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

Issue of receipts to members of the family of the detainee and/
or a person elected by the detainee be strictly monitored. 172
VI.4(ii)
Register of all persons detained under emergency regulations
to be maintained at the District Secretary’s office and regularly
updated. 173 VI.4(iii)
Magistrate to be required to visit all places of detention once a
month. A record of Magistrate’s monthly visits and comments to
be maintained at the place of detention. 174 IV.5
Southern, Final
(177)
Southern, Final
(177)
Southern, Final
(173)
Magistrate to visit places of detention every month. 175 IV.10 All Island,
Final (84)
1997
1997
1997
2001
172.
Regulation 20(9) imposes on the arresting officer a duty to issue to the spouse, father, mother, or any other close relative, a document
acknowledging the fact of arrest. The proviso to this paragraph states however, that where it is not possible for an arresting police officer to
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
the case of an armed forces arresting officer, he must report to the officer in charge of the police station the reasons why it was not possible to
issue the documents, who in turn would enter that information in the information book. [ER 2005].
173.
There is no publicly available comprehensive list of all detained persons. While in the past, the Human Rights Commission did record details
of all arrests, sources report that, at present, no such practice is being followed.
174.
The Prisons Ordinance No.16 of 1877 as amended in 1952, Section 39 states: (1) Nothing in this Ordinance shall be deemed to abridge or
affect the power of a Judge of the Supreme Court, a Judge of the Court of Appeal or a Judge of a High Court to visit any prison at any time and
to hold therein any inspection, investigation or inquiry which he may consider necessary., (2) Any Member of Parliament, District Judge or
Magistrate may visit any prison, between the hours of 5.30 a.m. and 5.30 p.m. on any day for the purpose of inspecting the general condition
of the prison and of the prisoners therein, and may record in the Visitors' book any observations or recommendations which he may think fit
to make after such inspection.
175.
Thus, although Magistrates do have the right to visit places of detention according to existing law, they are not compelled to do so.
112