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Justice Minister presents Code of Criminal Procedure Amendment Bill

25 March 2021 04:34 am - 6     - {{hitsCtrl.values.hits}}


Justice Minister Ali Sabry yesterday presented the Code of Criminal Procedure Amendment Bill which makes provisions to ensure that suspects in custody are protected to the extent provided for in the Convention against Torture and other Cruel inhuman or Degrading Treatment or the Punishment Act No 22 of 1994.

It will 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 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.

The Magistrate who visits the police station shall personally see the suspect and look into his well-being, welfare and conditions under which he is kept at such police station and then record his observations and complaints the suspect may make. Where the Magistrate is of the opinion that the suspect may have been subjected to torture, he may direct that the suspect be produced before a Judicial Medical Officer for a medical examination and the report be submitted by the medical officer to him as per the Bill. Then the Magistrate can order treatment if the suspect is subjected to torture and change the custody of the suspect. (Yohan Perera and Ajith Siriwardana)

  Comments - 6

  • Namage Thursday, 25 March 2021 07:34 AM

    What about those under the custody of white van abduction? Any legal provision for that innocent human beings?

    Jaffna Logic Thursday, 25 March 2021 07:41 AM

    Look at it from a practical perspective, a magistrate, who is an unarmed civilian, visiting a police station all alone, would not have the courage to challenge the Police in their station. It could work if the visiting Magistrate is accompanied by soldiers from the Army.

    Cosmetics Salesperson Thursday, 25 March 2021 07:57 AM

    This will have no teeth. If only one can believe that a person in custody is not afraid to speak up and incur the fury of the police officers if he were to continue to be held at the police station. Even otherwise, if the JMO determines the suspect was tortured, the Magistrate can order treatment, change the custody and not do anything about the torturers?

    FF Thursday, 25 March 2021 09:42 AM


    Jehan Thursday, 25 March 2021 10:06 AM

    The rat has spoken

    decentgent Thursday, 25 March 2021 12:10 PM

    Ali Sabry has woken up in view of the UNHRC resolution. The Rajapakse govt has asked for this and drawn into the spotlight bcoz of the atrocities, militarization of the public institutions, violation of rights of the minorities, restriction of freedom of speech, trying to control the social media etc. Now no point crying over the spilled milk. The govt has to now look at the UNHRC findings positively and endeavour its best to rectify same asap. This step is necessary to show the world that all communities in our mother land are living in peace. This action will see inflow of enormous investment into the country and increase the number of tourists, and improve our economy, which in turn reduce our debt burden. By obliging to the resolutions, govt should not feel in any way demeaning or giving into the UNHRC.

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