Norma relacionada
Sri Lanka
Practice Relating to Rule 100. Fair Trial Guarantees
Sri Lanka’s Prevention of Terrorism (Temporary Provisions) Act (1979), as amended to 1988, states:
15. (1) Every person who commits an offence under this Act shall be triable without a preliminary inquiry, on an indictment before a Judge of the High Court sitting alone without a jury or before the High Court at Bar by three Judges without a jury, as may be decided by the Chief Justice. The provisions of sections 450 and 451 of the Code of Criminal Procedure Act, No. 15 of 1979, shall, mutatis mutandis, apply to the trial of offences under this Act by the High Court at Bar and to appeals from judgments, sentences and orders pronounced at any such trial held by the High Court at Bar. …
15A. (1) Where any person is on remand under the provisions of subsection (2) of section 15, or section 19 (a), notwithstanding any other provision of this Act or any other law, the Secretary to the Ministry of the Minister in charge of the subject of Defense may, if he is of [the] opinion that it is necessary or expedient … to do [so], in the interests of national security or public order, make Order, subject to such directions as may be given by the High Court to ensure a fair trial of such person, that such person be kept in the custody of any authority, in such place and subject to such conditions as may be determined by him having regard to such interests. 
Sri Lanka, Prevention of Terrorism (Temporary Provisions) Act, 1979, as amended to 1988, Sections 15(1) and 15A(1).
Sri Lanka’s Geneva Conventions Act (2006) reproduces the following provision from the 1949 Geneva Conventions I, II and IV:
In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. 
Sri Lanka, Geneva Conventions Act, 2006, Schedule I: Article 29, Schedule II: Article 50 and Schedule IV: Article 146; see also Schedule III: Article 129.
The grave breach of “wilfully depriving a protected person of the rights of fair and regular trial” is also included as an indictable offence. 
Sri Lanka, Geneva Conventions Act, 2006, Schedule IV: Article 147; see also Schedule III: Article 130.
In 2009, in its combined third and fourth periodic reports to the Committee against Torture, Sri Lanka stated in relation to persons alleged to have committed torture:
Article 7 [of the 1984 Convention against Torture] states that the standard of evidence required for the prosecution and conviction should be non discriminative and each person should be guaranteed of fair treatment at all stages of the proceedings. In Sri Lanka the standard of evidence required for the prosecution is governed by the Evidence Ordinance No. 14 of 1895 and the procedure to be followed in prosecution is laid out in the Code of Criminal Procedure No. 15 of 1979 of Sri Lanka. This legislation applied across the board for all persons, regardless of their nationality, race, religion or gender. This right to equality and equal protection before the law is guaranteed under article 12(1) of the Constitution. Further, the right to a fair trial is also guaranteed under article 13(3) of the Constitution. 
Sri Lanka, Combined third and fourth periodic reports to the Committee against Torture, 23 September 2010, UN Doc. CAT/C/LKA/3-4, submitted 17 August 2009, Annex, § 49.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
Every inquirer or officer in charge of a police station shall issue to every accused person or his attorney-at-law who applies for it a duly certified copy of the first information relating to the commission of the offence with which he is charged and of any statement made by the person against whom or in respect of whom the accused is alleged to have committed an offence. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 444(1).
The Code also states:
CHAPTER XV
OF THE INQUIRY INTO CASES WHICH APPEAR NOT TO BE TRIABLE SUMMARILY BY MAGISTRATE’S COURT BUT TRIABLE BY THE HIGH COURT
146. Accused to be Informed of charge
A Magistrate conducting a preliminary inquiry shall at the commencement of such inquiry read over to the accused the charge or charges in respect of which the inquiry is being held, but upon such reading over the accused shall not be required to make any reply thereto; if any such reply is made, it shall not be recorded by the Magistrate; nor shall any such reply be admissible in evidence against the accused.
150. Charges to be read to [the] accused after close [of the] prosecution case
After the examination of the witnesses called on behalf of the prosecution … the Magistrate shall read the charge to the accused and explain the nature thereof in ordinary language[.] 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 146 and 150.
