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| Title | Torture in Custody |
| Publisher | Amnesty International |
| Country | Sri Lanka |
| Publication Date | 1 June 1999 |
| Citation / Document Symbol | ASA 37/10/99 |
| Cite as | Amnesty International, Torture in Custody , 1 June 1999, ASA 37/10/99, available at: http://www.unhcr.org/refworld/docid/3ae6a9c78.html [accessed 11 February 2012] |
| Comments | For years, torture has been among the most common human rights violations reported in Sri Lanka. It continues to be reported almost (if not) daily in the context of the ongoing armed conflict between the security forces and the Liberation Tigers of Tamil Eelam (LTTE), fighting for an independent state, Eelam, in the north and east of the country. In addition, police officers regularly torture criminal suspects and people taken into custody in the context of local disputes over land or other private issues. The scale of this problem is borne out by many testimonies obtained by Amnesty International from victims of torture, by medical certificates corroborating these testimonies, by judgments of the Supreme Court in fundamental rights cases, as well as by reports of commissions of inquiry and various investigative bodies set up by the government. For instance, the Committee to Inquire into Unlawful Arrests and Harassments received 47 complaints of torture between July and December 1998. The prevalence of torture is intrinsically linked with other human rights violations, particularly the long-term pattern of 'disappearances' reported from the country. Many of the thousands of cases of 'disappearances' reported in Sri Lanka since the early 1980s concern detainees alleged to have died under torture in police or army custody whose bodies were subsequently disposed of in secret. In May 1998, Sri Lanka appeared for the first time before the Committee against Torture, the international body of experts monitoring the implementation of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereafter, UN Convention against Torture). The government's delegation acknowledged torture was a problem in the country and pledged that 'every effort would be made' to put into effect the conclusions and recommendations of the Committee. Amnesty International has welcomed several measures taken over the last few years which, if fully implemented, could go a long way towards assisting the eradication of torture in Sri Lanka. Among them are the ratification of the UN Convention against Torture in January 1994, the passing in November 1994 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act which gave effect to Sri Lanka's obligations under the UN Convention against Torture, the establishment of the Human Rights Commission of Sri Lanka and the issuing of specific presidential directives aimed at safeguarding the welfare of political detainees. This report describes the different facets of torture, rape and death in custody in Sri Lanka. It seeks to identify the legal, institutional and political factors which allow these human rights violations to happen and impede victims and their relatives from obtaining redress. It concludes with a set of recommendations to the Sri Lankan authorities which complement those of the Committee against Torture, and, if implemented, would help to check these serious human rights violations. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Torture in Custody
SRI LANKA: Torture in custody