President issues directives to Armed Forces and Police to ensure fundamental rights of detainees are respected  [Tuesday, July 04, 2006 - 12.15 GMT]

President Mahinda Rajapaksa has issue directions to the Heads of the Armed Forces and Police Force to enable the Human Rights Commission (HRC) of Sri Lanka to exercise and perform its duties and functions by ensuring the fundamental rights of persons arrested or detained are respected.

In his capacity as Commander-in- Chief and Minister of Defence President Rajapaksa directed that every member of the Armed and Police Forces should assist the HRC by ensuring that human rights are respected.

Under these directives no person shall be arrested or detained under any Emergency Regulation or the Prevention of Terrorism Act No. 48 of 1979 except in accordance with the law and proper procedure and by a person who is authorized by law to make such an arrest or order such detention.

The person making the arrest or detention should identify himself by name and rank, to the person or relative or friend of the person to be arrested. The person to be arrested should be informed of the reason for the arrest. All details of the arrest should be documented in the manner specified by the Ministry of Defence. The person being arrested should be allowed to make contact with family or friends to inform them of his whereabouts.

When a child under 12 years or a woman is being arrested or detained a person of their choice should be allowed to accompany them to the place of questioning. As far as possible any such child or woman arrested or detained should be placed in the custody of a Women’s Unit of the Armed or Police Force or in the custody of another woman military or police officer.

The person arrested or detained should be allowed to make a statement in the language of his choice and then asked to sign the statement. If he wishes to make a statement in his own handwriting it should be permitted.

Members of the HRC or anyone authorized by it must be given access to the arrested or detained person and should be permitted to enter at any time any place or detention, police station or any other place in which such a person is confined.

The HRC must be informed within 48 hours of any arrest or detention and the place the person is being detained.

 PRINT THIS STORY

Contact Information: Send mail to gosl@presidentsl.org with questions or comments about this web site. 
Last Updated Date: July 4, 2006 -12.15 GMT