3. Insertion of sections 9A and 9B in the principal enactment

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

The following new sections are hereby inserted immediately after section 9 of the principal enactment and shall have effect as sections 9A and 9B of that enactment: -

9A. (1) The officer in charge of the place of detention shall, forthwith and in any case, not later than forty-eight hours from the time of issuance of an Order under section 9, make available a certified copy of such Order to the

Magistrate within whose judicial division the place of detention of the person in respect of whom such Order relates is situated, for the

Magistrate to visit such place of detention, in terms of section 9B.

(2)

The detention of any person under section 9 shall be communicated to the Human

Rights Commission of Sri Lanka in terms of section 28 of the Human Rights Commission of Sri Lanka Act, No. 21 of 1996, for the persons authorized by the Human Rights Commission of Sri Lanka to visit the place of detention in terms of that Act.

“Certified copy of the detention

Order to be served on the

Magistrate

9B. (1) It shall be the duty of every

Magistrate who has received a certified copy of a detention Order in terms of subsection (1)

of section 9A, to visit the place of detention of the person to whom the Order relates (in this section referred to as the “suspect”) at least once in every month during the period of detention, to ensure that the suspect is protected to the extent provided for in the Convention

Against Torture and other Cruel, Inhumane or degrading Treatment or Punishment Act, No.22

of 1994.

(2)

For the purpose of subsection (1), the

Magistrate who visits any place of detention, shall–

(a)

personally see the suspect, and look into his wellbeing, welfare and conditions under which he is kept at such place of detention; 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 torture, the Magistrate may –

(a)

direct that the suspect be produced before a Judicial Medical Officer for medical examination, and a report be submitted to him by such Judicial

Medical Officer; and

(b)

make an order to change the place of detention of the suspect.

Duty of the

Magistrate to visit place of detention

Prevention of Terrorism (Temporary Provisions)

(4)

Where the report of such Judicial

Medical Officer reveals that the suspect has been subjected to torture, the Magistrate shall make an appropriate order, to provide necessary medical treatment to the 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.”.

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