SC Says State Should Considering Addressing And Mitigating Police Violence, Custodial Torture And Death

JULY 23, 2020

The State should consider addressing and mitigating the problem of Police violence, and custodial torture and death, the Supreme Court (SC) noted in the context of deciding on a case of custodial torture. 

The case which was decided last month was Kandawalage Don Samantha Perera v. Officer-In-Charge (OIC) of the Hettipola Police Station and Others (SC FR Application 296/2014). 

The other respondents were the OIC Crimes of Police of the Hettipola Police Station, the Inspector General of Police and the Attorney General. The case was heard before President’s Counsels and Justices Priyantha Jayawardena and S. Thurairaja, and Justice L.T.B. Dehideniya.

The petitioner had claimed the infringement of his Fundamental Rights under Articles 11 {freedom from torture or cruel, inhuman or degrading treatment or punishment}, 12(1) {right to equality before the law and equal protection of the law}, 13(1) {freedom from arbitrary arrest} and 13(2) {freedom from arbitrary detention} of the Constitution. 

Thurairaja J. in his opinion held that “The consistent pattern of Police violence, custodial torture and death as evidenced by the considerable number of Fundamental Rights petitions filed before this Court, indicates that the State should consider addressing and mitigating the problem.”

He emphasized that the violation of the right to liberty guaranteed by Articles 11 and 13 of the Constitution should be of serious concern and that the State should take more proactive steps to address the gap between the law and the practice.

Towards this end, he recommended utilizing as a starting point, Article 10 of the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the latter instrument which has not only been ratified by Sri Lanka but has also enacted enabling legislation in the form of the Convention Against Torture Act, No. 22 of 1994 as Amended. 

Article 10 of the Convention holds that “Each State Party shall ensure that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment.” and that “Each State Party shall include this prohibition in the rules or instructions issued in regard to the duties and functions of any such person”. (By Ruwan Laknath Jayakody)

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