The Lawyers Collective of Sri Lanka have written to the Attorney General of Sri Lanka in connection with a Fundamental Rights application which was decided by the Supreme Court on 14th December 2023.
In that matter the Supreme Court judgement upheld the complainant’s contention that he was tortured by the respondents, police officers Bandara, Bhatiya Jayasingha and Deshabandu Tennakone. The Fundamental Right application was made in 2011 and decided last December.
The petitioner maintained that he was tortured at various times of his incarceration by these police officers which had violated his constitutional rights or the ‘fundamental rights’ of any citizen of Sri Lanka.
The Lawyers Collective have reminded the Attorney General that the findings of torture by the Supreme Court constitutes the offence of Torture under the convention against Torture Act 22 of 1994.
The Lawyers Collective has also reminded – and quoted from a previous case – the Attorney General that he has a duty to the Court, to the State and the subject and that the powers vested in the Attorney General are held in public trust.
The Lawyers Collective has asked the Attorney General to immediately prosecute these officers including the acting IGP and also asked the Attorney General to advise of the interdictment of the acting IGP so that impartial investigations may be carried out.
There is some debate as to what investigation can be done given that the Supreme Court has already found the three policemen guilty of torture based on the evidence presented before them. The Supreme Court judgement by Justice Thurairaja and his colleagues on the bench, ordered the National Police Commission to take disciplinary action.
