Today, instead of its originated expectations, NHRC has become a tiger with no teeth. It has deteriorated to its lowest level after the introduction of 18th amendment to the 1978 constitution. Earlier it’s independency was ensured and protected to some extent by the 17th amendment to the same constitution, which was introduced by the previous Government. However, after the 1978 constitution the executive is placed in higher position than the legislature and the judiciary. Although this is something ruined in the law of this country, state party should strengthen the NHRC and ensure its recommendations are fully implemented and respected by all parties concerned.
by Harshi C. Perera
(July 27, Colombo, Sri Lanka Guardian) On 04 August 2008, Upul Samantha Ranjith, a 33 years old trishaw driver was arrested by Maharagama police and was tortured at the police station. He is a father of two children; he complained about this police torture to the National Human Rights Commission on 12 August 2008, and the reference No. given to him by the NHRC is HRC/4195/08.
After inquiring the incident, the NHRC found that the fundamental rights of the complainant were violated by the Maharagama police. On 07 August 2009 Commission made its recommendation and according to it the first respondent, the OIC of Maharagama police was directed to pay a sum of Rs.2,500 and the 2nd respondent police sergeant Valpola to pay a sum of Rs 10,000/= to the complainant as compensation. The NHRC also forwarded a copy of its recommendation to the IGP.
However, until now, neither the IGP nor the police officers involved in the incident cared about the recommendation of the NHRC.
This is not an isolated case of police ignorance regarding NHRC's recommendation. There are several cases where police department had ignored to comply with the recommendations of the NHRC.
In Sri Lanka, NHRC was established in 1996, with great expectations, to play a vital role in protecting and promoting human rights in the country. The state says that the jurisdiction of the commission is wider than the Supreme Court. The NHRC legally authorized to inspect and report on conditions prevailing in detention centers including police stations.
Today, instead of its originated expectations, NHRC has become a tiger with no teeth. It has deteriorated to its lowest level after the introduction of 18th amendment to the 1978 constitution. Earlier it’s independency was ensured and protected to some extent by the 17th amendment to the same constitution, which was introduced by the previous Government. However, after the 1978 constitution the executive is placed in higher position than the legislature and the judiciary. Although this is something ruined in the law of this country, state party should strengthen the NHRC and ensure its recommendations are fully implemented and respected by all parties concerned. It is also important to ensure that the NHRC visits and inspects all detention centers without prior notice.
Otherwise, this NHRC, a tiger with no teeth, will only be an institute to help authorities who boasts to international communities that we have an institute for the protection and promotion of human rights.
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