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Almost every country, including Sri Lanka, recognizes that torture counts as one of the most pernicious violations of human dignity. Not only does the systematic and widespread use of torture traumatize the victim and his or her family, but it terrorizes the community as a whole and undermines the rule of law throughout the country.
Anyone concerned about human rights must welcome the release of the special report of the Asian Legal Resource Centre (ALRC) entitled "Torture by the Police in Sri Lanka" as part of the Centre's Article 2 publication. The report details 22 recent case studies of torture perpetrated by the police in Sri Lanka, not in the context of the longstanding armed conflict that has raged there, but in the course of 'regular' business. Drawing on authoritative, publicly available sources, such as the reports of the Judicial Medical Officer, official Supreme Court applications, complaints, orders and judgements, and other judicial records and testimony, the ALRC report uncovers a shocking pattern of human rights abuse. Many of the cases involve severe abuse suffered at the hands of police, often in connection with petty or unwarranted accusations, property disputes or seemingly without any reason at all. Once in detention, victims have suffered rape, severe beatings, and even murder. The pattern of abuse has come to the attention also of the British Broadcasting Corporation (Sinhala Service), the Geneva-based World Organization against Torture (OMCT), Amnesty International and Human Rights Watch, among many other groups.
Various organs of the United Nations Commission on Human Rights have also looked into the human rights situation in Sri Lanka, but mainly as regards the armed conflict situation (see for example, Report of the Special Rapporteur on Extrajudicial, summary or arbitrary executions, Mr. Bacre Waly Ndiaye submitted pursuant to Commission on Human Rights resolution 1997/61; UN Commission on Human Rights (E/CN.4/1998/68/Add.2 of 12 March 1998) and also E/CN.4/1998/38/Add.1; the Report of the Special Rapporteur on the independence of judges and lawyers, Mr. Param Cumaraswamy, submitted in accordance with Commission resolution 1999/31 (E/CN.4/2000/61/Add.2 of 24 March 2000); the Report submitted by Ms. Hina Jilani, Special Representative of Secretary-General on human rights defenders, pursuant to the Commission on Human Rights resolution 2000/61 (E/CN.4/2002/106 of 27 February 2002); the Report of the Special Rapporteur on violence against women, its causes and consequences, Ms. Radhika Coomaraswamy, submitted in accordance with Commission on Human Rights resolution 2000/49 (E/CN.4/2002/83/Add.1 of 28 January 2002); the Report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/2000/64 of 21 December 1999); and the Report of the Working Group on Enforced or Involuntary Disappearances on the visit to Sri Lanka by a member of the Working Group on Enforced or Involuntary Disappearances (25-29 October 1999) (E/CN.4/2000/64/Add.1 21 December 1999).
Now that peace seems to be at hand in Sri Lanka, the Government must seize the opportunity to re-establish human rights and the rule of law, not only in former conflict zones, but throughout the country. The immediate challenge for the Government is to show its seriousness actually to implement the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22, it adopted in 1994, and to compensate victims for the immense suffering they have endured.
Perhaps most important, the ALRC report makes well-thought out and constructive recommendations to the Government to eradicate torture in Sri Lanka in a feasible and sustained way. Now it is up to the Government and all other responsible bodies and organs to seriously tackle the problem.
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Dr. Lyal S. Sunga, 2 October 2002
The University of Hong Kong Faculty of Law
Hong Kong, China
Posted on 2002-10-03
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