The Code further states:
CHAPTER XVIII
TRIALS BY HIGH COURT
B – TRIAL BY JUDGE OF THE HIGH COURT WITHOUT A JURY
Commencement of Trial
196. Arraignment of accused
When the court is ready to commence the trial the accused shall appear or be brought before it and the indictment shall be read and explained to him …
C - TRIAL BY JURY
Commencement of Trial
204. Arraignment of accused
When the court is ready to commence the trial the accused shall appear or be brought before it and the indictment shall be read and explained to him. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 196 and 204.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
CHAPTER XVIII
TRIALS BY HIGH COURT
A – GENERAL
195. Upon the indictment being received in the High Court, the Judge of the High Court presiding at the sessions of the High Court holden in the judicial zone whereat the trial is to be held shall –
(g) where the accused on being asked by court so requests, assign an attorney-at-law for his defence. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 195.
The Code also states:
F - TRIALS IN THE HIGH COURT IN THE ABSENCE OF THE ACCUSED
241. Trial may be held in the absence of accused
(2) The commencement or continuance of a trial under this section, shall not be deemed or construed to affect or prejudice the right of such person to be defended by an attorney-at-law at such trial. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 241.
The Code further states:
CHAPTER XXI
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
260. Subject to the provisions of this Code and any written law every person accused before any criminal court may of right be defended by an attorney-at-law, and every aggrieved party shall have the right to be represented in court by an attorney-at-law. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 260.
The Code also states:
CHAPTER XXVIII
OF APPEALS
B - APPEALS FROM THE HIGH COURT TO THE COURT OF APPEAL AND APPLICATIONS FOR LEAVE TO APPEAL
GENERAL PROVISIONS
353. The Court of Appeal may at any time on the application of the appellant assign to an appellant in any criminal case, matter or proceeding any attorney-at-law if, in the opinion of the court, it appears desirable in the interests of justice that the appellant should have legal aid, and that he has not sufficient means to enable him to obtain that aid. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 353.
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, Emergency Regulations, 2005, as amended to 5 August 2008, Section 62(5).
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. 
Sri Lanka, Geneva Conventions Act, 2006, Section 8.
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
A trial before the High Court under these regulations, including a High Court at Bar, shall be held as speedily as possible and in the manner provided under any other written law for other trials before the High Courts, or the High Court at Bar, as the case may be, without a jury. 
Sri Lanka, Emergency Regulations, 2005, as amended to 5 August 2008, Section 62(6).
Sri Lanka’s Prevention of Terrorism (Temporary Provisions) Act (1979), as amended to 1988, states:
18. (1) Notwithstanding anything to the contrary in any other law[:]
(a) a statement recorded by a Magistrate, or made at an identification parade by a person who is dead or who cannot be found, shall be admissible in evidence notwithstanding that such person is not present or cannot or has not been cross[-]examined; and
(b) any document found in the custody, control or possession of a person accused of any offence under this Act or of an agent or representative of such person may be produced in court as evidence against such person without the maker of such document being called as a witness and the contents of such document shall be evidence of the facts stated therein. 
Sri Lanka, Prevention of Terrorism (Temporary Provisions) Act, 1979, as amended to 1988, Sections 18(1).
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
CHAPTER XV
OF THE INQUIRY INTO CASES WHICH APPEAR NOT TO BE TRIABLE SUMMARILY BY MAGISTRATE’S COURT BUT TRIAIBLE BY THE HIGH COURT
150. Charges to be read to accused after close [of the] prosecution case
After the examination of the witnesses called on behalf of the prosecution … the Magistrate shall read the charge to the accused and explain the nature thereof in ordinary language and inform him that he has the right to call witnesses and, if he so desires, to give evidence on his own behalf.
152. Evidence for the defence
(1) … [T]he Magistrate shall ask the accused whether he desires to give evidence on his own behalf and whether he desires to call witnesses.
(3) If the accused in answer to the question states that he desires to give[] evidence on his own behalf and to call witnesses, or to call witnesses only, the Magistrate shall proceed to take either forthwith, or, if a speech is to be made by an attorney-at-law on behalf of the accused, after the conclusion of the speech, the evidence of the accused, if he desires to give evidence himself, and of any witness called by him who knows anything relating to the facts and circumstances of the case or anything tending to prove the innocence of the accused.
(4) If the accused states that he has witnesses to call, but that they are not present in court, and the Magistrate is satisfied that the absence of such witnesses is not due to any fault or neglect of the accused, and that there is a likelihood that they could, if present, give material evidence on behalf of the accused, the Magistrate may adjourn the inquiry and issue process or take other steps to compel the attendance of such witnesses.
