• HRCSL issues prevention guidelines to the Police
• 28 complaints about torture in 1st quarter of 2025 

The Human Rights Commission of Sri Lanka (HRCSL) has released guidelines to the Sri Lanka Police on preventing custodial and encounter deaths, amidst 79 lives lost while under Police custody in the past five years. 

HRCSL Chairperson Justice L.T.B. Dehideniya said the General Guidelines and Recommendations No.1 of 2025 to Sri Lanka Police on Preventing Custodial and Encounter Deaths were drafted in response to the recent spate of custodial and encounter deaths. The guidelines were sent to the Inspector General of Police (IGP) on 10 May and consequently forwarded to the provisional Deputy Inspector Generals (DIGs). 

“Everyone has a right to life – a right that is protected both in our Constitution and reinforced in multiple rulings in the courts. The Police is responsible for the lives of all those in its custody,” said Justice Dehideniya. 

According to the guidelines, ‘custodial death’ refers to the death of a person in Police custody by the direct or indirect act or omission of a Police officer(s) and can take place during:

• Transit from the place of arrest to a Police detention centre or Police station
• Detention at a Police detention centre or Police station 
• Transit from a detention centre or Police station to any other authorised place (e.g. hospital) or during an investigation 

An ‘encounter death’ refers to the extrajudicial killing outside of any legal framework by a Police officer(s). 

‘79 lives destroyed’ 

In the last five years (from 2020 to 2025), the HRCSL recorded 49 custodial deaths and 30 encounter deaths. This number does not include the lives lost in prison under the custody of the State.

“That’s 79 lives destroyed,” said HRCSL Commissioner Nimal Punchihewa. The HRCSL also observed that when such incidents occur, public trust in the Police reduces as the latter is not carrying out its responsibility properly. As a result of this, the public is reluctant to come forth and volunteer information to the Police, which affects investigations as well. 

“These guidelines are not new ideas; they are already included in the Police Ordinance, the Penal Code, and other regulations. Our guidelines provide a more systematic order for the Police, so they can execute them properly,” said Punchihewa. 

Punchihewa further emphasised that the Police did not have the power to punish people: “In Sri Lanka, only the courts can punish people.” Yet, for the first quarter of 2025, the HRCSL received 28 complaints regarding torture. Last year, the independent body recorded 737 complaints about torture – an increase from the 546 complaints about torture in 2023. 

Additionally, the HRCSL received 280 complaints about arbitrary arrests in the first quarter of 2025, 1,225 in 2024, and 987 in 2023. 

“These are all interconnected. Institutions and the media have a collective responsibility to prevent such incidents,” said Punchihewa. 

HRCSL Commissioner Dr. Gehan Gunatilleke too highlighted the collective responsibility society must shoulder to prevent custodial and encounter deaths, noting that such incidents were not just a reflection of the Police but also of the society we lived in. 

The HRCSL is advocating an independent mechanism to investigate certain human rights violations like custodial deaths and torture as currently, the institution responsible for investigating the crime harbours the perpetrators too. 

“As a first small step in this direction, our guidelines call for an independent committee of investigators. In the long term, the HRCSL advocates an independent institution with adequate powers and resources to conduct investigations and provide a file to the prosecuting authorities on matters like custodial deaths,” said Dr. Gunatilleke. 

Over 300 cases per officer 

The HRCSL is also battling an ever-expanding backlog of cases, with an officer sometimes handling over 300 inquiries. 

“We are receiving more complaints than we can humanly process. This isn’t anyone’s fault, but it is the reality. It is humanly very difficult to dispose of the cases at the rate we are receiving them. People come to the HRCSL expecting relief,” said Dr. Gunatilleke. 

He highlighted the need to strengthen the system, where other institutions with specific mandates, such as the Public Service Commission and the National Police Commission, would function better. 

“If this system works, it is possible to better manage these complaints. The HRCSL has a general mandate meaning we must accept all cases. But that leads to problems, because we get more complaints than we can humanly handle, so we have to prioritise cases of the personal liberty variety, such as torture and other cases of urgent nature like pensions and school admissions,” he said. 

As of 15 March 2024, the HRCSL had 8,095 open investigations, as The Sunday Morning reported last year. In the last year alone, the commission received 9,708 new complaints and completed 8,135 investigations in total, according to Punchihewa. 

The HRCSL also published a Standard Operating Procedures (SOP) earlier this year in an effort to increase its efficiency.