Tag: Supreme Court of Sri Lanka

Supreme Court Orders Thambuttegama Police Officers to Personally Pay Rs. 1.2 Million to Assault Victim

In a landmark judgment that reinforces the importance of accountability in law enforcement, the Supreme Court of Sri Lanka has ordered six police officers attached to the Thambuttegama Police to pay Rs. 1.2 million in compensation to a youth who was brutally assaulted during a protest in 2012. The compensation must be paid personally by the officers, marking a rare instance where law enforcement officials have been held individually liable for the violation of fundamental rights. The Court also instructed the Attorney General to examine the possibility of initiating criminal…

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Supreme Court Halts Appointment of Inspector General of Police

On July 24, 2024, the Supreme Court issued an order regarding the controversial appointment of the Inspector General of Police (IGP). The petitioners have presented a compelling prima facie case challenging the constitutionality of the appointment. As a result, the Court granted leave to proceed against the first respondent, the Honorable Attorney General, the Speaker, and Mr. Deshabandu Tennakoon. In a significant interim order, the Supreme Court restrained Mr. T. M. W. Deshabandu Tennakoon from functioning as the IGP until the case is concluded. Consequently, the President is now authorized…

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Kanda Udage Malika Vs D.M. Aberathna and others SC/ FR/ 157/2014

On the May 7, 2014 Sandun Malinga, a 17 year old boy and four others with him were beaten by police officers, arrested and detained at the Kandaketiya police in the Badulla district. Sandun and the other four were taken to the District Medical Officer (DMO), brought back to the police, taken to a Magistrate and remanded in the Badulla remand prison in the evening. The following day, May 9, around 5.30 am his brother who had been also remanded saw Sandun panting and struggling for breath and alerted the…

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“All relevant authorities shall take active measures to prevent torture” Chairman, HRCSL

In December 1997, The United Nations General Assembly proclaimed 26th June as the International Day in Support of Victims of Torture, to commemorate the historic day in 1987, in which the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the key international instrument against torture came into effect. It appeals to all member states to implement the Convention in full effect with the intention of eradicating torture in all its forms across the world. It also requests for support from all stakeholders, civil society and individuals to…

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A Statement by SLCAT on International Day in Support of Victims of Torture.

Today as we mark the International Day in Support of Victims of Torture, we the undersigned express grave concern about the increasing use of torture in Sri Lanka. During the last year, we witnessed the COVID-19 pandemic cause unimaginable challenges to Sri Lankans. In this context of deep instability and uncertainty, Sri Lankan citizens have been made to feel more insecure through the increasing use of violence by the police. SLCAT recognizes at least 30 reported incidents of torture, 22 and 5 custodial and extra judicial deaths between the period…

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SC orders policemen to pay for youth’s death after assault

The Supreme Court has ordered six police personnel at the Kandaketiya Police Station to pay compensation of Rs.300,000 to a mother of a 17-year-old deceased son who died after being assaulted by police personnel in 2014. The Supreme Court further ordered the six respondents to pay Rs.60,000 to the petitioner in lieu of litigation costs. The six respondents have been found guilty of murder of the deceased, being members of an unlawful assembly and they were sentenced to death by the Badulla High Court in a judgement dated January 9,…

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Corporal Punishment as a method of discipline is ineffective – Supreme Court of Sri Lanka

Supreme Court of Sri Lanka ruled on 12th February 2021 that the teacher-in-charge of discipline of Puhulwella Central College of Matara district is guilty of violating the fundamental rights of a student by beating a student and causing a ruptured eardrum. Accordingly, the teacher was ordered to pay Rs. 150,000 personally while the government was ordered to pay Rs. 500,000 to the student within six months. The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including…

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Hewa Maddumage Karunapala and others Vs Jayantha Prema Kumara Siriwardhana and others SC/FR/97/2017

The fundamental rights petition was filed by the parents of the 15-year-old victim, Hewa Maddumage Karunapala and Pallekkamkanamlage Dona Kumuduni against six persons including teacher Jayantha Premakumara Siriwardana and principal M. Leelawathi. The child petitioner was slapped across the face by Mr. Siriwardhana, teacher- in -Charge of discipline and sectional head of Puhulwella College. The action had resulted in the student a ruptured eardrum and permanently losing his hearing ability in the left ear.  Considering the petition, affidavit and written submission of the petitioners and the respondent as well Supreme…

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SHORT ANALYSIS ON SENTENCING POLICIES ON TORTURE 2019

The research provides a short-analysis of sentencing policies on Torture in Sri Lanka, specifically the violation of Article 11 of the constitution of Sri Lanka. In the process of analyzing cases from 1981- 2019 we have collected and analyzed 100 judgements from the Supreme Court only. We have included Article 12(1), 13(1) and 13(2), as most often these articles were considered by the Petitioner when filing for breach of Article 11. The judges evaluated each of the 100 cases subjectively on a case by case basis based on the evidence…

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Rajakaruna Herath Mudiyanselage Keerthirathna, Surakkulama, Mudalakkuliya. Vs Premarathna Police Constable, Police Station, Anamaduwa. And Another | No. 491/2011

The Petitioner in his petition states that the 1st Respondent, Police Constable, Premarathna attached to Anamaduwa Police Station, on 18/01/2011 came to his residence and wanted to arrest him on a warrant issued by the learned Magistrate of Anamaduwa; that the 1st Respondent on 18/01/2011 did not arrest when he was told that the Petitioner was suffering from an ailment called Epilepsy; that on 19/01/2011 when he (the Petitioner) went to the Anamaduwa Police Station with his father-in-law, he (the Petitioner) was arrested by the 1st Respondent and put him…

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