Legal Aid Commission

Crime Victim Protection

Media reports highlighted the announcement by Justice Minister Rauf Hakeem at the Human Rights Commission in Geneava that Sri Lanka would be enacting Victims and Witnesses of Crime Protection Legislation in the near future. As the Legislative and pre Legislative process to enact Victims of Crime Protection legislation has taken 10 years with the National Centre for Victims of Crime playing long advocacy role, the legislative process is expecting to be swift.

History of Legislation

On June 6, 2008, Assistance and Protection to Victims of Crime and Witnesses Bill was first tabled in Parliament for the first time by the Minister of Justice and Law Reforms as an urgent Bill. The draft Bill was the culmination of a collective process pioneered by the National Centre for Victims of Crime (NCVC) in 2002 on a suggestion made by then Chief Justice Sarath N Silva, PC. The NCVC with the support of donor agencies, i.e. Asia Foundation, UNHCR and Canadian International Development Agency (CIDA) steered an islandwide awareness programme on the rights of the victims of crime from 2002.

The Law Commission of Sri Lanka with pivotal input from Attorney-General’s Department, finalized the Cabinet paper which was steered as an urgent proposal by President Mahinda Rajapaksa himself.

The Bill was drafted by the Legal Draftsman’s Department and with Cabinet approval was examined by the Supreme Court on April 2, 2008. The Bench consisting of Justices Shirani Thilakawardena, Saleem Marsoof and Andrew Somawansa examined the Bill exhaustively and proposed important improvements. The Bill was determined not to be in consistent with the provisions of the constitution.

The Bill consists of VIII Parts and 36 sections and contains an exhaustive definition of the terms victims of crime and witnesses. The proposed Bill includes victims of human rights violations within the definition of the term victims of crime thus making the law an important pillar in the human rights protection in the country.

Definition of victims of crime

Thus a ‘victim of crime’ means “a person who has suffered any injury, harm, impairment or disability whether physical or mental, emotional, economic or other loss, as a result of an act or omission which constitutes an offence under any law or an infringement of a fundamental right guaranteed by the Constitution or the violation of a human right referred to in the International Convention on Civil and Political Rights (ICCPR) Act No.56 of 2007 and includes a person who suffers harm as a result of intervening to assist such a person or to prevent the Commission of an offence and the parent or guardian of a child victim of crime and any member of the family and next of kin of such person, dependents and any other person of significant importance to that person”.

The inclusion of human rights violation under ICCPR Act No.56 of 2007 is very significant. The proposed enactment has recommended the violation of rights of alleged offenders punishable as a violation of human rights. Similarly the violation of the rights of a child, denial of access to public benefits provided by the state are made legally justiceable by the High Courts of the country are included in the definition.

The victims and witnesses law presented in 2006 Parliament in its Part II enumerates the rights of the victims of crime and witnesses. The provisions are exhaustive and encompass the provisions on rights of victims of crime as enumerated in 1985 UN declaration on the subject. This include the victims right to dignified treatment, legal representation, psychological counseling, restitution of lost property, right to information about the court proceedings and expedient completion of litigation. The mechanism through which the above rights are to be implemented is the National Authority for the protection of victims of crime and witnesses together with an Advisory Commission. The nine member Authority would consist of five ex-officio members representing Justice, Police, Human Rights, Ministries and Attorney-General and the Inspector General of Police. The remaining four members would be appointed by the Minister of Justice with the concurrence of the President, the Chief Justice and the Attorney-General. The chairman of the Authority would be similarly appointed.

The Bill creates a special protection division in the Police department and Compensation Fund to provide compensation to victims in appropriate cases. Finally, law provides for a category of offences that may be committed against the victims and witnesses like intimidation and threats which are made punishable with imprisonment up to seven years.

Victim and Witness Protection Laws were long awaited and had been the subject of discussion both nationally and internationally. As the Law is intended to bring about needed change in the criminal justice system and effective protection of human rights in the country; the law is expected to be passed unanimously in Parliament. The objective of the law is above partisan politics.

