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sri lanka's commissions of inquiry - Law & Society Trust

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Detention<br />

Inspector General <strong>of</strong> Police to be required to provide monthly<br />

statistics <strong>of</strong> compliance. IV.3<br />

A penalty for non-compliance, including the chain <strong>of</strong> command<br />

responsibility for such non-compliance, be specified. 162 IV.2<br />

All Island,<br />

Final (84)<br />

All Island,<br />

Final (84)<br />

4. Detention -<br />

Southern, Final<br />

(i) to be at authorized places <strong>of</strong> detention only .<br />

(173)<br />

(ii) A receipt be issued to detainees with particulars <strong>of</strong><br />

detention. 163<br />

(iii) A right to communicate with relatives be recognized and<br />

be implemented. 164<br />

(iv) Registers <strong>of</strong> detention to be maintained; including<br />

detention at temporary camps. 165<br />

(v) Particulars <strong>of</strong> detainees held at temporary camps must be<br />

entered in the main Army Camp/Police station as well. 166<br />

2001<br />

2001<br />

1997<br />

162.<br />

The only penalty provided for non compliance in Regulation 20(10) is a penalty <strong>of</strong> up to two years imprisonment and a fine by the High Court<br />

for the <strong>of</strong>fence <strong>of</strong> failure without reasonable cause to issue a document acknowledging the fact <strong>of</strong> arrest or wilful omission to make an entry<br />

in the information book as the case may be in accordance with Regulation 20(9). [ER 2005]<br />

163.<br />

According to Regulations 19(3) and 21(2), detention may be in a place authorized by the Inspector General <strong>of</strong> Police. [ER 2005], [ER 2010]<br />

164.<br />

Regulation 20(9) imposes on the arresting <strong>of</strong>ficer a duty to issue to the spouse, father, mother, or any other close relative, a document<br />

acknowledging the fact <strong>of</strong> arrest. The proviso to this paragraph states, however, that where it is not possible for an arresting police <strong>of</strong>ficer to<br />

issue such a document, he must make an entry in the information book giving reasons why it is not possible to issue such documents and in<br />

the case <strong>of</strong> an armed forces arresting <strong>of</strong>ficer, he must report to the <strong>of</strong>ficer in charge <strong>of</strong> the police station the reasons why it was not possible to<br />

issue the documents, who in turn would enter that information in the information book. [ER 2005]<br />

165.<br />

In relation to both forms <strong>of</strong> detention, the IGP may, when he considers it expedient to do so, permit visits to and correspondence to such<br />

person in such manner and at such time and place as the IGP may from time to time direct. Regulations 19(3)(b) and 21 (2)(b) [ER 2005], [ER<br />

2010]<br />

166. No provision.<br />

109

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