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Police use of spiked ‘torture’ barricades challenged in SC

05 May 2022

  • FR petition filed, IGP named respondent
Lawyers’ Forum for the People Convenor Attorney Senaka Perera filed a Fundamental Rights (FR) petition at the Supreme Court (SC) yesterday (5), stating that Inspector General of Police (IGP) Chandana D. Wickramaratne has violated the fundamental rights of protestors with the use of spiked barricades to prevent protests. The petition has stated that since the Police are required to use minimum force to disperse public protests, it is unclear as to which provisions were used under the Police Ordinance to employ “lethal barricades”. Hidden spiked barriers were used on 24 April when the Inter-University Students’ Federation marched from Colombo Fort to “GotaGoGama” at Galle Face Green. The petition by Perera has stated that the use of these barricades violate Articles 11 (the right to freedom from torture, cruel, inhuman, degrading treatment, or punishment), 12(1) (the right to equality before the law and equal protection of the law), 14(1)(a) (the right to freedom of speech and expression including publication), and 14(1)(b) (the right to freedom of peaceful assembly) of the Constitution. The petition has stated that bringing such barricades for civil protests shows the clear intention of torture where protestors are unarmed civilians, and that peaceful public demonstrations should not be suppressed by brutal and excessive force, where the result will be torture, cruel, inhuman, degrading treatment, or punishment at the hands of state officials. Thus, the petitioner has called for the SC to declare that fundamental rights were violated and for the court to call for a report from the IGP about the use of such barricades.

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