(5) Evidence given by the accused or any such witness as aforesaid shall be taken down in writing and the provisions of section 148 [on depositions] shall apply in the case of witnesses for the defence as they apply in the case of witnesses for the prosecution, except that the Magistrate shall not bind over to attend the trial any witness who is a witness merely to the character of the accused.
155. Accused’s witnesses
(1) The Magistrate shall at the time of committing the accused for trial require the accused to state orally there and then the names of persons (if any) whom he wishes to be required to give evidence at his trial, distinguishing between those whom he proposes to call to speak to facts and those who are merely to speak to character.
(2) The Magistrate shall prepare a list of such of the witnesses named by the accused under subsection (1) as have not already given evidence before him and shall direct the Fiscal to issue a notice on each such witness requiring him to appear before the court of trial on the date specified in the notice:
Provided, however, that the Magistrate may exclude from such list the name of any witness if he is of opinion that the evidence of such witness is not material. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 150, 152 (1) and (3)– (5), and 155 (1)–(2).
The Code also states:
CHAPTER XVI
OF THE CHARGE
171. Recall of witnesses when altered
Whenever an indictment or charge is altered by the court after the commencement of the trial the prosecutor and the accused shall be allowed to recall or re-summon and examine with reference to such alteration any witnesses who may have been examined. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 171.
The Code further states:
CHAPTER XVII
THE TRIAL OF CASES WHERE A MAGISTRATE’S COURT HAS POWER TO TRY SUMMARILY
184. Procedure on trial
(2) The accused shall be permitted to cross-examine all witnesses called for the prosecution and[] called or recalled by the Magistrate.
192. Trial may proceed in the absence of [the] accused
(1) Where the accused –
(a) is absconding or has left the Island; …
the Magistrate may, if satisfied of these facts, commence and proceed with the trial in the absence of the accused.
(2) Where in the course of or within a reasonable time of the conclusion of the trial of an accused person under paragraph (a) of subsection (1) the accused person appears in court and satisfies the court that his absence from the whole or part of the trial was bona fide, then –
(a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before court shall be read to him and an opportunity []afforded to him to cross-examine the witnesses who gave such evidence; …
(3) The provisions of subsection (2) shall not apply if the accused person had been defended by an attorney-at-law at the trial during his absence.
CHAPTER XVIII
TRIALS BY HIGH COURT
B – TRIAL BY JUDGE OF THE HIGH COURT WITHOUT A JURY
199. Counsel to open his case and call witnesses
(4) It shall be lawful for the court to call any witnesses not called by the prosecution if the interests of justice so require but such witnesses should be tendered for cross-[]examination by the prosecuting counsel and by the accused.
(5) The accused shall be permitted to cross-examine all witnesses called for the []prosecution.
201. Accused may make his defence
(1) If the accused or his pleader announces his intention to adduce evidence, the accused or his pleader may enter upon his defence and may examine his witnesses (if any) and the accused person or his pleader may then sum up his case.
(2) The prosecuting counsel will be entitled to cross-examine a[l]l the witnesses called by the defence to testify on oath or affirmation.
C – TRIAL BY JURY
Trial to Close Case for Prosecution and Defence
221. Defence
(1) The accused or his pleader may … open his case stating the facts or law on which he intends to rely and making such comments as he thinks necessary on the evidence for the prosecution. He may then call his witnesses …
(2) The prosecuting counsel will be entitled to cross-examine all the witnesses called by the defence to testify on oath or affirmation.
222. Right of accused as to examination and summoning of witnesses
The accused shall be allowed to examine any witness not previously named by him if such witness is in attendance[.]
F – TRIALS IN THE HIGH COURT IN THE ABSENCE OF THE ACCUSED
241. Trial may be held in the absence of accused
(1) Anything to the contrary in this Code notwithstanding the trial of any person on indictment with or without a jury may commence and proceed or continue in his absence if the court is satisfied –
(a) that the indictment has been served on such person and that –
(i) he is absconding or has left the Island; …
(3) Where in the course of or after the conclusion of the trial of an accused person under sub-paragraph (i) of paragraph (a) of subsection (1) or under paragraph (A) of that subsection he appears before [the] court and satisfies the court that his absence from the whole or part of the trial was bona fide then –
(a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before [the] court shall be read to him and an opportunity afforded to him to cross-examine the witnesses who gave such evidence; …
(4) The provisions of subsection (3) shall not apply if the accused person had been defended by an attorney-at-law at the trial during his absence. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 184(2), 192, 199(4)–(5), 201, 221–222, 241(1) and (3)–(4).
