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16. Rights of relatives, representatives and attorneys-at-law

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

(1)

Any relative of a person deprived of liberty, the representative of a person deprived of liberty or an attorney-at-law of a person deprived of liberty shall have the right to access the following information:-

(a)

the person or authority that ordered the deprivation of liberty;

(b)

the date, time and place where the person was deprived of liberty and admitted to the place of deprivation of liberty;

(c)

the authority responsible for supervising the deprivation of liberty;

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International Convention for the Protection of

All Persons from Enforced Disappearance

Act, No. 5 of 2018

(d)

the whereabouts of the person deprived of liberty, including, in the event of a transfer to another place of deprivation of liberty, the destination and the authority responsible for the transfer;

(e)

the date, time and place of release;

(f)

information relating to the state of health of the person deprived of liberty; and

(g)

in the event of death during the deprivation of liberty, the circumstances and cause of death and the destination of the remains.

(2)

Any person referred to in subsection (1) of this section, as well as persons participating in the investigation, shall be protected from any ill-treatment, intimidation or sanction as a result of the search for information concerning a person deprived of liberty.

(3)

Without prejudice to consideration of the lawfulness of the deprivation of a person’s liberty, any person referred to in subsection (1) shall have the right to a prompt and effective judicial remedy as a means of obtaining without delay the information referred to in subsection (1) of this section, and such right to a remedy shall not be suspended or restricted in any circumstances.