and powers of such
Magistrate.
7. (1) Where a person
to whom this Act applies is produced before a Magistrate visiting a prison in
compliance with the provisions of section 5, such Magistrate shall exercise in
relation to such person the powers conferred by section 3, on the court making an
order of remand.
(2) The Superintendent
of every prison shall obtain the particulars relating to the remand of every
person to whom this Act applies, and remanded in such prison, from the court
remanding such person, and shall, where the Magistrate before whom such person
is produced under this section, is not the Magistrate who remanded, such
person, furnish such particulars under his hand to the first-mentioned
Magistrate for the purpose of enabling him to make an appropriate order in
relation to such person under this Act.
(3) Where a Magistrate
visiting a prison in compliance with section 5, orders the release of a person
to whom this Act applies, upon such person executing a bond without sureties
for his appearance he shall cause the court remanding such person to be
informed of such release, and shall cause a copy of the bond executed by such
person to be forwarded to that court.
Act to apply to accused
in remand on date of commencement of Act.
8. For the avoidance of
doubts it is hereby declared that the provisions of this Act shall apply also
to, accused persons who are in remand cm the date of commencement of this Act.
This
Act to prevail in event of conflict.
9. In the event of any
inconsistency between this Act and the Code of Criminal Procedure Act, No. 15
of 1979 and any other written law relating to bail, other than the
Constitution, the provisions of this Act shall prevail.
Power of Parliament to amend the Schedule to this Act.
10. Parliament may
subject to the provisions of the Constitution by resolution, amend the Schedule
to this Act, by adding any offence thereto, or omitting any offence there from.
11. In the event of any
inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text
shall prevail.
END
Convention
Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment
Convention Against
Torture and Other Cruel, Inhuman Or Degrading Treatment Or Punishment
AN ACT TO
GIVE EFFECT TO THE CONVENTION AGAINST TORTURE AND OTHER CRUEL INHUMAN OR
DEGRADING TREATMENT OR PUNISHMENT ; AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
WHEREAS a Convention
against Torture and other Cruel Inhuman or Degrading Treatment or Punishment,
was signed in New York on December 10, 1984: AND WHEREAS by an instrument of
accession dated December 14, 1993, and deposited with the Secretary-General of
the United Nations Organization, on January 3, 1994, Sri Lanka has acceded to
the aforesaid Convention :
AND WHEREAS the aforesaid Convention has entered into force for Sri Lanka with effect from February 2, 1994:
AND WHEREAS it has
become necessary to make legislative provision to give effect to Sri Lanka’s
obligations under the aforesaid Convention :
NOW therefore be it
enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as
follows :”
[20th December 1994 ]
Short
title.
1. This Act may be
cited as the Convention Against Torture and other Cruel. Inhuman or Degrading
Treatment or Punishment Act, No. 22 of 1994.
Act No15 of 2021
[20th December , 1994 ]
Torture to be an offence.
[amended by $2,
15 of 2021]
2. (1) Any person who
tortures any other person shall be guilty of an offence under this Act.
(2) Any person
who-
(a) attempts to commit;
(b) aids and abets in
committing ;
(c) conspires to
commit, an offence under subsection (1), shall be guilty of an offence under
this Act
(3) The subjection of
any person on the order of a competent court to any form of punishment
recognized by written law shall be deemed not to constitute an offence under
subsection (1).
[amended BY $ 2, 15 of 2021]
(4) A person guilty of
an offence under this Act shall on conviction alter trial by the High Court be
punishable with imprisonment of either description for a term not less than
seven years and not exceeding ten years and a fine not less than fifty thousand
rupees and not exceeding two hundred thousand rupees.
(5) An offence under this Act shall be a cognizable offence and a non-bailable offence, within the meaning, and for the purposes, of the Code of Criminal Procedure Act, No. 15 of 1979.2. (1) Any person who tortures any other person shall be guilty of an offence under this Act.
(2) Any person who”
(a) attempts to commit;
(b) aids and abets in
committing ;
(c) conspires to commit,
an offence under subsection (1), shall be guilty of an offence under this Act
(3) The subjection of
any person on the order of a competent court to any form of punishment
recognized by written law shall be deemed not to constitute an offence under
subsection (1).
(4) A person guilty of
an offence under this Act shall on conviction alter trial by the High Court be
punishable with imprisonment of either description for a term not less than
seven years and not exceeding ten years and a fine not less than ten thousand
rupees and not exceeding fifty thousand rupees.
(5) An offence under
this Act shall be a cognizable offence and a non-bailable offence, within the
meaning, and for the purposes, of the Code of Criminal Procedure Act, No. 15 of
1979.
Acts
done during state of war & c. or on order of Superior Officer not to be a
defence to an offence under this Act.