Sri Lanka’s Code of Criminal Procedure (Special Provisions) Act (2007) states:
6. (1) [Notwithstanding] anything contained in Chapter XV of the Code of Criminal Procedure Act, No. 15 of 1979 [concerning cases which appear not to be triable summarily by the Magistrates’ Court but triable by the High Court], in the course of holding of an inquiry under the aforesaid Chapter, the following provisions shall apply to the taking of statements of persons who know the facts and circumstances of the case.
(3) …
(b) The Magistrate shall not permit any cross[-]examination of the witness by the accused or his pleader, but the Magistrate may put to the witness, any clarification required by the accused or his pleader of any matter arising from the statement made by the wit[ne]ss in the course of the investigation, or any additions or alterations to his original statement if any, and may put to the witness any clarification which the Magistrate himself may require of any such matter. Every clarification so made shall be recorded:
Provided that having considered the nature of the material contained in the statement of a witness made to the police, the prosecution may tender the witness for cross examination by the accused or his pleader. …
(8) … [T]the Magistrate may, for reasons to be recorded and in the case of an expert witness, with the prior sanction of the Attorney-General, summon an expert witness or police officer to be present in Court for examination.
(9) Where an expert witness or a police officer appears in court in response to [a] summons issued on him under subsection (8), the Magistrate shall not permit any cross[-]examination of such expert witness or police officer by the accused or his pleader but may put to such expert witness or police officer, any clarifications that the accused or his pleader may require, of any matter arising from the report of the expert witness or the affidavit of the police officer, as the case may be, or from the examination of such expert witness or police officer, as the case may be, and the Magistrate may himself put to the witness any clarification that he may require of any such matter. Every clarification so made shall be recorded. 
Sri Lanka, Code of Criminal Procedure (Special Provisions) Act, 2007, Article 6(1), (3)(b), (8) and (9).
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
275. Interpretation of evidence to accused
(1) Whenever any evidence is given in a language not understood by the accused and he is present in person and not represented by an attorney-at law it shall be interpreted to him in open court in a language understood by him.
277. How statement or examination of accused shall be recorded
(1) Whenever in the course of an inquiry under Chapter XV [of the inquiry into cases which appear not to be triable summarily by Magistrate’s Court but triable by the High Court], an accused makes a statement to a Magistrate the whole of such statement shall be recorded in full and such record shall be shown or read to him or if he does not understand the language in which it is written shall be interpreted to him in a language he understands and he shall be at liberty to explain or add to his statement. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 275(1) and 277(1).
The Code further states:
A court proposing to make an order suspending a sentence of imprisonment shall, before making such order –
(a) explain, or cause to be explained, to the offender in a language readily understood by the offender []–
(i) the purpose and effect of the proposed order; and
(ii) the consequences that may follow if the offender commits another offence punishable with imprisonment during the operational period. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 304(a).
The Code also states:
(1) At the conclusion of non summary proceedings … it shall be the duty of the Magistrate to inquire from the accused person whether he agrees to make any admission of the facts … and if the accused person through his attorney-at-law, agrees to make any such admission, the Magistrate shall pre[]pare a memorandum of the matters agreed and such memorandum shall be read over and explained to the accused in a language he understands. …
(3) The provisions of this section shall not apply unless the accused was represented by an attorney-at-law at the time the admissions were made. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 419(1) and (3).
Sri Lanka’s Prevention of Terrorism (Surrendees Care and Rehabilitation) Regulations (2011) states:
10. …
(3) Where a person under eighteen years of age-
(a) who … has been forcibly recruited as a combatant in an armed conflict … or
(b) who has committed or is suspected of having committed an offence during any period in which he … was forcibly recruited as a combatant in an armed conflict … or
(c) who through fear of threats or reprisals by any party to the said armed conflict, or who through fear of … being forcibly recruited as a combatant in an armed conflict …
surrenders to, or is arrested by, any police officer or any member of the armed forces or surrenders to any public officer or any other person or body of persons authorized by the President in that behalf, such police officer or member of the armed forces or public officer or other person or body of person authorized by the President, shall record the statement of such child surrendee and the circumstances in which such child surrendee surrendered or was arrested.