S.S.Wijeratne

Seminar on Arbitration for commercial disputes

The Institute for the Development of Commercial Law Practice (ICLP) has organized a half a day seminar on Arbitration for Commercial Disputes to be held on March 23 at the ICLP Arbitration Centre, No. 61, Carmel Road, Colombo 3.

Arbitration as an ADR mechanism is opted in the commercial industry with its usage for dispute resolution. With the rise of the International Commercial contracts the prominence given to Arbitration as a dispute resolution mechanism has arisen. Arbitration has gained its prominence as an ADR mechanism for it carries several distinct features to that of the conventional court process. Confidential procedure, finality of the award and enforceability of awards internationally has gradually developed the use of arbitration in commercial contracts be it governmental or non-governmental.

Thus, the seminar would cover important provisions of the Arbitration Law and Procedure in relation to Arbitration Act No. 11of 1995 and significant features such as Setting a Side and Enforcement of Awards which can give rise to diverse issues during the conduct of Arbitrations.

The resource panel includes two legal professionals. Deputy Solicitor General Arjuna Obeyesekere and senior attorney-at-law Chandaka Jayasundara will cover the aforesaid.

The target audience will include attorneys-at law, Legal Officers, engineers, quantity surveyors, architects, undergraduates and students etc. For more details email [email protected] or contact 2346163/4

[Questions and Answers]

New passports for children

Question: I have been employed in a foreign company in Germany for the last 20 years.

I have two children. My first child was born in Sri Lanka and my second child was born in Germany. I intend obtaining passports for my two children.

Kindly let me know the procedure to obtain the passport of my two children. Please advise me through your valuable Daily News Legal Aid page.

P.Anthony,
Nawalapitiya

Answer: (i) If the child was born in Sri Lanka and was included in one parent’s passport:

•The copies of the ‘Detail Page’ and the ‘Children Page’ of the parent’s Passport in which the minor was earlier included.

•A certified copy of the Birth Certificate of the minor.

•The copies of the ‘Detail Page’ and the ‘Children Page’ of the other parent’s Passport.

•Consent letter from both parents.

•Confirmation on the receipt of the relevant fee by the Mission.

(ii) If the minor was born outside Sri Lanka and applies for a Passport for the first time:

•A certified copy of the original Birth Certificate issued by the Consular.

•A certified copy of the citizenship certificate.

•A certified copy of receipt of payment for citizenship registrations if the citizenship certificate is not available.

•Consent letter from both parents.

The application form could be collected from the Department of Immigration and Emigration or from the Divisional Secretariat Office. Thereafter the duly filled Application Form along with the prescribed fee together with photographs of your children should be submitted to the Department of Immigration and Emigration or Divisional Secretariat’s Office. The Department also has a ‘One Day Service’.

Fees for obtaining Passports and travel documents are given below:-

One day normal service, Diplomatic, Official, Ordinary?

All Countries – Rs.7500 - Rs.2500

Middle East – Rs.2500 - Rs.1000

If you need further information, you can contact 011 5329000.

Extension of driving licence for heavy vehicles

Question: I have an old driving licence for heavy vehicles. Please let me know how I can extend the driving license for heavy vehicles?

Sent by email,

Answer: The procedure of the extension of the driving licence for heavy vehicles is as follows;

1. He/She Should be a holder of a license for light vehicles (only B and B1 vehicle classes) for a minimum of two years prior to the date of application.

2. To obtain a license for light motor bus and motor lorry category the minimum height should be 4 feet 10 inches. A minimum height of 5 feet is required to obtain a licence for motor bus and motor lorry category.

3. It is possible to register and face the written test on completion of 20 years of age.

4. In the event of passing the written test, a learners’ permit is issued for maximum period up to 18 months.

5. Holder of such permit can practice driving.

6. The applicant must be at least 21 years old to sit for the practical test and a minimum of three months should have passed since obtaining the learners’ permit.

7. It is compulsory for the applicant to face the practical test and pass it.

8. Aptitude Medical Certificate obtained from the National Transport Medical Institution within a period not exceeding six months.

