Supreme Court rules Police officers guilty of torturing youth in 2019 gold theft case

The Supreme Court of Sri Lanka has ruled that the then Officer-in-Charge (OIC) of the Uragasmanhandiya Police Station and the then OIC of its Crimes Division violated fundamental human rights by subjecting a young man to inhumane torture after arresting him in connection with a gold theft investigation in 2019 to obtain a confession.

The Court ordered both officers to pay Rs. 1 million each from their personal funds as compensation and legal costs to the petitioner. The judgment, delivered on Wednesday (June 18), also states that the compensation must be paid within six months.

Further, the Supreme Court directed that a copy of the judgment be sent to the National Police Commission to take appropriate action against the responsible officers, identified as Officer Harith (OIC of the Uragasmanhandiya Police Station at the time) and Officer Hiran (OIC of the Crimes Division at the time).

The judgment was delivered by Supreme Court Justice Shiran Gooneratne, with the concurrence of Justices S. Thurairaja and A.H.M.D. Nawaz, following the examination of a fundamental rights petition filed by P.A.S. Madhushan, a resident of the Maththaka area.

According to the petitioner, he voluntarily went to the Uragasmanhandiya Police Station with his lawyer after learning that the police were seeking him in connection with a gold theft from the store where he worked. He claimed that the police informed his lawyer that he would be released after recording a statement, after which the lawyer left.

The petitioner alleged that subsequently, the second respondent, the OIC of the Crimes Division, handcuffed him and took him to a room behind the Crimes Division, where he was assaulted with the assistance of another officer. As a result, he experienced severe pain in his hands and back.

He further stated that the officer then assaulted his genitals, causing extreme pain and resulting in unconsciousness.

Later, the first respondent, the main OIC, allegedly arranged for the petitioner to be released on police bail on the condition that Rs. 300,000 be paid to the shop owner to settle the theft.

The petitioner also claimed that he had to receive treatment at Nagoda Hospital for 12 days following the incident.

The respondents denied all allegations and claimed that the arrest was lawful. However, the Court found that the respondents failed to justify the arrest with relevant facts.

After carefully reviewing all the evidence, the Court determined that the petitioner had indeed been subjected to severe torture, as confirmed by the forensic medical reports presented in court.

The panel of judges unanimously concluded that the petitioner’s fundamental human rights had been violated.