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 48

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