The International Day in Support of Victims of Torture and other cruel, inhuman, or degrading treatment fell on 26 June. Following a resolution presented to the United Nations General Assembly on 12 December 1997, 26 June has been observed as the United Nations International Day in Support of Victims of Torture since 1998. Since 2004, the Right to Life Human Rights Centre has been organizing various programmes to mark this day, aiming to strengthen activism against torture, and provide legal and psychosocial support to victims of torture.
The Month against Torture and the Voice Rising from Anuradhapura
This year, to mark the occasion, we declared a month against torture and planned to conduct several programmes. The first dialogue on this topic, themed ‘Is torture indispensable?’, was held in Colombo on 14 May. Subsequently, another dialogue on the subject was held in Monaragala on 11 June.
This year, we held the main commemoration on 26 June in the city of Anuradhapura. There were several primary reasons for choosing Anuradhapura. One reason was that the case of a young girl, who was allegedly sexually abused by a well-known Buddhist monk, was being heard at the Anuradhapura courts on 26 June, and we facilitated the participation of our lawyers in the proceedings. Our objective was also to support the peaceful protest organized by several civil society organizations on that day, advocating for the girl’s rights. Furthermore, the event aimed to draw public attention to the ever-increasing incidents of child abuse in Sri Lanka, especially considering that Anuradhapura has become a district with a high prevalence of reported child abuse, according to statistics from the National Child Protection Authority.
Moreover, among the complaints reported to our Anuradhapura Human Rights First Aid Centre, the highest number of complaints relates to the filing of false charges under Section 54 of the Dangerous Drugs Act. The intention to initiate a broad social dialogue on this issue was another factor behind our choice of location.
A Broad Dialogue to Eradicate Torture
Another important discussion on this subject is scheduled to be held on 2 July. This discussion, which aims to explore measures for eradicating torture in Sri Lanka and consult stakeholders, will be attended by Members of Parliament, state officials, representatives of independent commissions, lawyers, doctors, civil society representatives, and human rights activists.
The Gap between Law and Practical Reality
Torture and other cruel, inhuman, or degrading treatment have been prohibited by our law for many decades. Accordingly, subjecting anyone to torture, and other cruel, inhuman, or degrading treatment through an executive or administrative action of the State, has been established as a violation of fundamental rights under Article 11 of the Constitution. Furthermore, under Act No. 22 of 1994, inflicting physical or mental torture on anyone has also been made a criminal offence.
However, despite these laws having been in existence for decades, it is evident through daily reported incidents that certain officials act with blatant disregard for them. Although Sri Lanka is internationally bound by treaties as a State with zero tolerance for torture, the government has still failed to prevent the torture that exists within the Sri Lankan State apparatus, including the police, prisons, and the school system.
International Intervention and United Nations Observations
Sri Lanka, which signed the United Nations Convention against Torture in 1994, incorporated the convention into its domestic criminal law through Act No. 22 of 1994. Subsequently, in 2017, Sri Lanka also signed the Optional Protocol to the Convention against Torture (OPCAT). According to this protocol, the Government of Sri Lanka must establish a National Prevention Mechanism (NPM) to prevent torture. Currently, this mechanism has been established through the Human Rights Commission of Sri Lanka. This mechanism is vested with numerous powers, including providing necessary advice and recommendations to the government to prevent torture, and inspecting any detention centre.
Moreover, as a result of signing this protocol, the United Nations Subcommittee on Prevention of Torture (SPT) has been given the opportunity to visit Sri Lanka, observe how these mechanisms are being implemented, meet relevant parties to gather information, and inspect detention centres.
Accordingly, the United Nations Subcommittee on Prevention of Torture (SPT) visited Sri Lanka from 14 to 24 June, observing the conditions of torture in Sri Lanka and how the National Prevention Mechanism operates to prevent torture. This team had previously visited Sri Lanka in 2019. During this visit, the committee met separately with public representatives, victims, human rights organizations, human rights defenders, and civil activists to gather information, and also inspected detention centres. Following this, they are required to submit a confidential report to the government.
On 29 June, the committee issued a statement expressing that an effective national preventive mechanism against torture and other cruel, inhuman, or degrading treatment is urgently needed.
Proposals of the ‘Right to Life’ Organization for the Eradication of Torture
Parallel to this process, the Right to Life Human Rights Centre submitted a report to the United Nations Subcommittee on Prevention of Torture (SPT), presenting the following proposals:
- Vigorously initiating criminal prosecutions against perpetrators of torture under Act No. 22 of 1994.
- Immediately amending the Prevention of Terrorism Act (PTA) and drug laws to prevent long-term and arbitrary remand imprisonment.
- Abolishing the current restrictive 30-day time limit for filing fundamental rights petitions.
- Establishing tamper-proof CCTV surveillance systems in all police stations, and making body-worn cameras mandatory for arresting officers.
Philip Dissanayake, Executive Director ā Right to Life Human Rights Centre