Kandeketiya Police Torture Case

 - May 5th, 2020 - 

Personal details of the victim

The victim name is Sandun Malinga, 17years old, school student from Kandeketiya, Badulla

district of Sri Lanka.

Incident

On the 07th of May 2014, Sandun Malinga and his four other relatives were arrested by the

police officers of Kandaketiya police station, for punishable offence of treasurer hunting.

Police officers had assaulted them. After, on 08th of May 2014, the victim’s parents went to

the police station. In the police station, the victim complained to his mother that the police

officers assaulted him and he has severe chest pain and pleaded his mother to rub his chest.

Then the victim’s mother realized that her son is in critical condition and asked reserve officer

on duty to admit him to the hospital. The reserve officer informed them that nothing can be

done as there are no officers at the Police station. After, they came to police station later in

the morning and they found the victim are in a worst condition and crying while lying in the

floor and continue to say that his chest is paining. After, police officers took them to

Meegahakivula hospital. The victim’s brother said that, S.I. Somarathne first went to the

DMO’s office of the Meegahakivula hospital and had a chat with the doctor for about 30

minutes and then they produced to the DMO and DMO didn’t check any of the victim and his

relatives and DMO didn’t take any seriousness of them. Then, police officers produced the

victim and others to Magistrate Court and they were remanded for 14 days. On the 09th of

May 2014, the victim died.

Steps we have taken

One of our activists referred the victim’s parents to R2L. Complaints were prepared and sent

to Human Rights Commission, National Police Commission and Inspector General of Police.

A Fundamental Right case has been filed in the Supreme Court of Sri Lanka. And, the

police officers indicted for Murder under Penal Code. The case was filed in the Badulla High

Court (HC 01/2015).

Current Situation

Leave was granted for the Fundamental Right Case and it is still ongoing. (SCFR 157/2014)

There were two (02) court appearances during the 2019. On the 09th of January 2017,

Badulla High Court gave the judgment about the murder case (HC 01/2015). In the judgment

ordered death penalty to the six (06) accused persons. And we must get an order from the

Supreme Court to get the aggrieved party compensated.

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