Zero tolerance for torture says Govt. in response to Juan Mendez report

Sri Lanka is firm in its commitment to a zero-tolerance policy on torture, the Government told the Human Rights Council after a report by the UN Special Rapporteur on Torture saying a ‘culture of torture’ persists in the island was tabled in Geneva yesterday

Delivering the Government’s official response to the report at the 34th Session of the UNHRC yesterday, Permanent Representative of Sri Lanka to the UN, Ambassador Ravinatha Aryasinha reiterated remarks made by the Foreign Minister in Geneva earlier this week, saying that the Government’s approach was that “even one incident of torture is one too many”.

In his report to the Council, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment who visited Sri Lanka in April-May 2016, said torture, ill-treatment, including of a sexual nature still occur in Sri Lanka, particularly in the early stages of a suspect’s arrest and interrogation. These methods were used for the purpose of eliciting confessions, the UN Special Mandate Holder noted in his report.

“Torture is part of the legacy of Sri Lanka’s armed conflict, and one reason why citizens of the country continue to live without minimal guarantees of protection against the power of the state, and particularly its military, the UN Special Rapporteur on Torture observed in the report tabled in Geneva on 2 March.

The Government was studying the report with “due diligence”, Ambassador Aryasinha told the Council. “Our end objective is to prevent and combat torture and we are committed to taking steps towards this end,” he explained.

The Sri Lankan Envoy to the UN added that in keeping with the Government’s commitment to transparency and honest engagement, the Special Rapporteur on Torture had been granted unrestricted and unhindered access to all places that he wished to visit. “The Special Rapporteur and his team had unrestricted access to all places of detention and unimpeded access to meet with detainees in private in any part of the country,” Ambassador Aryasinha noted.

In his response to the Mendez report, Ambassador Aryasinha added that the Government would be grateful for further information being provided to the Government towards facilitating the investigation of allegations of torture and ensure justice.   

In its response to the Council, the Government delegation said President Maithripala Sirisena who was commander in chief of the armed forces had issued directives in June 2016 requiring the armed forces and police to ensure that fundamental rights of persons arrested or detained are respected and that such persons are treated humanely; and assist and facilitate the Human Rights Commission of Sri Lanka to exercise and perform its powers, functions and duties. 

Outlining Sri Lanka’s other steps taken to mitigate incidence of torture in custody, Ambassador Aryasinha noted that after the visit of the Special Rapporteur, a Committee had been established in July 2016 by the Ministry of Law and Order to take preventive measures on allegations of torture. This committee requires, among other things, the Police to forward a monthly report to the Committee in respect of torture cases reported each month, the Government representative said. Ambassador Aryasinha added that experts on torture prevention, representatives of the Bar Association of Sri Lanka, the Attorney-General’s Department, and senior members of the Sri Lanka Police were on the Committee.

He also told the Human Rights Council that the ICRC in Sri Lanka has been granted access and visits persons detained in prisons based on a MoU between the Government and the ICRC. “This agreement primarily focuses on persons held under the Prevention of Terrorism Act. However, in practice, Sri Lankan authorities have provided broader access to all detainees held in places of detention,” Ambassador Aryasinha noted. (DB)