Centre for Policy Alternatives on 2 March, 2010

Amitha Priyanthi Vs Inspector General of Police (SC FR 155/10)

Categories: Public Interest Litigation submissions

In March 2010 CPA further assisted in a case filed by an independent petitioner on the issuing of Emergency Regulations specifying new places of detention. The petition was filed by MullaKandage Amitha Priyanthi against the Inspector General of Police and the Attorney General. Mulla Kandage Amitha Priyanthi in the petition contended that the new regulations granted extraordinary powers to the military to handle civilians as opposed to the functions of the police or the prisons in relation to detainees under the prevalent law and that  military camps are not conducive for detention of civilians or the carrying out of interrogations or investigations. The petitioner further contended that since Sri Lanka has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading treatment or Punishment, there is no independent mechanism to ensure that the places of detention are free of torture. The petitioner further stated that these Emergency Regulations violate the protection of equality before the law guaranteed by Article 12(1) of the Constitution as well as provisions of the International Covenant on Civil and Political Rights. Leave was refused by Court in this matter.