In December 2025, the Supreme Court of Sri Lanka delivered a landmark judgment in SC FR Application No. 186/2019, decisively reaffirming that torture is absolutely prohibited under the Constitution and that the State bears responsibility for abuses committed by police officers, regardless of whether such acts occur outside official duty hours or without uniform.
This judgment represents a critical advancement in Sri Lanka’s constitutional jurisprudence on torture prevention and police accountability. Right to Life Human Rights Centre (R2L) supported this case as part of its ongoing work to strengthen access to justice and challenge impunity through strategic litigation.
Background to the Case
The case stemmed from a violent incident in February 2019 in the Minuwangoda area, where two civilians were subjected to physical and mental torture by a police constable attached to the Katunayake Police Station. The officer assaulted the victims, threatened them with an officially issued firearm, and demanded substantial sums of money as ransom.
Medical records and witness testimonies confirmed head and neck injuries consistent with blunt trauma, as well as severe psychological distress. Subsequent evidence revealed that the firearm used during the incident was an official weapon issued by the Police Department.
Issues Before the Supreme Court
The petitioners alleged violations of:
- Article 11 of the Constitution – freedom from torture and cruel, inhuman, or degrading treatment or punishment
- Article 12(1) of the Constitution – equality before the law and equal protection of the law
The State argued that it should not be held liable, asserting that the officer was not in uniform and was acting in a private capacity at the time of the incident.
Key Findings of the Court
Rejecting these submissions, the Supreme Court held that:
- Article 11 is an absolute and non-derogable right, admitting no exceptions under any circumstances.
- The acts of physical assault, threats with a firearm, and extortion constituted both physical and mental torture.
- The arbitrary abuse of police power violated the petitioners’ right to equal protection under Article 12(1).
- A police officer is considered to be “always on duty” under the Police Ordinance, and misuse of police authority, identity, or official weapons engages State responsibility.
- The State remains liable for fundamental rights violations even where the offending officer has resigned, been dismissed, or left the country
The Court declared that both the individual officer and the State were responsible for the violations and ordered compensation to be paid to the victims.
Significance of the Judgment
This judgment is significant because it:
- Closes a long-standing accountability gap that allowed police misconduct to be framed as “private acts”
- Reinforces Sri Lanka’s constitutional commitment to the absolute prohibition of torture
- Aligns domestic jurisprudence with international human rights standards, including the UN Convention Against Torture
- Strengthens the role of Fundamental Rights litigation as an effective remedy for victims of police abuse
Role of R2L and Supportive Partnerships
R2L’s engagement in this case reflects its strategic approach to advancing human rights through legal action and institutional accountability. The organisation’s ability to support victims and pursue precedent-setting litigation is strengthened by sustained partnerships and donor support, which make long-term legal advocacy and impact-driven interventions possible.
The Supreme Court judgment in SC FR Application No. 186/2019 stands as a powerful affirmation of constitutional values in Sri Lanka. It sends a clear message that torture can never be justified and that the State remains accountable for the actions of those entrusted with public power.
For R2L, this judgment is both a legal milestone and a foundation for continued advocacy aimed at preventing torture, supporting victims, and strengthening the rule of law.
Judgment: sc_fr_186_2019