Amarasinghe v Sri Lanka
This case concerns the torture and death of Mr Amarasinghe Arachchige David Amarasinghe while in the custody of the Sri Lankan police, and the subsequent obstruction by the Attorney-General of Sri Lanka of the normal criminal process to investigate the crime and prosecute the alleged perpetrators.
On 13 August 2010, at around 8:30 p.m., the victim was arrested by two police officers. At arrest and immediately afterwards, the victim was allegedly subjected to torture and other forms of severe ill-treatment by the police officers who had arrested him. According to an eye witness, the victim was hit with a rod and held by the chin and the neck and his head was stuck twice against the door of the police vehicle. He was then put into a police jeep and further ill-treated. In particular, he was severely beaten, with blows by feet and iron sticks to his head.
According to the police, the victim was taken directly to the hospital following his arrest. He passed away early in the morning of the next day on 14 August 2010.
An investigation was started into the death of the victim, and the magistrate found that there was enough evidence to charge the arresting police officers with murder. However, while the proceedings were still ongoing, the Attorney-General intervened, blocking the continued investigation by the magistrate.
After seeking justice in Sri Lanka, the victim’s brother has brought this communication to the Human Rights Committee, claiming that Sri Lanka has violated the victim’s and author’s right to a remedy and that the State Party is responsible for violating the victim’s rights under Articles 6 (right to life), 7 (prohibition of torture and ill-treatment) and 9 (right to liberty and personal security).
