Deshapriya v. Captain Weerakoon, Commanding Officer, Sri Lanka Navy Ship ‘Gemunu’ and Others – sllr 2003 volume 2 page 099

In the case between Deshapriya (Plaintiff) and Captain Weerakoon with other officers of the Sri Lanka Navy (Defendants), the court addressed the issue of whether the plaintiff’s fundamental rights under Article 11 of the Constitution were violated through acts of torture and cruel, inhuman, or degrading treatment during his detention. It was held that the evidence established a clear violation of Article 11, with the Commanding Officer held responsible for acts perpetrated by subordinates due to a failure in duty of care and oversight. The principle reaffirmed attributed direct and vicarious liability to commanding officers for ensuring humane treatment of detainees. The court awarded compensation and directed measures for accountability and prevention, drawing on constitutional guarantees