Supreme Court Orders Compensation and Investigation into Police Torture Case

Strategic Insights -

The Supreme Court of Sri Lanka has delivered a landmark judgment, ordering six former police officers to pay Rs. 1.2 million in compensation to a young communication centre operator who was arbitrarily arrested and tortured in custody in 2012. The court also directed the Attorney General to initiate a criminal investigation into the incident and consider instituting proceedings against the respondents under the Convention Against Torture. The petitioner, Susil Priyanka Seneviratne, was subjected to brutal assault before and while in police custody, resulting in permanent hearing impairment and multiple injuries. The court found that the conduct of the policemen violated the petitioner's fundamental rights guaranteed under the Constitution.

Key Takeaways:

  • The Supreme Court ordered six former police 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, to pay Rs. 1.2 million in compensation to the petitioner, Susil Priyanka Seneviratne.
  • The compensation is to be paid in equal shares of Rs. 200,000 by each of the six officers from their personal funds.
  • The Supreme Court directed the Attorney General to initiate a criminal investigation into the incident and consider instituting proceedings against the respondents under the Convention Against Torture.
  • The court found 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.
  • Counsel Pulasthi Hewamanna with Linuri Munasinghe instructed by Sanjeewa Kaluarachchi appeared for the petitioner.

Statistics:

  • Rs. 200,000: The amount each of the six officers was ordered to pay in compensation.
  • 1.2 million: The total amount the six officers were ordered to pay in compensation.
  • 27: The age of the petitioner, Susil Priyanka Seneviratne, at the time of the incident.
  • 8/2/2012: The date the petitioner was allegedly falsely accused and arrested for unlawful assembly.
  • Rs. 1.2 million within 3 months: The timeframe given to the officers to pay the compensation.

Sources:

  • "Supreme Court delivers landmark judgment on police torture case." [The New Sunday Times], 2023 (exact date not mentioned).
  • Constitution of the Democratic Socialist Republic of Sri Lanka. [Government of Sri Lanka], 1978.