7.1.5 International Human Rights Law Standards
The Commission finds that students being subjected to torture, cruel, inhuman and degrading
treatment and punishment by the respondents amounts to a violation of Article 5 of the Universal
Declaration of Human Rights and Article 7 of the of International Covenant on Civil and
Political Rights.
Taking into account all evidence submitted by both parties and facts established by the
investigation, the Commission affirms that, as the respondents used disproportionate force to
disperse the students involved in the protest, their right to equality before the law has also been
violated.
8. Recommendations
8.1 Breach of human rights;
Taking into account all the facts established and evidence presented, the Commission affirms
that the respondents violated the fundamental rights guaranteed under Article 11 and Article
12(1) of the Constitution of Sri Lanka. Therefore, the Human Right Commission recommends
that the students be paid compensation for the injuries they sustained:
1. Sashini Sandeepani Kumarasinghe, the student being treated for the injuries she sustained
as a result of the attack should be paid Rs. 25,000/=;
2. A compensation of Rs. 15,000/= should be made to each of the following students for the
injuries they sustained as a result of the attack:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Nuwan Pradeep Kumara
Ayesh Rathnasuriya
Supun Ishan
Fathima Haneena Hussain
Sandunu Chandrasiri
Bhuddhi Ukwatte
Niluka Nayana
Jeeva Rupasinghe
8.2 Preventing Future Occurrence of such Incidents
It can be implied that the actions taken by the Police were a consequence of deficiencies in their
professionalism. The Human Right Commission recommends the following measures be taken:
8.2.1 Establishment of Police Regulations to Handle Public Gatherings
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