HUMAN RIGHTS COMMISSION OF SRI LANKA, Annual Report 2018
3.2. Examples of individual complaints by
category of rights
3.2.1. Custodial
Constitution)
▪
violence
(Article
11
of
the
Physical assault on a victim by a police officer (Complaint No.
HRC/2305/15)
The Commission found a violation of article 11 of the Constitution and
recommended compensation of Rs. 25,000 to a victim of cruel, inhuman
or degrading treatment by the police. The inquiry revealed that the
petitioner had been subject to physical injuries to his ear and back by
the respondent police officer. The injury to the ear had also resulted in a
permanent loss of hearing in that ear. The Commission was aided by the
Reports of the judicial medical officer and the medical history of the
victim in arriving at its conclusion. A copy of this recommendation was
forwarded to the IGP for further action.
▪
Torture or cruel, inhuman or degrading treatment in police
custody(Complaint No. HRC/AP/291/2015)
Relying predominantly on medical evidence, the Commission in this case
found a violation of article 11 of the Constitution by the police for
physically assaulting a person arrested on suspicion of producing and
selling illicit liquor. The report of the Judicial Medical Officer revealed
that the injuries sustained by the victim were a “contusion (fain) on left
the infraorbital area and left-sided traumatic tympanic membrane (ear
drum) perforation”. Although there was no eye- witness evidence to
corroborate the account of the Petitioner, the information given by the
victim on admission to the hospital was consistent with the medical
reports and his evidence before the Commission. The Commission
directed the respondent to pay Rs. 25,000 as compensation to the victim
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