No AG’s Instructions; Adults detained with Juveniles

| by Harshi C. Perera and M. L. A. M Ismail

( June 02, 2012, Colombo, Sri Lanka Guardian) The case, bearing No. HC 161/11 was heard at Kurunegala High Court. The Attorney General of the Democratic Socialist Republic of Sri Lanka charged the accused as, ‘she committed a crime under Articles 364(4) and 364(3) of No 22 of 1995 Penal Code of Sri Lanka’.

When this crime took place, the victim of crime was aged only 16 years. Now she is 22 years old. In Court proceedings, on 05.10.2011, it was mentioned as follows. “By sending a letter, Matron of the Salvation Army requested the Court to issue summon to the mother of the victim for taking the custody of her because the victim now is an adult.”

This case was filled in January 2008 and it was heard for the last four years and five months. The case is placed for the Attorney General’s instructions. The case was been postponed by the Courts for one year and eight months because of the delay in submitting instruction by the Attorney General.

At the Salvation Army, this adult victim is being kept with other juveniles. It is an offence to keep adult detainees with juveniles. There is no need of custody for women who are over 18 years old. Detaining a 22 years old female because of non-availability of custodian is a grave violation of human rights.

There are many examples like this in Sri Lankan detention centers for keeping juveniles with adults. This happens due to Court delays, inefficiency of judiciary and the delays of the Attorney General’s Department. Hence, these causes the destruction of the quality of detention centers in Sri Lanka.