2. Insertion of new section 43B in Act…

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

The following new section is hereby inserted immediately after section 43A of the Code of Criminal

Procedure Act, No. 15 of 1979 and shall have effect as section 43B of that Act:—

43B. (1) It shall be the duty of every

Magistrate to visit every police station situated within the judicial division in respect of which he is appointed, at least once in every month to ensure that the suspects under the police custody at such police stations are protected to the extent provided for in the Convention Against Torture and other Cruel, Inhuman or Degrading

Treatment or Punishment Act, No. 22 of 1994.

(2)

For the purpose of subsection (1), the

Magistrate who visits the police station, shall-

(a)

personally see the suspect, and look into his well-being, welfare and conditions under which he is kept at such police station; and

(b)

record his observations and any complaint the suspect may make.

(3)

Where the Magistrate is of the opinion, that the suspect may have been subjected to

“Duty of

Magistrates to visit police stations torture, the Magistrate may direct that the suspect be produced before a judicial medical officer or a government medical officer for medical examination, and a report be submitted by such medical officer to the Magistrate.

(4)

Where the report of such medical officer reveals that the suspect has been subjected to torture, the Magistrate shall make an appropriate order, including directions to provide necessary medical treatment to the suspect and to change the place of custody of such suspect.

(5)

The Magistrate shall also direct the

Inspector General of Police to commence an investigation into the alleged torture in order to enable the Attorney-General to institute criminal proceedings against the person who is alleged to have committed the torture.”.

Read on from s 3