Sri Lanka: The need of a war against torture

Sri Lanka: The need of a war against torture

Geneva, 26 June 2010. On the occasion of the International Day in Support of Victims of Torture, the World Organisation Against Torture (OMCT) call on the Government of Sri Lanka to show its commitment to abolish torture and other forms of ill-treatment by effectively implementing Sri Lanka’s Torture Act[1], the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) as well as signing and ratifying the Optional Protocol (OPCAT) thereto.

Even this year, long after the end of the war in May 2009, OMCT has received credible accounts of torture of suspected Liberation Tigers of Tamil Ealam (LTTE) cadres by Sri Lankan authorities, including in secret detention facilities. OMCT is especially concerned about the fate of around 9,000 individuals, alleged to be member or supporters of the LTTE, who are detained in detention centres in Vavuniya. The absence of a centralized list of detainees with their respective places of detention and restriction of access to lawyers, the International Committee of the Red Cross (ICRC) and the National Human Rights Commission (NHRC) has increased the vulnerability of detainees to torture and disappearances.

OMCT has also received credible testimonies of torture from across the country, including in cases not related to the ethnic conflict or terrorism. Such testimonies indicate that torture remains a widespread practice used by State’s police forces with impunity in clear violations of Sri Lanka’s national laws and obligations under international human rights law. Beating with various weapons, falaqa and suffocation, among other practices, are routinely used by law enforcement officials for interrogation purposes and as personal vendettas.

The Prevention of Terrorism Act (PTA) and the Emergency Regulations (ER), which remain in place although the armed conflict has ended, give the police and the military extensive powers in clear disregard of basic legal safeguards, including the admissibility of confessions made while in detention.

Most of the documented cases of torture and ill-treatment are not promptly nor impartially investigated and when they are, the alleged perpetrators are not prosecuted. Despite several recommendations, including by the UN Committee against Torture and the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, to address this issue including by guaranteeing that the violations are investigated by an independent body, to this day, no such independent system is functioning. At present, the Attorney General, who is responsible for investigating allegations of torture, relies on police investigations making complaints often unsuccessful. In addition, in the absence of a victim and witness protection law or programme, victims and witnesses, who cooperate with investigations and court proceedings, may face serious risk, including death.

The National Human Rights Commission and the National Police Commission, two domestic institutions that have the potential to play an important role in the prevention of torture, have been rendered weak by the Government’s refusal to ensure appointments through the Constitutional Council as provided by Sri Lankan law. The restoration of independence to these institutions, in line with the 17th amendment of Sri Lanka’s Constitution, is an urgent requirement to strengthen the domestic institutional framework to address torture.

OMCT recalls that it is incumbent on the competent Sri Lankan authorities to consider seriously any allegations of torture and other forms of ill-treatment, to undertake a prompt, effective, thorough, independent and impartial investigation in this regard in order to identify all those responsible, bring them to trial and apply adequate sanctions. By doing so, the Sri Lanka authorities would send a clear message to the law enforcement officials that torture and other forms of ill-treatment are absolutely prohibited at risk of an investigation as well of disciplinary and penal sanctions.

On this specific day dedicated to the victims of torture and other forms of ill-treatment, OMCT recall that the victims concerned must be ensured the right to an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation. In the present situation, however, which is characterized by a climate of persisting impunity, victims of such practices fail to obtain justice. Yet justice is instrumental for the victims' dignity to be restored.

For purposes of remedying this situation of injustice, OMCT calls upon the Government of Sri Lanka to live up to its responsibility under international law and to take the necessary steps to effectively implement relevant Sri Lankan laws, including the Torture Act, the 17th amendment to the Constitution as well as the UNCAT and to sign and ratify the Optional Protocol thereto.

Contact:
OMCT: Eric Sottas, Secretary General, Tel. +41 22 809 49 39

[1] Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994