LAKMAL SOORIYAGODA Reply To:
Name - Reply Comment
Minor forced to endure Nai Miris extract torture: SC rules police officer violated Fundamental Rights
Colombo, Sept. 2 (Daily Mirror) - The Supreme Court held that the former Acting Officer-in-Charge (OIC) of the Hatharaliyadda Police Station had violated the Fundamental Rights of a 16-year-old boy by subjecting him to wrongful arrest, torture and unlawful detention.
The court found that the Acting OIC Inspector Weerakoon, not only failed to produce the minor before a magistrate within the timeframe required by law but had also inflicted severe physical and psychological abuse during interrogation.
In one instance, the Acting OIC had crushed nai miris (bird pepper) on a handkerchief, mixed it with water and squeezed the extract into the boy’s eyes.
The victim had been arrested on suspicion of stealing jewellery but was later acquitted by the Galagedera Magistrate’s Court following trial.
According to the boy’s testimony, he was first tortured on August 6, 2022, after refusing to confess to the alleged theft. The Acting OIC had struck the soles of his feet multiple times with a large wooden pole while another officer had restrained him. Despite the minor’s repeated pleas of innocence, the OIC had mocked him, claiming that the punishment inflicted would be harsher than any he might receive from Allah.
The Supreme Court three-judge-bench comprising Justices Janak De Silva, Menaka Wijesundera and Sampath B. Abayakoon observed that the child’s account of torture was corroborated by medical evidence and confirmed that he had been subjected to repeated ill-treatment while in custody.
The Court ordered the Acting OIC to personally pay Rs. 300,000 in compensation to the boy and an additional Rs. 75,000 to the boy’s mother, who had also petitioned the court as the second petitioner. It recognised that the mother had a legitimate expectation of access to her son during his detention, a right that was denied, causing her severe emotional distress.
In a significant directive aimed at preventing similar violations in the future, the Supreme Court ordered the Inspector General of Police (IGP) to issue clear instructions to all police officers, requiring that when a minor is arrested, the mother, father or in their absence, a close relative, be granted access to the child before being produced before a magistrate, and in any case, within six hours of arrest.
Comments - 13
Recommended
You May Also Like
Trending