13. (1) Where the child surrendee has surrendered to or has been arrested by, the police, or has been produced at the police station by any member of the armed forces or by any pub[]l[i]c officer or any person or body of persons authorized by the President, the officer in charge of such police station … shall within twenty four hours of such surrender produce such child surrendee before the relevant Magistrate.
(2) The Magistrate before whom such child surrendee is produced shall –
(a) interview such child surrendee in camera either in court or at such Magistrate’s residence, in co[n]sultation with such Probation Officer, assisted where necessary by the police, the Child Rights Promotion Officer or the Co-ordinator of the National Child Protection Authority and, where possible, the parents of the child surrendee.
Provided that the Magistrate shall take all necessary measures to ensure that the mother tongue of the child surrendee is used for the conduct of such interview, or where it is not possible to do so, that an instantaneous translation of such interview is provided. 
Sri Lanka, Prevention of Terrorism (Surrendees Care and Rehabilitation) Regulations, 2011, Articles 10(3) and 13.
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
Whenever any prisoner is required to appear before any court, to give evidence, or for any other purpose, it shall be lawful for such court in its discretion, if it considers the presence of such prisoner necessary for the ends of justice, by an order in writing to direct the Superintendent of the prison, where such prisoner shall be imprisoned, to produce such prisoner before such court, and such Superintendent shall in the absence of good and sufficient cause to the contrary, cause such prisoner to be produced in compliance with such order. 
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Article 96.
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
CHAPTER XVII
THE TRIAL OF CASES WHERE A MAGISTRATE’S COURT HAS POWER TO TRY SUMMARILY
192. Trial may proceed in the absence of accused
(1) Where the accused –
(a) is absconding or has left the Island; or
(b) is unable to attend or remain in court by reason of illness and either had consented to the commencement or continuance of the trial in his absence or such trial may commence and proceed or continue in his absence without prejudice to him; or
(c) by reason of his conduct in court is obstructing or impeding the progress of the trial,
the Magistrate may, if satisfied of these facts, commence and proceed with the trial in the absence of the accused.
(2) Where in the course of or within a reasonable time of the conclusion of the trial of an accused person under paragraph (a) of subsection (1) the accused person appears in court and satisfies the court that his absence from the whole or part of the trial was bona fide, then –
(a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before [the] court shall be read to him and an opportunity []afforded to him to cross-examine the witnesses who gave such evidence; and
(b) where the trial has been concluded, the court shall set aside the conviction and sentence, if any, and order that the accused be tried de novo.
The Code also states:
CHAPTER XVIII
TRIALS BY HIGH COURT
F – TRIALS IN THE HIGH COURT IN THE ABSENCE OF THE ACCUSED
241. Trial may be held in the absence of accused
(1) Anything to the contrary in this Code notwithstanding the trial of any person on indictment with or without a jury may commence and proceed or continue in his absence if the court is satisfied –
(a) that the indictment has been served on such person and that –
(i) he is absconding or has left the Island; or
(ii) he is unable to attend or remain in court by reason of illness and has consented to the commencement or continuance of the trial in his absence; or
(iii) he is unable to attend or remain in court by reason of illness and in the opinion of the Judge prejudice will not be caused to him by the commencement or continuance of the trial in his absence; or
(iv) by reason of his conduct in court, he is obstructing or impeding the progress of the trial; or
(b) that such person is absconding or has left the Island and it has not been possible to serve indictment on him.
(3) Where in the course of or after the conclusion of the trial of an accused person under sub-paragraph (i) of paragraph (a) of subsection (1) or under paragraph (A) of that subsection he appears before [the] court and satisfies the court that his absence from the whole or part of the trial was bona fide then –
(a) where the trial has not been concluded, the evidence led against the accused up to the time of his appearance before [the] court shall be read to him and an opportunity afforded to him to cross-examine the witnesses who gave such evidence; and
(b) where the trial has been concluded, the court shall set aside the conviction and sentence, if any, and order that the accused be tried …
(4) The provisions of subsection (3) shall not apply if the accused person had been defended by an attorney-at-law at the trial during his absence. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 241(1) and (3)–(4).
The Code further states:
CHAPTER XXII
OF THE MODE OF TAKING AND RECORDING EVIDENCE IN INQUIRIES AND TRIALS
272. Evidence to be taken in presence of accused
Except as otherwise expressly provided all evidence taken at inquiries or trials under this Code shall be[] taken in the presence of the accused or when his personal attendance is dispensed with in the presence of his pleader. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 272.