3. For the avoidance of
doubts it is hereby declared that the act that any act constituting an offence
under this Act was committed”
(a) at a time when there
was a state of war, threat of war., internal political instability or any
public emergency;
(b) on an order of a
superior officer or a public authority, shall not be a defence to such offence.
4. (1) The High Court
of Sri Lanka shall have the jurisdiction to hear and try an offence under this
Act committed in any place outside the territory of Sri Lanka by any person, in
any case where”
(a) the offender
whether he is a citizen of Sri Lanka or not, is in Sri Lanka, or on board a
ship or aircraft registered in Sri Lanka
(b) the person alleged
to have committed the offence is a citizen of Sri Lanka ; or
(c) the person in
relation to whom the offence is alleged to have been committed is a citizen of
Sri Lanka.
(2) The jurisdiction of
the High Court of Sri Lanka in respect of an offence under this Act committed
by a person who is not a citizen of Sri Lanka, outside the territory of Sri
Lanka, shall be exercised by the High Court holden in the Judicial Zone
nominated by the Chief Justice, by a direction in writing under his hand.
5. A confession
otherwise inadmissible in any criminal proceedings shall be admissible in any
proceedings instituted under this Act, for the purpose only of proving the fact
that such confession was made.
Rights of certain persons arrested under this Act.
6. Where a person who
is not a citizen of Sri Lanka is arrested for an offence under this Act, then
he shall be entitled to communicate
without delay with the nearest appropriate representative of the State of which
he is a national or if he is a stateless person, the nearest appropriate
representative of the State where he usually resides,
Duty of Minister to inform other States having
jurisdiction over an offence.
7. (1) Where a person
is arrested for an offence under this Act, the Minister in charge of the
subject of Foreign Affairs shall inform the relevant authorities in any other
State having jurisdiction over that offence, of the measures which the
Government of Sri Lanka has taken, or proposes to take, for the prosecution or
extradition that person, for that offence.
(2) Where a request is made to the Government
of Sri Lanka, by or on behalf of the Government of any State for the
extradition of any person accused or convicted of the offence of torture, the
Minister in charge of the subject of Foreign Affairs shall, on behalf of the
Government of Sri Lanka, forthwith inform the Government of the requesting
State, of the measures which the Government of Sri Lanka has taken, or proposes
to take, for the prosecution or extradition of that person, for that offence.
(3) Where it is decided
that no order should be made under the Extradition Law. No. 8 of 1977, for the
extradition of any person accused or convicted of the offence of torture
pursuant to a request for his extradition made under that Law, by the
Government of any State, the case shall be submitted to the relevant
authorities, so that prosecution for the offence which such person is accused
of, or other appropriate action may be considered.
Amendment to Extradition Law, No. 8 of 1977.
8. The Extradition Law.
No. 8 of 1577, is hereby amended in the manner set out in the Schedule to this
Act.
Provision regarding extradition arrangement.
9. (1) Where there is
an extradition arrangement in force between the Government of Sri Lanka and the
Government of any oilier State, such arrangement shall be deemed, for the
purposes of the Extradition Law, No. 8 of 1977, to include provision for
extradition in respect of the offence of torture as defined in the Convention,
and of attempting to commit, aiding and abetting the commission of, or
conspiring to commit, the offence of torture as defined in the Convention.
(2) Where there is no
extradition arrangement made by the Government of Sri Lanka with any State, in
force on the date of the commencement of this Act, the Minister may, by Order
published in the Gazette, treat the Convention, for the purposes of the
Extradition Law, No. 8 of 1977, as an extradition arrangement made by the
Government of Sri Lanka with the Government of that State, providing for
extradition in respect of the offence of torture as defined in the Convention
and of attempting to commit, aiding and abetting the commission of, or
conspiring to commit, the offence of torture as defined in the Convention.
Duty of Government to afford assistance to other States.
10. The Government
shall afford such assistance (including the supply of any relevant evidence at its
disposal) to the relevant authorities of any State as may be necessary in
connection with criminal proceeding instituted in that State against any
person, in respect of the offence of torture.
Sinhala text to prevail in case of inconsistency.
11. In the event of any
inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text
shall prevail,
12. In this Act. unless
the context otherwise requires”
” public officer ”
means a person who holds any paid office under the Republic ;
“torture” with its
grammatical variations and cognate expressions, means any act which causes
severe pain, whether Physical or mental, to any other person, being an net
which is”
(a) done for any of the
following purposes that is to say”
(i) obtaining from such
other person or a third person, any information or confession; or
(ii) punishing such
other person for any act which he or a third person has committee, or is
suspected of having committed ; or
(iii) intimidating or
coercing such other person or a third person ; or
(b) done for any reason
based on discrimination, and being in every case, an act which is done by, or
at the initiation of, or with the consent or acquiescence of, a public officer
or other person acting in an official capacity.
Comments
Post a Comment