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Extradition Clause in Enforced Disappearances Bill is Identical to Section 7(2) of Torture Act Passed in 1994.

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By

Gehan Gunatilleke

There is a lot of misinformation about the extradition clause in the Enforced Disappearance Bill. I would just like to point out that this clause is identical to the clause that we already have in the Torture Act of 1994. It was passed during the CBK government when Prof. G.L. Peiris was the Justice Minister:

Section 8 of the International Convention for the Protection of All Persons from Enforced Disappearance Bill

Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of a Convention State for the extradition of any person accused or convicted of an offence under sections 3 or 4, the Minister shall, on behalf of the Government of Sri Lanka, forthwith notify the Government of the requesting State of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person for that offence.

Section 7(2) of the Convention Against Torture and other Cruel. Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994:

Where a request is made to the Government of Sri Lanka, by or on behalf of the Government of any State for the extradition of any person accused or convicted of the offence of torture, the Minister in charge of the subject of Foreign Affairs shall, on behalf of the Government of Sri Lanka, forthwith inform the Government of the requesting State, of the measures which the Government of Sri Lanka has taken, or proposes to take, for the prosecution or extradition of that person, for that offence.

The President should be informed that there is absolutely nothing to worry about in this clause. It is a standard clause, and we have had the identical clause in a very similar statute for over 20 years!

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