Practice Relating to Rule 100. Fair Trial Guarantees
Section N. Non bis in idem
Sri Lanka’s Prisons Ordinance (1878), as amended to 2005, states:
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.
This article applies to persons deprived of their liberty under Sri Lanka’s Emergency Regulations (2005) pursuant to section 19 of these regulations.