Frequent Visits By UN Special Rapporteurs & Sri Lanka’s Defiance In Implementing Their Recommendations
Kumarathasan Rasingam
Although Sri Lanka has invited several UN human rights experts to visit over the past two years and has given them free and unfettered access, the government has largely disregarded their recommendations.
UN Special Rapporteur on Human Rights and Counter-Terrorism, Ben Emmerson, at a media briefing at the conclusion of his mission to Sri Lanka after his visit from 10 July to 14 July 2017
The Special Rapporteur is encouraged by the Government’s recent adoption of a ‘zero tolerance policy’ towards to the use of torture; and by the appointment in July 2016 of a Committee to Eradicate Torture by the Police. In Sri Lanka, however, such practices are very deeply ingrained in the security sector and all of the evidence points to the conclusion that the use of torture has been, and remains today, endemic and routine, for those arrested and detained on national security grounds. Since the authorities use this legislation disproportionately against members of the Tamil community, it is this community that has borne the brunt of the State’s well-oiled torture apparatus.
This is widely used for those who are arrested under the DRACONIAN Prevention of Terrorism Act [PTA} [torture sexual assault and obtaining false confession letters for crimes not committed by the victims]
He notes that the Human Rights Commission is now routinely informed when an individual is detained under the PTA and has unfettered access to all places of detention. However, in a system that is premised on obtaining convictions by confessions, this, and other safeguards, have proved entirely insufficient to protect suspects against this most cowardly of international crimes.
Note: The DRACONIAN Prevention of Terrorism Act [PTA] is not repealed until now:
It is one on the condition [to repeal PTA] by the European Union to offer GSP+ concession which is not yet implemented.
The Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Juan E. Méndez, conducted a visit to Sri Lanka from 29 April to 7 May 2016
Regarding the legal framework, the Special Rapporteur recommends that the Government:
(a) Immediately repeal the Prevention of Terrorism Act;
(b) Review any draft legislation to replace the Prevention of Terrorism Act (national security act, state intelligence services act and prevention of organized crimes act) to ensure safeguards against arbitrary arrest and torture or cruel, inhuman or degrading treatment; provisions for access to legal counsel from the moment of deprivation of liberty, strong judicial overview of law enforcement and security agencies and protections for the privacy rights of citizens; and that there is a timely, robust and transparent national debate on the bills that is inclusive of all civil society;
(c) Immediately withdraw the proposed amendment to the Code of Criminal Procedure Act that would deprive a suspect of access to a lawyer until his or her statement has been recorded, and enact legislation that strengthens the right of suspects to prompt and regular access to lawyers from the moment of arrest;
(d) Ratify the Protocols Additional to the Geneva Conventions of 12 August 1949 and sign, and ratify, the Rome Statute of the International Criminal Court; (Enact implementing legislation for all international treaties Sri Lanka has ratified, including the International Covenant on Civil and Political Rights
