The tragic death of 26-year-old M. Sathsara Nimesh, while in police custody at the Welikada Police Station, has reignited calls for a new Constitution in Sri Lanka, one that explicitly guarantees the fundamental rights of individuals and provides stronger accountability mechanisms to prevent custodial deaths and police brutality.
Co-Convener of the Citizens’ Constitutional Council, Vimukthi Dushantha said that the case reflects a systemic issue.
“Every individual has an inherent right to live, a fundamental human right that must be upheld under all circumstances,” he said.
While the Sri Lanka Constitution prohibits torture and unlawful punishment, it does not explicitly recognise the right to life as a standalone fundamental right, creating legal ambiguity and accountability gaps in cases such as custodial deaths.
Due to the alarming frequency of custodial deaths, the Citizens’ Constitutional Council is demanding sweeping reforms.
A key component of their demands is the drafting and implementation of a new Constitution, one that explicitly protects citizens’ fundamental rights, ensures justice, and holds violators accountable.
The Citizens’ Constitutional Council has already submitted a letter to the President and the Government, outlining a series of urgent demands in light of the recent custodial death of M. Sathsara Nimesh.
These include conducting an independent, impartial, and transparent investigation into the incident; setting up an independent commission to monitor complaints against the police; ensuring the prompt prosecution of those responsible; implementing strict safeguards to prevent torture in police custody; accelerating comprehensive police reforms; and immediately initiating the process to draft a new Constitution.
Dushyantha said that the Council will also continue to pressure authorities until legal action is taken and justice is served.
Cycle of abuse
Although the Sri Lanka Police are Constitutionally tasked with maintaining law and order, its record is marred by allegations of brutality. Suspects have repeatedly died in custody, with multiple reports pointing to police assault as the cause.
These incidents have continued with no administration taking decisive steps to end the cycle of abuse.
The latest case is that of Nimesh of Meegahakivula, who was arrested on April 1 for allegedly behaving violently after entering a private residence in Rajagiriya. Police said he was uncontrollable in custody and was transferred to the National Institute of Mental Health in Mulleriyawa, where he died the next morning.
According to the police, Nimesh was alive when he was admitted to the hospital around 11 p.m. and died an hour later. However, his mother said that hospital staff had told her he was already dead upon arrival. She also reported seeing visible injuries on his body and questioned how such injuries could be consistent with a death supposedly due to mental health issues.
Further raising suspicion, she said that her son’s clothes had been changed, his original garments were later found discarded in a garbage bin. A phone call from a friend while Nimesh was in custody reportedly caught him crying and repeating, “I’m not a thief,” suggesting he may have been under distress or assault.
Chairman of the Committee for Protecting Rights of Prisoners, Attorney-at-Law Senaka Perera maintains that police assault caused Nimesh’s death.
“This is not an isolated incident,” Perera said, pointing to a similar case a few months ago in Wadduwa, where another young man died following an alleged police beating.
Legal action
Perera said that his organisation will pursue legal action on behalf of the victim’s family. Although the post-mortem examination has not yet determined a conclusive cause of death, it did reveal injuries to the head and chest. The relevant body parts have been sent to the Government Analyst for further examination.
Meanwhile, the Police have commenced its own investigation on the incident. Senior Superintendent of Police (SSP) Buddika Manatunga said that the Nugegoda Division Criminal Investigation Unit has begun an inquiry. Yet, the gap between official statements and testimonies from the victim’s family and civil society only deepens public mistrust.
The recurring nature of such deaths has sparked a broader national conversation about justice, policing, and Constitutional rights. Lawyers said that only through a new Constitution, one rooted in human dignity, legal safeguards, and institutional accountability can Sri Lanka hope to end custodial deaths and restore faith in its justice system.