Extension of the validity of driving licence

Question: Please let me know the documents that are needed to extend the validity of the driving licence.

Silvia, Mahara

Answer: The following documents are needed to extend the validity of the driving licence;

1. Current driving license.

2. National Identity Card or the valid passport with the national identity card number.

3. For light vehicles - Medical fitness certificate obtained from a Medical Officer registered with the Sri Lanka Medical Council on a M.T.A. 31 form, within a period of six months.

4. For heavy vehicles - Medical fitness certificate obtained from the Sri Lanka National Transport Institute within a period of six months.

Aggrieved person

Question: Kindly let me know who is ‘an aggrieved person’ under the Prevention of Domestic Violence Act No.34 of 2005.

Can the Legal Aid Commission appear on behalf of an aggrieved person?

Damayanthi,
Labugama

Answer: Under the Prevention of Domestic Violence Act No.34 of 2005, “an aggrieved person” is defined as follows:-

(i)Father, mother, grandfather, grandmother, stepfather, stepmother.

(ii)Son, daughter, grandson, granddaughter, stepson, stepdaughter.

(iii)Brother, sister, half-brother, half-sister, step-brother, step-sister;

(iv)Siblings of a parent;

(v)The child of a sibling;

(vi)Child of a sibling of a parent

We provide legal aid for ‘an aggrieved person’ under the prevention of domestic violence act.

Law to protect old people

Question: I am retired person with three sons.

My children are neglecting me. Are there any laws to safeguard old people like myself? Can I receive some maintenance from my sons?

Weerasooriya,
Angoda

Answer: Yes, Elders Law No.9 of 2000 has provision to safeguard and protect elderly persons like yourself. Under this law, you can ask for maintenance from your children. You can write to the chairman, Elders Claims Board , Elders Secretariat, No 150A, LHP Buildings Nawala Road,Nugegoda. If you need any assistance, kindly call over to our Head Office which has set up an Elders’ Unit specially to deserving people like you.

Mediation Board

Question: Can the Police refer disputes to the Mediation Board?

Anurada Dusmini,
Dompe

Answer: Yes, the Police can refer you to the Mediation Board. This happens when you go to the Police and they feel that it is a matter which should be resolved by mediation or where, according to the law it has to be referred to mediation.

There are other ways of going to a Mediation Board.

•You can make an application to the Mediation Board yourself. The application can be prepared by yourself. It must state what your problem briefly; give your name and address; give the name and address of the other party to the dispute. The Board will then call all of you for a discussion.

•The Court may refer your case to the Mediation Board if both parties agree to have it so referred. This is permitted under the Law.

How to obtain lost Identity Card

Question: I lost my Identity Card. I have a photocopy of the same. Please let me know as to what I should do?

Hilda,
Hedala

Answer: If you want to obtain a new Identity Card, you have to first make a complaint with the Police and get the certified copy of that complaint. Thereafter, you have to meet your Grama Niladari and get an application form and have the form duly completed.

After preparing all the documents, you have to submit five identity card size (coloured photographs) and the photocopy of the identity card.

It is necessary to submit the original Birth Certificate, The Registrar of Persons has a ‘One Day Service’ to issue identity cards for a fee of Rs.500. Other wise you can get your identity card from the Grama Sevaka through the normal procedure which will take at least one month.

Medical leave

Question: I am working as HRM in a private limited company with 25 employees. Please let me know how much medical leave is available to me per annum. I would also like to know in order for employees to get annual or casual leave, how many days notice should they give to the HRM.

Sent by email

Answer: The law does not make any provision for medical leave. The law does not stipulate any period of notice for availing of casual or annual leave. Casual leave can be availed of any time depending on the circumstances for which leave is required. Annual leave is availed of by mutual agreement with the employer.

Obtaining duplicate certificate and vehicle identity card

Question: My vehicle identity card and the registration certificate has been misplaced. Can I apply for a duplicate vehicle identity card and the registration certificate of the vehicle?

Punchihewa,
Narahenpita

Answer : Yes, you can obtain a duplicate of the registration certificate of the vehicle and the vehicle identity card.

