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.
