The Commission was informed by SPs that in the event an inmate wished to complain about
the assault or violence to which he was subject during arrest, the routine practice is that a
letter would be submitted through the SP to the relevant Superintendent of Police of the
police station area where the incident occurred. The standard letter would request an
inquiry into the allegation and necessary action but there was no standard procedure with
the procedure followed by prisons differing slightly. For instance, PCP refers such cases to
the Assistant Superintendent of Police of the relevant police station while KRP refers them
to the Senior Superintendent of the Ratnapura Police. However, in an interesting example,
the SP of the BRP stated that they not only record assaults by the police but also inform the
National Police Commission (hereinafter referred to as NPC) of such incidents. The SP of the
BATRP stated that in addition to the general procedure, a report is sent to the Prison
Headquarters for necessary action.
It was noted that many persons do not report violence to the prison authorities upon
admission due to the fear of possible reprisals from the relevant police entity. Also, the
Commission was not able to verify if, following the referral of such complaints by the prison
authorities to the police, inquiries are in fact conducted, and if action is taken by the entity
responsible to sanction the relevant police officer. Even if the person is produced before the
Judicial Medical Officer (hereinafter referred to as JMO) by the prison, the Medico-Legal
report would remain with the JMO unless the inmate wished to pursue remedies, such as
actively pursue the police complaint, or file a fundamental rights petition or complain to the
Commission, in which event the report would be called for by the relevant remedial
institution. Thus, the effectiveness of the process remains unknown as there is no
mechanism in place to follow up on the matter. Hence, not only is there need for a standard
procedure for the recording of the allegation of assault and examination and referral of the
prisoner to the JMO, but a mechanism to follow-up on the action taken by the police and the
NPC with regard to such complaints is also required.
4.1.
Role of medical personnel in identifying and reporting police torture
According to SMR 3433, if a medical professional becomes aware of any signs of torture or
inhuman, degrading punishment they should document and report such cases to a
competent medical, administrative or judicial authority. This must be done in a manner that
does not expose the prisoner to a foreseeable risk of harm.
The Commission found that prisoners who are newly admitted to a prison would be
subjected to a medical examination. The Medical Officer (hereinafter referred to as MO) who
is conducting the medical examination would inquire whether the inmate was subjected to
any sort of assault while in police custody prior to admission into the prison. Visible injuries
will be recorded by the MO and if the inmate is suffering from severe injuries which cannot
be treated by the MO inside the prison, the inmate will be referred to the General Hospital
(hereinafter referred to as GH). If there is a PH, the inmate will first be sent to the PH for
treatment and then sent to the GH if s/he cannot be treated in the PH.
33
SMR 2015, r 34.
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