Supreme Court orders Rs. 2 Mn compensation to victim of police torture

Colombo, June 18 (Daily Mirror) - In another landmark ruling reaffirming the Constitutional protection against torture and arbitrary detention, the Supreme Court ordered two police officers attached to the Uragasmanhandiya Police Station to personally pay Rs. 2 million in compensation to a man who was illegally arrested, detained and tortured in 2019. The Court ordered that the compensation be paid in full from the personal funds of the two police officers within six months from the date of the judgment.

With Supreme Court Justices S. Thurairaja and A.H.M.D. Nawaz agreeing, Justice Shiran Gooneratne delivered this judgment and held that the two officers, identified as Harith, the Officer-in-Charge (OIC) of the Uragasmanhandiya Police Station and Hiran, the Crimes OIC, had violated the fundamental rights of the petitioner.

The court found that the conduct of the two officers amounted to a serious breach of the petitioner’s Constitutional rights enshrined under Articles 11 (freedom from torture), 12(1) (equality before the law), 13(1) (freedom from arbitrary arrest) and 13(2) (right to be informed of reasons for arrest) of the Constitution.

According to the fundamental rights petition, the petitioner was employed as a sales representative for a grocery distribution agency based in Miriswatta, Bentota. On June 21, 2019, after completing a delivery at Daluwatta Stores in Bentara, he returned to the agency around 5:30 p.m. along with the vehicle driver, Sampath.

Later, both men were arrested by the Uragasmanhandiya Police on suspicion of having stolen jewellery from Daluwatta Stores during the unpacking of the goods. The petitioner alleged that he was subjected to brutal and degrading treatment while in custody.

The petition described how OIC Harith and Crimes OIC Hiran inflicted severe physical and psychological abuse in an attempt to coerce a confession. The petitioner recounted being threatened with fabricated charges involving possession of a hand grenade and was eventually hanged by his wrists from a beam, not once but twice under the direct orders of the first respondent.

This torture, he claimed, caused lasting physical injuries and disability. Despite the abuse, he maintained his innocence and did not confess to the alleged theft.

Shantha Jayawardena with Hirannya Damunupola, Azra Basheer and Wihangi Tissera instructed by Dinesh De Silva appeared petitioner.

Geeth Karunarathna with Bojaya Kasun instructed by R. Bhagya A. Peiris appeared for the 1st and 2nd respondents, while Induni Punchihewa, SC instructed by Ira Kalansuriya appeared for the Attorney General.