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
62. (1) Notwithstanding any emergency regulation or other written law the [trial], including a trial at bar, for any offence under the emergency regulations, may be held upon indictment by the Attorney-General and thereupon the person charged shall be tried without a preliminary inquiry before the High Court [or] High Court at bar, as the case may [be], without a jury:
(4) The trial of any person before the High Court under this regulation may commence or continue in the absence of such person if the Court is satisfied that he is [evading] arrest or absconding or feigning illness. 
Sri Lanka, Emergency Regulations, 2005, as amended to 5 August 2008, Sections 62(1) and (4).
Sri Lanka’s Code of Criminal Procedure (Special Provisions) Act (2007) states:
(11) (a) Where the accused—
(i) is absconding or has left the island; or
(ii) is unable to attend or remain in court by reason of illness and has consented either to the commencement or continuance of the inquiry in his absence, such inquiry may commence or continue without any prejudice to him; or
(iii) by reason of his conduct in court is obstructing or impeding the progress of the inquiry, the Magistrate may, if satisfied of these facts, commence and proceed or continue with the inquiry in the absence of the accused.
(b) An attorney-at-Law may appear for such absent accused.
(c) The inquiry shall proceed as far as is practicable in accordance with the provisions of this Act except that the provisions of section 416 of the Code of Criminal Procedure Act, No. 15 of 1979 [regarding the Court’s power where an accused has absconded to examine and record depositions of prosecution witnesses to be used in a trial upon arrest of the accused] shall not apply to the depositions recorded where there is a trial on indictment in the High Court, whether the accused is present in the High Court or not. 
Sri Lanka, Code of Criminal Procedure (Special Provisions) Act, 2007, Article 6(11).
Sri Lanka’s Code of Criminal Procedure (Special Provisions) Act (2013) states:
(a) Where the accused –
(i) is absconding or has left the island; or
(ii) is unable to attend or remain in court by reason of illness and has consented either to the commencement or continuance of the inquiry in his absence, such inquiry may commence or continue without any prejudice to him; or
(iii) by reason of his conduct in court is obstructing or impeding the progress of the inquiry,
the Magistrate may, if satisfied of these facts, commence and proceed or continue with the inquiry in the absence of the accused.
(b) An attorney-at-Law may appear for such absent accused.
(c) The inquiry shall proceed as far as is practicable in accordance with the provisions of this Act except that the provisions of section 416 of the Code of Criminal Procedure Act, No. 15 of 1979 [regarding the Court’s power where an accused has absconded to examine and record depositions of prosecution witnesses to be used in a trial upon arrest of the accused] shall not apply to the depositions recorded where there is a trial on indictment in the High Court, whether the accused is present in the High Court or not. 
Sri Lanka, Code of Criminal Procedure (Special Provisions) Act, 2013, Section 6(11).
Sri Lanka’s Convention against Torture Act (1994) states:
A confession otherwise inadmissible in any criminal proceedings shall be admissible in any proceedings instituted under this Act, for the purpose only of proving the fact that such confession was made. 
Sri Lanka, Convention against Torture Act, 1994, Section 5.
Sri Lanka’s Prevention of Terrorism (Temporary Provisions) Act (1979), as amended to 1988, states:
16. (1) Notwithstanding the provisions of any other law, where any person is charged with any offence under this Act, any statement made by such person at any time, whether[:]
(a) it amounts to a confession or not;
(b) made orally or reduced to writing;
(c) such person was or was not in custody or presence of a police officer;
(d) made in the course of an investigation or not;
(e) it was or was not wholly or partly in answer to any question, may be proved as against such person if such statement is not irrelevant under section 24 of the Evidence Ordinance:
Provided, however, that no such statement shall be proved as against such person if such statement was made to a police officer below the rank of an Assistant Superintendent.
(2) The burden of proving that any statement referred to in subsection (1) is irrelevant under section 24 of the Evidence Ordinance [which provides that confession evidence in criminal proceedings is inadmissible if it appears by the court to have been the result of an inducement, threat, or promise, with reference to the charge against the accused person, from a person in authority] shall be on the person asserting it to be irrelevant.
