When someone is arrested, it doesn’t mean they are guilty; it’s just a transfer of responsibility to the State, which should ensure their safety and fair treatment. However, what happens when police custody becomes a place of fear and violence? Sadly, not everyone in custody is a criminal, yet society often unfairly labels them as guilty. Many human rights abuses go unnoticed, creating a dangerous culture of impunity.
Nagarasa Alex
Recent incidents in Sri Lanka highlight this issue, such as the deaths of two men in Mattakkuliya who were taken by the police to recover weapons and were later found dead. These cases involving ordinary citizens show a worrying trend of injustice and a lack of empathy. If this continues, there is a real risk that those meant to protect us could instead become a source of fear.
This article explores the growing problem of police torture and custodial deaths in Sri Lanka, aiming to raise awareness and promote justice and human rights.
Death of Nagarasa Alex
One of the unfortunate examples of custodial death in Sri Lanka is the tragic case of Nagarasa Alex in Vaddukoddai Jaffna. His story is a painful reminder of how state power, when unchecked can lead to devastating consequences.
In November 2023, 25-year-old Alex was arrested by the Vaddukoddai police along with his friend, Suthakaran Thuvarakan, on suspicion of theft. Neither of them was formally charged. Instead, they were subjected to relentless torture for over 72 hours while in police custody. Thuvarakan’s first hand experience gives a gruesome picture.
Alex’s brother
“They continued to torture us from the moment they took us. Behind the Vaddukoddai Police station, there is a room. They kept both of us at first in that room and continuously beat us. I heard Alex screaming in pain as he was being beaten. The police beat us in an inhumane manner. They did not even provide us with any food. I remember Alex vomiting blood”, Thuvarakan said and added, “They forcibly took our signatures on blank sheets of paper. I remember Alex’s arm was broken because he was beaten while he was hanging from a rope. They forcibly took his fingerprint”
Three days later, the victims were taken to Court and sent to jail. The judge then examined Alex’s condition and ordered him to be admitted to hospital. Despite his deteriorating health, Alex was moved from the hospital back to prison where his condition worsened. Thuvarakan, who was with Alex until his final moments, described how his friend’s strength faded and how he ultimately died in his arms.
“He didn’t even have the strength to get up. His hands were so damaged. I wondered why they sent him back to prison from the hospital. I was the one who witnessed his last moments. I fed him but he vomited it all. Towards the end, he asked me to raise his hand and place it on his chest. After a while, he just leaned back. I thought he was asleep. Then, a little later, I looked closely and found there was no movement in his body. I shouted out to the prison staff for help. They immediately came and took him away. Only then did I hear the news of his death.”
This is just a small part of the story from Alex’s arrest up to the time of his death. His death was a deep personal tragedy for the entire family. The rusting machine he once used in the paddy field serves as a silent testament to their loss, he said.
Samith Dilshan
Four police officers were arrested following Alex’s death. They were later granted bail. The Court proceedings related to the death are still ongoing. However, Alex’s family has not yet received any compensation or justice to date.
Death of Samith Dilshan
Adding to the distressing pattern of custodial violence is the tragic death of 24-year-old Samith Dilshan in March 2024. Dilshan, a young father from the Talpitiya area in Wadduwa lost his life after allegedly enduring severe torture by the Wadduwa police. Dilshan’s case like that of Alex in Vaddukoddai highlights the deep-seated issues in Sri Lanka’s law enforcement practices.
Dilshan’s story began with an arrest by the Wadduwa Police following a traffic accident. Though he was released on Police bail the same day, he returned home in a bad state and was vomiting blood. His family rushed him to the Panadura Base Hospital. Despite medical intervention, he succumbed to his injuries the next morning.
Dilshan’s wife, 25-year-old Oshini Lakmali, shared her experience while holding their one-and-a-half-year-old sick child, “My husband was a person who did not have any bad habits. He worked as a tiler. The police arrested him around 11.30 a.m. on March 10. Then, they took him to the Wadduwa Police Station and tortured him brutally until 11:30 pm. Then he came home with great difficulty, vomiting blood. We were scared and took him to hospital. But the next morning (11), my husband passed away. I saw that he had injuries all over his body from the police beating and kicking him.”
Y.S. Dharshana Silva
Another witness to the brutality, 55-year-old Y.S. Dharshana Silva, who was arrested along with Dilshan, said how both of them were subject to alleged unprovoked and relentless violence by the police.
“They were chasing us on two motorcycles. We didn’t know who they were because they were dressed differently. So we drove fast. At one point, we hit another bicycle and fell. Then they caught us and started beating us, saying that they were police officers. When the public surrounded us on the street, they said we were thieves and they put us in a three wheeler and took us to the police station” he said.
