Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
Any person [indicted] before the High Court under these regulations may at any time which shall not extend to more than thirty days before the commencement of such trial, by application in writing to the High Court, request that he be furnished with copies of the statements made by witnesses whom the prosecution intends to call and of the documents to be relied on at the trial, and the Court may direct that copies of all such statements or documents, or of only such statements or documents as the Court in its discretion thinks fit, shall be given to such person.
Sri Lanka’s Geneva Conventions Act (2006) states:
(1) The High Court before which —
(a) any person is brought for trial for an offence under section 2 of this Act; or
(b) a protected prisoner of war is brought up for trial for any offence, shall not proceed with the trial unless —
(i) the accused is represented by Counsel;
(ii) it is proved to the satisfaction of the Court that a period of twenty-one days has elapsed since instructions for the representation of the accused at the trial were first given to the Counsel, and if the Court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything to the contrary in any other written law, the Court may authorize the detention of the accused in such custody as it may think fit for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of a Counsel accepted by the accused as representing him, Counsel instructed for the purpose on behalf of the protecting power, shall, without prejudice to the requirements of paragraph (ii) of subsection (1) be regarded for the purposes of that subsection as representing the accused.
(3) If the Court adjourns the trial in pursuance of the provisions of subsection (1) on the ground that the accused is not represented by Counsel, the Court shall direct that a Counsel be assigned to watch over the interests of the accused at future proceedings in connection with the offence. In future proceedings, in the absence of Counsel either accepted by the accused as representing him, or instructed as specified in subsection (2), Counsel assigned in terms of the provisions of this subsection shall without prejudice to the requirements of the provisions of paragraph (ii) of subsection (1), be regarded for the purposes of such subsection as representing the accused.
(4) The manner of assigning a Counsel in pursuance of the provisions of subsection (3) and the fees to be paid to such a Counsel shall be as prescribed.