(3) Any statement admissible under subsection (1) may be proved as against any other person charged jointly with the person making the statement, if, and only if, such statement is corroborated in material particulars by evidence other than the statements referred to in subsection (1).
17. Notwithstanding anything to the contrary in any other law, the provisions of sections 25 [inadmissibility of confessions made to the police], 26 [inadmissibility of confession made in police custody unless made in the immediate presence of a magistrate] and 30 [inadmissibility of a confession of one of several joint accused against the other accused] of the Evidence Ordinance shall have no application in any proceedings under this Act. 
Sri Lanka, Prevention of Terrorism (Temporary Provisions) Act, 1979, as amended to 1988, Sections 16 and 17.
Sri Lanka’s Emergency Regulations (2005), as amended to 2008, states:
63. (1) At the trial of any person for an offence under any emergency regulation a statement made [by] such person whether or not it amounts to a confession and whether or not such person was in the custody of a police officer at the time the statement was made and whether or not such statement was made in the immediate presence of a Magistrate may be proved as against such person, if but only if, such statement is not irrelevant under Section 24 of [the] Evidence Ordinance [which provides that confession evidence in criminal proceedings is inadmissible if it appears by the court to have been the result of an inducement, threat, or promise, with reference to the charge against the accused person, from a person in authority].
Provided, however, that no such statement shall be proved against such person if such statement was made to a police officer below the rank of Assistant Superintendent of Police.
(2) In the case of an offence under any emergency regulation a statement made by any person which may be proved under paragraph (1) as against himself may be proved as against any other person jointly charged with such offence, if but only if, such statement is corroborated in material particulars by evidence other than a statement made under regulation 50 of these regulations.
(3) The burden of proving that any statement referred to in paragraph (1) or (2) is irrelevant under section 24 of the Evidence Ordinance shall be on the person asserting it to be irrelevant.
(4) The provisions of sections 25 [inadmissibility of confessions made to the police], 26 [inadmissibility of confession made in police custody unless made in the immediate presence of a magistrate] and 30 [inadmissibility of a confession of one of several joint accused against the other accused] of the Evidence Ordinance shall not apply in the case of any offence under any emergency regulation.
(5) A statement made by any person may be proved under [paragraph] (1) or paragraph (2) notwithstanding the provisions of sub-section (3) of section 110 of the Code of Criminal Procedure Act, No. 15 of 1979 [which provides that statements made to police officers are admissible (to prove that the person made a different statement at another time) but cannot be used to corroborate the accused’s testimony]. 
Sri Lanka, Emergency Regulations, 2005, as amended to 5 August 2008, Section 63.
In 2010, in its judgment in the Sivalingam case, the Supreme Court of Sri Lanka stated:
With respect to the confession made to the CID [Criminal Investigations Department], the Petitioner contends that following two weeks of torture and interrogation the CID compelled him to sign a statement … [T]he issue arises as to whether it was a voluntary confession …
Notes maintained by the CID dated 30.11.2006 … [indicate that the petitioner was] produced immediately before and after the recording of his confession before a Judicial Medical Officer who recorded no complaint, or observed any injuries. On this date, Assistant Superintendent Wimal Samarasekera, upon examining the Petitioner noted contemporaneously, that the Petitioner had no visible injuries and that all relevant warnings had been issued to the Petitioner in terms of the law. 
Sri Lanka, Supreme Court, Sivalingam case, Judgment, 10 November 2010, pp. 10–11.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states: “The Judgment in every trial under this Code shall be pronounced in open court.” 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 279.
Sri Lanka’s Geneva Conventions Act (2006) states:
The High Court may, where it is satisfied that the presence of the public or any other person specified by Court, as the case may be, would be contrary to the interests of justice or would not be in the public interest, order the exclusion from any sitting of the Court, the public or any person specified by the Court. 
Sri Lanka, Geneva Conventions Act, 2006, Section 4(4).
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
317. Appeals not to lie in certain cases
(1) An appeal shall not lie from a conviction –
(a) Repealed
(b) where an accused has under section 183 made an unqualified admission of his guilt and been convicted by a Magistrate’s Court.
(2) An appeal upon a matter of law shall lie in all cases.
