The petitioner is a Medical Practitioner with a MBBS degree from the University of Ceylon. He was arrested on 19.07.89 on a complaint that he had assaulted Dr. Gunatilaka, Surgeon, Base Hospital, Gampaha and obstructed the carrying on of the service at the hospital in breach of Regulation and e Emergency Regulations. The complaint against the petitioner was that he had assaulted Dr. Gunatilaka twice on 19.07.89 first’at the path lab, a private medical establishment, and thereafter at the Base Hospital, Gampaha. Although he was arrested for such conduct under…
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WIMAL VIDYAMANI vs LT. COL. JAYATILLEKE AND OTHERS S.C. APPLICATION NO. 852/91 SPL
The petitioner who was the Mill Security Officer at the Embilipitiya Mill of the National Paper Corporation was arrested and detained by the Police under emergency regulations for being allegedly concerned in a subversive J.V.P attack on the Paper Mill. Thereafter, he was transferred to the Pelawatte Detention Camp and detained under a Preventive Detention Order. The petitioner had an exemplary record of service and had won the confidence of his employer. There was no material to warrant the suspicion that the petitioner had J.V.P. links or was concerned in…
Read MoreRATNAPALA v. DHARMASIRI, HEADQUARTERS INSPECTOR, RATNAPURA AND OTHERS SC APPLICATION 162/91
respondents had assaulted and brutally tortured the petitioner over a period of three weeks. The injuries suffered by the petitioner were irreparable, particularly in view of the fact that one of his lungs had to be surgically removed. The 1st (Hector Dharmasiri, Headquarters Inspector) and 2nd (I.P. Gunasekera, officer-in-charge), respondents deliberately encouraged, tolerated and acquiesced in the acts of torture and inhuman treatment inflicted on the petitioner on whom the J.M.O. found 26 injuries. Hence the 3rd, 5th, 6th and 7th respondents who have been identified by the petitioner along…
Read MoreSirisena and others vs Ernest Perera and Others judgement was given by supreme court S. C. APPLICATION NO. 14/90
The 1st and 2nd Petitioners were engaged in carpentry work at Arijapala’s residence in Bullers Lane between 02 and 08 April. The 3rd, 4th and 5th Petitioners were arrested by the Police when they visited the Corona’s Court at the General Hospital Colombo on 21 April 1990 to see the 1st aid 2nd Petitioners who had been arrested by the Police and produced before the Coroner to give evidence at the inquest. The 3rd to 5th Petitioners were detained by the Police and so deprived of their liberty from 11.30…
Read MoreChandra Kalyani Perera and Another vs Captain Siriwardana and Others, the judgement was given by supreme court S.C. APPLICATION NQ. 27/90
she was arrested with another one in emergency regulation by SL army near the beragala camp. the petitioner who is a married woman with three male children. She was engaged in a transport business in Badulla District and owned several vehicles. Her husband is a processing engineer at Abu Dhabi. “The first petitioner complains of being manacled, beaten with a hose, hung by her manacles and beaten until she confessed. In addition 1st respondent wanted to have sex with her”. the judgement was Application allowed and taken into consideration the…
Read MoreSAMAN V. LEELADASA AND ANOTHER, the important judgement was given by supreme court S. C. APPLICATION NO. 4/88
The petitioner was arrested on 29.07.87 and produced before the Elpitiya Magistrate on 18.10.87.and remanded to the Galle prison on his orders made from time to time. While in prison custody on 1.12.87 the petitioner was bathing at a water tank near the prison cell when the 1st respondent was alleged to have assaulted the petitioner saying he was not entitled to bathe there at that time. after few years the judgement was published and it was the Application allowed and Compensation ordered Rs. 15000 for petitioner. this was a…
Read MoreANSALIN FERNANDO v. SARATH PERERA, OFFICER-IN-CHARGE, POLICE STATION, CHILAW AND OTHERS, the judgement was given by supreme court. S.C. APPLICATION NO. 18/87
her petition dated 18.02.87 the petitioner complains that her son the 6th respondent (a University student) was arrested at their house in Chilaw on 02.01.87 at about 3.30 p.m. by a police party who assaulted him with fists and took him away in a jeep without giving any reason for the arrest; that thereafter the 6th respondent was detained at the Bandaragama Police Station where he was subjected to assaults and other ill-treatment; that the 6th respondent was last seen on the evening of 04.02.87 after which she was informed…
Read MoreThe case of Amal Sudath Silva vs Kodithuwakku, inspector of police and Others S.C. APPLICATION No. 186/86.
The petitioner pleads that he was arrested by the police on 9.10.1 386 on suspicion of having committed theft of side mirrors from several motor vehicles. He was thereafter taken to the Panadura police station in custody for 5 nights without being produced before a Magistrate During this period of 5 days he states he was severely beaten up by the 4 respondents with batons and was also subjected to physical torture by them by being hung to a beam at the police station by his hands tied to a…
Read MoreConvention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984. Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with article 27 (1). Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. Recognizing that those rights derive from the inherent…
Read MoreThe case of Kapugeekiyana vs Hettiachchi and two others S.C. No. 80/84.
The petitioner, a suspect in a murder case complained that about 6.00 a m. on 13.6.1984 the 1st and 2nd respondents entered his house, searched it and took into custody documents and files belonging to him without a search warrant. Thereafter without a warrant of arrest they arrested him and took him to the 4th Floor of the C.I.D. Office, Colombo 01. There they subjected him to harassment, assault, torture, duress. humiliation and cruel, inhuman, degrading and barbaric treatment. the judgement was compensation ordered for illegal detention. the court…
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