
The criminal justice system of Sri Lanka is in decline. Across the country numerous reports document that illegal arrests and detention continues to happen indiscriminately. The Asian Human Rights Commission (AHRC) has issued several hundred urgent appeal cases over the past decade regarding illegal arrests and arbitrary detention in locations across the country. Most, if not all of the cases, demonstrate that state authorities have acted illegally when arresting and detaining civilians. Indeed, in most of the cases, the state agency did not supply the victim with a reason for the arrest. This is a serious violation of Sri Lanka's legal code and departs from both domestic and international standards regarding arrest and detention. Although the right to a fair trial is guaranteed as a fundamental human right within Sri Lanka's Constitution, state authorities, particularly the police, have shown little respect for these constitutional provisions.
Torture during arrest
In almost all of the cases reported to the AHRC, the arrestees were tortured at the time of the arrest. Obscene language and threats were often used. Many of the arrestees were subjected to degrading treatment in public, despite the fact that the arrestee had not shown any objection to the arrest, or made any attempt to harm the officers involved. These actions are in direct opposition to the procedures established by domestic and international law. Indeed, these legal codes expressly state that arrest can only be made in accordance with appropriate legal procedures.