“At the police station they again started beating us and saying that we had drugs. But at that time, we did not have any kind of drugs. When Dilshan fell in pain, they did not stop. Finally, my wife came to the police station and shouted, then they let us go. My wife also saw Dilshan being beaten on the head”, he said.
Dilshan’s young child still waits for his father to return and his wife clings to the hope of justice in a system that often fails the vulnerable. Although four police officers were arrested in connection with his death, the family remains without answers or compensation.
The case surrounding the death of Samith Dilshan is currently ongoing at the Panadura Court. The legal team representing the deceased including Advocates Senaka Perera and Dhanushka Silva from the Committee for the Protection of Prisoners’ Rights (CPRP), have made several critical submissions to Court.
Alex’s
mom
“We submitted three requests to Court regarding this incident. The first issue is that this case was initially filed under Sections 314, 315, and 331 of the Penal Code, which pertain to assault and illegal imprisonment. However, we have requested that the charges be upgraded to Section 294 of the Penal Code Ordinance, which addresses murder. The rationale is clear: the victim is now deceased, and the charges should reflect the severity of the crime.” Counsel Dhanushka Silva said.
The second concern raised by the legal team revolves around the conflicting medical opinions:
“There are two differing opinions from the Judicial Medical Officer (JMO) regarding this case. We have requested a fresh opinion to determine the proximate cause of death. Dilshan was a healthy 24-year-old with no underlying medical conditions. Our goal is to establish that the primary cause of his death was the assault he endured at the police station.”
The third and equally significant issue involves the scope of accountability.
“While four police officers have been arrested in connection with this assault, evidence suggests that around ten other officers were also involved. We have demanded a thorough investigation into all individuals connected to this incident, ensuring that they, too, face justice. The Human Rights Commission has also launched an investigation into this matter,” Counsel Silva added.
The story of Samith Dilshan like that of Alex is not an isolated incident. It is a stark reminder of how systemic violence and a lack of accountability continue to threaten the very foundations of justice and human rights in Sri Lanka. These cases urge one to question how many more lives must be lost before meaningful change is enacted.
Striking similarities
There are striking similarities between the tragic police torture and custodial deaths of Alex and Samith Dilshan. Both victims came from ordinary families with no understanding of legal procedures or rights. Their families did not even have any kind of documents with them. This makes their ignorance and lack of knowledge clear. Their arrests were marked by illegal and inhumane treatment showcasing a disturbing pattern of abuse within law enforcement.
These cases echo a broader trend in Sri Lanka, where victims of police brutality and custodial deaths are often vulnerable individuals from humble backgrounds. From R. Rajakumari, who was beaten to death at the Welikada Police Station after coming to Colombo as a maid, to recent cases, the victims are predominantly everyday citizens with little means to seek justice.
The families of Alex and Dilshan are now left in a state of despair, having lost their primary breadwinners. The impact is especially dire for their children who face an uncertain future with no support. These cases underscore a systemic issue where ordinary families are left shattered, both emotionally and economically by unchecked police violence.
Landmark judgment
In Rathnayake Tharanga Lakmali v Niroshan Abeykoon, delivering a landmark judgment, the Supreme Court of Sri Lanka ruled that the extrajudicial killing of a suspect in police custody violated the right to life, despite the absence of an explicit constitutional provision for this right. The Court ordered the state to pay Rs. 1 million as compensation to the petitioner, the deceased’s wife. The case involved the killing of a suspect at the Embilipitiya Police Station, where the petitioner argued that her husband had been illegally arrested, tortured, and killed. The Court found the police’s explanation of the suspect’s death highly untenable, highlighting the lack of adherence to basic security protocols.
Although the judgment acknowledged the right to life under Articles 11 (freedom from torture) and 13(4) (freedom from arbitrary punishment), it narrowly defined this right as mere existence, without addressing dignity or quality of life. The ruling also did not address the legality of the arrest and detention and exposed significant delays in the judicial process. While the judgment marks progress in recognising custodial deaths as a violation of fundamental rights, it fell short of ensuring effective investigations or prosecutions against the perpetrators. Nevertheless, it represents a positive step toward upholding constitutional values and international human rights obligations in Sri Lanka.
Reflecting on the tragic deaths of ordinary citizens such as Alex and Samith Dilshan reveals a stark reality—brutal incidents transcend communal lines, impacting communities from Jaffna to Wadduwa alike. To prevent such custodial deaths we need a system that ensures accountability within law enforcement while also delivering justice to past victims.
Pix by Manuli Lavanya Sirikumara
