Dear Colleagues/Friend,
I hope this message finds you well.
I am writing to bring to your attention a significant achievement in the ongoing efforts to combat extrajudicial killings in Sri Lanka.
With the assistance of the Committee for Protecting Rights of Prisoners (CPRP), a formal complaint was lodged with the Human Rights Commission of Sri Lanka (HRCSL) on January 13, 2023, concerning the custodial death of Mr. Samantha Preethi Kumara, an employee of the Vocational Training Authority, who died while in the custody of the Police Narcotics Bureau on January 10, 2023. The complaint sought an investigation into the circumstances of his arrest, his treatment while in custody, and the dissemination of false and prejudicial information by the police to the media, which labeled him a drug trafficker.
Following a comprehensive inquiry, the HRCSL concluded that Mr. Kumara had been subjected to cruel, inhuman, and degrading treatment in violation of Article 11 of the Constitution. Notably, he had sustained 49 injuries, while none of the eight police officers involved reported any harm raising serious concerns about the credibility of the police’s claims that he attacked them and attempted to escape. The Commission found that due process had not been followed during the arrest, in breach of Article 13(1), and that police had violated internal procedures and orders from the Inspector General of Police by releasing unverified and damaging information to the media.
Moreover, the Commission determined that Mr. Kumara was denied equal protection under Article 12(1), and that his right to life under Article 13(4) had been violated, as his death occurred without any judicial order. As a result, the HRCSL ordered the respondent officers to pay Rs. 2.5 million in compensation to the complainant. It also instructed the Inspector General of Police to initiate disciplinary proceedings, appoint a monitoring officer to ensure compliance with HRCSL guidelines on custodial deaths, and refer the case to the Attorney General for prosecution under the Convention Against Torture Act.
Currently, proceedings are ongoing at the High Court, and a separate fundamental rights petition is pending before the Supreme Court of Sri Lanka.
This development marks a critical step forward in holding law enforcement accountable and strengthening the rule of law in Sri Lanka.
The full HRCSL order is available at (in Sinhala) : https://www.hrcsl.lk/wp-content/uploads/2025/05/HRC-100-23.pdf
