FR Application - torture by the police and failure of the suspect to inform the incident to the Magistrate when he was produced - responsibilities of the OIC
"In the first instance, how can an Inspector of Police expect any Court of this country to act on affidavits by some other suspects who were at that time, in the custody of the police officers in the said police station. The said suspects are also under the power and authority of other police officers, in the ‘cell of the suspects behind bars’. When asked for affidavits confirming the absence of another suspect by an Inspector of Police, can that suspect decline to give such affidavits? Do those suspects have any idea of who the other suspect is or what name the other suspect bears or any internal matters of the police? Do the inmates in a police cell know what each others’ names are? To place this kind of very low standards of proof of absence of the Petitioner, during that period, inside the Police Station, is incredible. I view this kind of action as despicable and absurd. No court would be ever willing to rely on affidavits by suspects and detainees in the custody of the police, to safeguard the police officers under whom the said suspects and detainees were living their lives inside the cell of the police station, during that period. I do not find any evidential value in the said documents." - per Justice Eva Wanasundera PC in SC FR Application No. 244 / 2010.
IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA
SC FR Application No. 244 / 2010
Great job
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