320. Right of appeal
(1) Subject to the provisions of sections 317 … any person who shall be dissatisfied with any judgment or final order pronounced by any Magistrate’s Court in a criminal case or matter to which he is a party may prefer an appeal to the Court of Appeal against such judgment for any error in law, or in fact –
(a) by lodging within fourteen days from the time of such judgment or order being passed or made, with such Magistrate's Court a petition of appeal addressed to the Court of Appeal, or
(b) by stating within the time aforesaid to the Registrar of such court or to the jailer of the prison in which he is for the time being confined his desire to appeal and the grounds therefor, providing at the same time a stamp of the value of five rupees, and it shall thereupon be the duty of such Registrar or jailer as the case may be, to prepare a petition of appeal and lodge it with the court by which such judgment or order was pronounced. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Sections 317 and 320(1).
Sri Lanka’s Geneva Conventions Act (2006) states:
(1) Where a protected prisoner of war or a protected internee has been sentenced to imprisonment for a period exceeding two years, the time within which notice of appeal must be given shall, notwithstanding anything in any other law, be deemed to commence on the day on which he receives notice given, —
(a) in the case of a prisoner of war of a Commonwealth country, by an officer of the armed forces of his country; and
(b) in the case of an internee, by or on behalf of the Superintendent of the Prison in which he is confined, to the effect that the protecting power has been notified of his conviction and sentence and for such further time as would have been the time allowed if the conviction or sentence had taken place or been pronounced on that day.
(2) Where after an appeal against the conviction or sentence by a Court of a protected prisoner of war or a protected internee has been determined, the sentence remains unchanged or has become a sentence of imprisonment for a term exceeding two years, any time allowed in relation to a further appeal in respect of the conviction or sentence as confirmed or varied upon the previous appeal shall be deemed to continue to run until the day on which the convicted person receives a notice given by a person referred to in subsection (1), as the case may require, that the protecting power has been notified of the decision of the Court upon the previous appeal, and for such further time as would have been within the time allowed if that decision had been pronounced on that day.
(3) Upon the application of the provisions of subsection (1) in relation to a convicted person, then, unless the Court otherwise orders, the order of Court relating to the restitution of property or the payment of compensation to an aggrieved person shall not take effect, and any provision of law relating to the re-vesting of property on conviction shall not take effect in relation to the conviction, while an appeal by the convicted person against his conviction or sentence is possible without the extension of time other than the extension provided by subsection (2).
(4) The provisions of subsections (1), (2) and (3) shall not apply in relation to an appeal against a conviction or sentence, or against the decision of a Court upon a previous appeal, if at the time of the conviction or sentence or of the decision of the court upon the previous appeal, as the case may be, there is no protecting power. 
Sri Lanka, Geneva Conventions Act, 2006, Section 9.
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
PART X
OFFENCES IN RELATION TO PRISONS
87. (1) Any jailer or subordinate prison officer charged with ill-treating a prisoner, … may be dealt with in accordance with the regulations for the time being in force relating to the dismissal or other punishment of public officers,
(2) Every jailer or subordinate prison officer, who ill-treats a prisoner[,] … shall be guilty of an offence and may, where he is not in the discretion of the Commissioner-General [dealt] with under subsection (1), be prosecuted in the Magistrate’s Court …
(3) No person shall be punished both under subsection (1) and under subsection (2) for the same offence. 
Sri Lanka, Prisons Ordinance, 1878, as amended to 2005, Articles 87.
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.
Sri Lanka’s Code of Criminal Procedure (1979), taking into account amendments up to 2006, states:
(1) A person who has once been tried by a court of competent Jurisdiction for an offence and convicted or acquitted of such offence shall while such conviction or acquittal remain in force not be liable to be tried again for the same offence nor on the same facts for any other offence for which a different charge from the one made against him might have been made under section 176 [cases of doubt as to what offence has been committed] or for which he might have been convicted under section 177 [cases when a person charged with one offence may be convicted of different offence].
(2) A person acquitted or[]convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under subsection (1) of section 175.
(3) A person convicted of any offence constituted by any act causing consequences which together with such act constituted a different offence from that of which he was convicted may be afterwards tried for such last-mentioned offence, if the consequences had not happened or were not known to the court to have happened at the time when he was convicted.
(4) A person acquitted or convicted of any offence constituted by any acts may notwithstanding []such acquittal or conviction be subsequently charged with and tried for any other offence constituted by the same acts which he may have committed, if the court by which he was first tried was not competent to try the offence with which he is subsequently charged. 
Sri Lanka, Code of Criminal Procedure, 1979, taking into account amendments up to 2006, Section 314.