COI Report March 2012 - UK Border Agency - Home Office

SRI LANKA 7 MARCH 2012
8.68 The UNCAT‘s Concluding Observations 184 of 25 November 2011 expressed the
Committee‘s concern ―…at the absence of an effective mechanism to ensure the
protection of and assistance to witnesses and victims of human rights violations and
abuses, which has a negative impact on the willingness and ability of witnesses and
victims to participate in investigations or to testify in proceedings… ‖ and added that:
―…the State party should ensure that witnesses and victims of human rights violations
are effectively protected and assisted, in particular by ensuring that perpetrators do not
influence protection mechanisms and that they are held accountable.‖
9. JUDICIARY
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9.01 Jane‘s Sentinel Country Risk Assessments, Country Report, Sri Lanka 185 (accessed on
3 February 2012) observed that:
―Sri Lanka's legal system is based upon a combination of English criminal law and
Roman-Dutch civil law. Civil law relating to inheritance, marriage and divorce in certain
parts of the country and among certain communities also bear the strong imprint of
indigenous legal traditions. In certain cases law makers may refer to Sinhalese, Tamil or
Muslim (sharia) precedents. The Supreme Court, headed by the chief justice,
constitutes the apex of the court hierarchy. In addition to being the highest appellate
court in the country, the Supreme Court has exclusive jurisdiction in litigation on
fundamental rights. Laws and legislation are enacted and maintained using all three
major languages.
―It is also empowered to arbitrate over constitutional disputes. It is incumbent on the
Attorney General to examine Bills in Parliament and communicate opinions to the
Speaker on any amendments to Bills when they reach the Committee stage. The
constitution ensures a substantial measure of independence for the judiciary.
Restrictions on this independence arise from the fact that the president appoints the
judges of the Supreme Court and the Court of Appeal. The Judicial Services
Commission, an independent body, exercises control on both appointments and terms
of office of the judicial officers serving at lower levels. However, the independence of
the judiciary is consistently called into question…‖
ORGANISATION
9.02 The US State Department 2010 Human Rights Report: Sri Lanka (USSD 2010) 186 ,
released on 8 April 2011 noted that:
183
US State Department 2010 Human Rights Report: Sri Lanka (USSD 2010), released on 8 April 2011,
http://www.state.gov/g/drl/rls/hrrpt/2010/sca/154486.htm , date accessed 11 May 2011, Section 5
184
UNCAT, Forty-seventh session, 31 October–25 November 201, Consideration of reports submitted by
States parties under article 19 of the Convention, Advance Unedited Version, Concluding observations of
the Committee against Torture, 25 November 2011
http://www2.ohchr.org/english/bodies/cat/docs/co/CAT.C.LKA.CO.3-4_en.doc
Date accessed 13 January 2012
185
Jane’s Sentinel Country Risk Assessments, Country Report, Sri Lanka, Internal Affairs, 17 January
2012,
http://sentinel.janes.com/docs/sentinel/SASS_country.jsp?Prod_Name=SASS&Sent_Country=Sri%20La
nka& [subscription only] accessed on 3 February 2012
84 The main text of this COI Report contains the most up to date publicly available information as at 3 February 2012.
Further brief information on recent events and reports has been provided in the Latest News section
to 2 March 2012.