Significant steps to address issue of torture

Excerpts of speech delivered by Mahinda Samarasinghe, Minister of Disaster Management and Human Rights at of a symposium to commemorate the International Day Against Torture on June 26, 2006.

TORTURE: June 26 was not a date chosen at random to commemorate the International Day in Support of Victims of Torture. It was on this day in 1987, almost 20 years ago, that the Convention against Torture came into force.

It is also the day, that the United Nations Charter was signed - the first international instrument obligating Member States to promote and encourage respect for human rights.

In his message on the International Day in Support for Victims of Torture in 2005, UN Secretary-General Kofi Annan said this ".... is an occasion to reaffirm our commitment to eradicate torture and cruel, inhuman or degrading treatment or punishment, in whatever guise or manifestation they occur.

It is an occasion to pause and remember torture victims who have not survived, to listen to the stories of those who have, and to support their quest for justice for torture victims and their families..." It is in recognition of the importance of this day that the Ministry of Disaster Management and Human Rights decided to commemorate this occasion in collaboration with the Centre for the Study of Human Rights of the University of Colombo, so as to increase awareness of and sensitivity to this issue amongst government ministries and agencies, the Armed Forces, the Police, non-state actors, and the general public.

The Government has taken some significant steps towards addressing the issue of torture in Sri Lanka. Recently, the Permanent Standing Committee on Human Rights was reconstituted under the joint chairmanship of the Minister of Foreign Affairs and myself to provide policy guidance and leadership to the State machinery in respect of the protection and promotion of human rights.

Some of the decisions made by the Permanent Standing Committee relate to the issue of torture. These decisions were taken up under my Chairmanship by the Inter-Ministerial Committee on Human Rights, which is the executing arm of the Permanent Standing Committee.

In the light of the procedural shortcomings relating to the operation of the 17th Amendment to the Constitution, the President has decided to recommend to Parliament the appointment of a multi-party Parliamentary Select Committee with a view to resolving these procedural shortcomings, and further strengthening the objectives of the 17th Amendment under which the Constitutional Council is set up.

We view this exercise as a further confidence-building measure among all citizens in Sri Lanka. With this corrective measure, we hope that all impediments to the effective functioning of the Constitutional Council and Independent Commissions will be removed.

This measure is also in keeping with the recommendations of the Committee Against Torture in its November 2005 report, to strengthen the Human Rights Commission and the National Police Commission so as to allow them to function effectively.

It is important to note that the Human Rights Commission of Sri Lanka has declared a zero tolerance policy against torture. In the recent past, the Commission has fast tracked torture cases, established a special unit, and appointed special teams to make surprise visits to places of detention.

The Committee Against Torture has also acknowledged in its report..." the significant role of the National Police Commission in disciplinary investigations of the police force..." and points out that the Commission should be given adequate resources and full cooperation by the Sri Lanka Police in its work.

In the recent past, 106 police officers against whom criminal charges of torture were initiated under the instructions of the Attorney General, have been interdicted. These officers submitted a fundamental rights application alleging that the interdictions were a violation of their fundamental rights. The Supreme Court, however, refused to grant leave to proceed in these applications.

The Police, led by the Inspector General of Police Chandra Fernando, have also taken some important steps recently to address the issue of torture. The circular re-issuing the Presidential Direction of 31st July 1997 with regard to the procedure that should be followed on the arrest and detention of persons is being drafted.

At the last Inter-Ministerial Committee meeting, the Inspector General of Police undertook to put up posters (displayed by the Human Rights Commission previously), in all three languages in all police stations to inform people of their rights including the right to visitation by family members.

All three Forces and the Police have also established directorates of human rights which are fully functional, and the Armed Forces have set up human rights cells with the power to investigate human rights violations.

It is also heartening to note that the Police and Armed Forces have conducted human rights education programmes in cooperation with the ICRC and other international and local partners.

International donors have already expressed interest in supporting the continuation of such education programmes, and the Armed Forces and Police are in the process of submitting proposals to my Ministry with a view to building capacity at the focal point levels so that training can be provided on a sustainable basis.

Finally, I would like to refer to the decision taken by the Government of Sri Lanka and the LTTE at the sixth round of talks in March 2003 in Hakone, Japan, which called upon Iam Martin, International Advisor on Human Rights to the Peace Process, to develop three aspects for a proposed human rights roadmap.

These three aspects were the drafting of a Declaration of Human Rights and Humanitarian Principles, the planning of a programme of human rights training for LTTE cadres and Government officials; and strengthening of the Human Rights Commission of Sri Lanka to enable it to develop capacity for increasing effective monitoring throughout the country.

Whilst the Government of Sri Lanka indicated its willingness to move forward on this basic, regrettably, the LTTE wanted these discussions deferred. I hope that the LTTE can be re-engaged as soon as possible on the need to address human rights issues as a matter of urgency.

I do sincerely hope that this event will contribute to heightening awareness amongst the relevant Government ministries and agencies, Police and Armed Forces, non-state actor, and the public at large, about the issues surrounding torture, and the fact that the Government of Sri Lanka condemns torture without any reservation.