1. Application form

2. A certified copy of the complaint lodged with the Police with respect to the loss of that certificate and the receipt of payment for that.

3. In case a mortgage / an absolute ownership / a lease has been registered, a letter issued by the relevant institution stating that it does not object to the issue of a duplicate.

4. If the original of the registration certificate or the vehicle identity card is disfigured or partially destroyed, the same should be submitted as well.

5. A photocopy of the national identity card.

6. Application to obtain weight certificate of a vehicle.

Procedure

The above-mentioned documents should be submitted to the technical branch and thereafter prior approval for the conversion should be obtained from the Commissioner General of Motor Traffic.

Producing the approved documents and the vehicle to the Werahera office and obtaining weight certificate and fuel conversion of vehicle can be performed after handing over the documents to the relevant branch.

Copy of marriage certificate

Question: I wish to get a copy of my marriage certificate. We are Kandyans and got married on March 20, 1978. Please let me know how we could obtain a translated copy of our marriage certificate.

Lakmini, Peradeniya

Answer: If you know the date and year of marriage, you could visit the Divisional Secretariat”s Office, where you got married (Births/Deaths and Marriage Registrar) and obtain Form 121. The duly completed Form 121 should be submitted together with uncancelled stamps in payment of charges. If stamps are sent by post, it is advisable to send them under registered cover. All applications should be accompanied by a self addressed envelope.

If the certificate is required to be sent under registered post, the required registration duty should be affixed to the cover.

The certificate will be issued in the language it had been registered. If a translation is desired a separate application in the relevant form must be made to the appropriate District Registrar or the Registrar-General’s Office, Denzil Kobbekaduwa Mawatha, Battaramulla.

The relevant stamp fees is given below:-

Where the date of registration or the number of the entry is given the stamp fee for one copy of the certificate is Rs. 25.

Where the date of registration or the number of the entry is not given and a search of registers not exceeding three months the involved fee for one copy of the certificates is Rs.50.

Search of registers only for a period not exceeding two years the stamp fee is Rs.100 (No application for search shall exceed a period of two years.)Please do not pay any other fee other than stamp fees mentioned herein.

Registration of ownership transfer

Question: Please let me know the documents required to be submitted for the revision of information contained in the registration certificate of motor vehicle?

Chamara,
Kataragama

Answer:

1.Application

2.Registration certificate of the vehicle

3.Vehicle Identity Card (applicable only for vehicles with new number starting with English letters.)

4.In case of a change of the colour of the vehicle, engine number etc. certificate of the Motor Vehicle examiner (CMT – 130)

5.If luxury taxes are applicable, originals of the receipts on payment of such taxes and photo copies of the same.

6.If another engine has been installed, the prior approval of the Commissioner General and the receipt for the purchase of the engine (with photo copies)

7.in case of revision of the name and the address, relevant documents confirming the fact should be submitted.(EX.Birth certificate, National Identity Card, Report of the Grama Niladhari, an affidavit etc) Fee: Rs. 300

Registration of a mortgage / an absolute ownership / a lease.

1.Registration certificate of the vehicle (CR)

2.Vehicle Identity Card (V1C)

3.Letter of consent from the owner of the vehicle for mortgaging the vehicle to the relevant institution or to transfer absolute ownership.

4.In case of registration of a mortgage, a certified copy of the mortgage deed, and letter written on a letterhead of the relevant financial institution informing of the registration of the mortgage.

5.For registration of absolute ownership, perfected MTA 3 form.

6.For registration of a lease, a copy of the deed of lease held and a letter by the lesser.

Cancelling the registration of a mortgage / an absolute ownership / a lease of a vehicle.

1.Registration certificate of the vehicle (CR)

2.Vehicle Identity Card (VIC)

3.A certified photo copy of the applicant’s national identity card. A letter written on a letterhead of the Financial institution addressing the Commissioner of Motor Traffic requesting the cancellation of mortgage / absolute ownership / lease as well obligations have been settled. (Stating the number of the relevant vehicles in compulsory)