Sanjeewa, Attorney-at-Law (on behalf of Gerald Mervin Perera) vs. Suraweera, Officer-in-Charge, Police Station and Others, SC No. 328 of 2002 (FR), Supreme Court of Sri Lanka, 27 February 2003

Gerald Perera was arrested by the police, on information of a murder allegedly committed by a certain Gerrard. While on custody, Perera was allegedly hung with a rope, beaten with iron pipes and wooden poles and his hand burned with lighted matches. He was release without any statement recorded and was told by a respondent that they had made a mistake. Perera was brought to the hospital for emergency treatment where he remained under intensive care for several days, and further hospitalized for months having suffered from acute renal failure and several other injuries. The petition was filed alleging that Perera's right against arbitrary arrest, detention and punishment was violated. Respondents admit that Perera was arrested and that they used force, albeit minimal, on him. The court found in favor of Perera. There is no doubt whatsoever that he had been tortured and how exactly he had been tortured does not matter in the least. The failure to release the Petitioner promptly or at least to secure prompt medical attention for him, was cruel and inhuman.

Respondents also argued that the claimed reimbursement is exorbitant and petitioner should have just sought treatment at a State rather than a private hospital. The court said that citizens have the right to choose between State and private medical care, and in the circumstances, the choice was not unreasonable - and was probably motivated by nothing other than the desire to save his life. Article 12 of the International Covenant on Economic Social and Cultural Rights recognizes the right of everyone “to the enjoyment of the highest attainable standard of physical and mental health.”