Volume II

CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT
OR PUNISHMENT ACT

Arrangement of Sections

1. Short title.

2. Torture to be an offence.

3. Acts done during state of war. or on order of Superior Officer not to be a defence to an offence under this Act.

4. Jurisdiction of the High Court to try offences under this Act committed outside Sri Lanka.

5. Evidence.

6. Rights of certain persons arrested under this Act.

7. Duty of Minister to inform other States having jurisdiction over an offence.

8. Amendment to Extradition Law, No. 8 of 1977.

9. Provision regarding extradition arrangement.

10. Duty of Government to afford assistance to other States.

11. Sinhala text to prevail in case of inconsistency.

12. Interpretation.

SCHEDULE

22 of 1994,

15 of 2021.

AN ACT to give effect to the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment; and for matters connected therewith of incidental thereto.

[Date of Commencement: 20th December, 1994]

1. Short title.

This Act may be cited as the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act.

2. Torture to be an offence.

(1) Any person who tortures any other person shall be guilty of an offence under this Act.

(2) Any person who—

(a) attempts to commit;

(b) aids and abets in committing;

(c) conspires to commit,

an offence under subsection (1), shall be guilty of an offence under this Act

(3) The subjection of any person on the order of a competent court to any form of punishment recognised by written law shall be deemed not to constitute an offence under subsection (1).

(4) A person guilty of an offence under this Act shall on conviction alter trial by the High Court be punishable with imprisonment of either description for a term not less than seven years and not exceeding ten years and a fine not less than fifty thousand rupees and not exceeding two hundred thousand rupees.

[S 2(4) am by s 2 of Act 15 of 2021.]

(5) An offence under this Act shall be a cognisable offence and a non-bailable offence, within the meaning, and for the purposes, of the Code of Criminal Procedure Act.

3. Acts done during state of war or on order of Superior Officer not to be a defence to an offence under this Act.

For the avoidance of doubts it is hereby declared that the fact that any act constituting an offence under this Act was committed—

(a) at a time when there was a state of war, threat of war, internal political instability or any public emergency;

(b) on an order of a superior officer or a public authority,

shall not be a defence to such offence.

4. Jurisdiction of the High Court to try offences under this Act committed outside Sri Lanka.

(1) The High Court of Sri Lanka shall have the jurisdiction to hear and try an offence under this Act committed in any place outside the territory of Sri Lanka by any person, in any case where—

(a) the offender whether he is a citizen of Sri Lanka or not, is in Sri Lanka, or on board a ship or aircraft registered in Sri Lanka;