Vadivel Mahenthiran and Another v. Attorney-General and Others

Abstract

State responsibility — Nature and kinds of — For wrongs unconnected with contractual obligations — Acts and omissions of State organs and officials — Executive action or inaction — Acts of State officials allegedly in breach of prohibition of torture or cruel, inhuman or degrading treatment — State responsibility for unlawful acts — Whether acts a consequence of administrative practice — The law of Sri Lanka

Disputes — Other international courts — European Commission and Court of Human Rights — Protection of fundamental rights Whether functions of domestic court similar to those of European Court — Jurisprudence of Commission and Court considered — The law of Sri Lanka

The individual in international law — In general — Human rights and freedoms — Prohibition of torture or cruel, inhuman or degrading treatment or punishment — Article 11 of the Constitution — Article 5 of the Universal Declaration of Human Rights — European Convention on Human Rights, 1950, Article 3 — Whether functions of domestic court similar to those of European Court — State responsibility for unlawful acts of State officials — Whether alleged act a consequence of administrative practice — Evidence — Jurisprudence of European Convention organs — The law of Sri Lanka