Torturing youth in custody SC orders Rs. 1.2Mn in personal compensation from policemen

Petitioner alleges he was  falsely accused of participating in a protest march 

By Lakmal Sooriyagoda  

In a landmark judgement, the Supreme Court yesterday  ordered six former police officers attached to the Thambuttegama Police  Station to personally pay Rs. 1.2 million in compensation to a young man  who was arbitrarily arrested and tortured in custody in 2012. The  ruling comes in response to a fundamental rights petition filed by the  victim, a communication centre operator who was 27 years old at the time  of the incident.  

In addition to the compensation order, the Supreme Court  directed the Attorney General to initiate a criminal investigation into  the incident and to consider instituting criminal proceedings against  the respondents under the Convention Against Torture and Other Cruel,  Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994.  

Each of the six officers, Police Constables Prasanna  Karunajeewa, M.D. Jagathpala, M.G.A.T.B. Abeysinghe, Upali Herath,  P.K.G.S.P. Prematunga, and Police Sergeant Karunatilake have been  ordered to pay Rs. 200,000 from their personal funds. The Supreme Court  directed that the total amount be paid within three months from the date  of judgement.  

The petitioner, Susil Priyanka Seneviratne alleged he was  falsely accused of participating in a protest march against the conduct  of the Thambuttegama Police and was arrested for unlawful assembly on  August 2, 2012.

He maintained that he was at his business premises at  the time of the procession and had no involvement in it.  

The Court found that the petitioner was subjected to brutal  assault before and while in police custody. He recounted being  repeatedly struck on the head and ear with a motorcycle helmet, and  kicked on his leg and body. As a result, his eardrum was ruptured,  causing permanent hearing impairment in his left ear, and he sustained  multiple bruises and injuries, including bleeding from the ear and leg.  

With Supreme Court justices S. Thurairaja and Yasantha Kodagoda agreeing, Justice Priyantha Fernando delivered this judgement.  

The Supreme Court held that the conduct of the policemen  violated the petitioner’s fundamental rights guaranteed under Articles  11 (freedom from torture), 12(1) (equality before the law), 13(1)  (freedom from arbitrary arrest), and 13(5) (right to be presumed  innocent) of the Constitution. The 7th Respondent, Officer-in-Charge  (OIC) of Thambuttegama Police Station Upul Seneviratne, was also found  to have violated the petitioner’s rights under Articles 12(1), 13(1),  and 13(5).  

Counsel Pulasthi Hewamanna with Linuri Munasinghe instructed by Sanjeewa Kaluarachchi appeared for the Petitioner.