Your Excellency,
On 18 December 2002, the UN General Assembly finally voted, by an overwhelming majority, the adoption of the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). The OPCAT seeks to establish a system of regular visits to places of detention carried out by complementary international and national independent expert bodies in order to prevent torture and ill-treatment from occurring. It is based on the notion that the more open places of detention are, the less abuse will take place. It represents an important step forward in the global struggle against torture, as no other international treaty provides for such concrete action to prevent such violations from occurring in places of detention worldwide.
We acknowledge the fact that the government of Sri Lanka has taken several concrete measures that reflect a genuine political will to promote and respect all human rights. Indeed, since 1994, when it became a State Party to the UN Convention against Torture, Sri Lanka has ratified a number of protocols meant to strengthen the core human rights treaties, including the first Optional Protocol to the International Covenant on Civil and Political Rights and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women.
We welcome the pledge made by the government of Sri Lanka on 10 April 2006 in connection with Sri Lankas successful bid to become a member of the newly formed UN Human Rights Council, In particular we attach importance to the invitation extended to the UN Special Rapporteur on Torture to visit Sri Lanka and to the governments willingness to build capacity within the Human Rights Commission of Sri Lanka. We were thus pleased to learn that the UN Special Rapporteur on Torture is due to visit Sri Lanka from 27 January until 2 February 2007.
It is significant that support for the signature and ratification by States of the OPCAT has been expressed repeatedly at various levels on the international scene In the Asian region, The Philippines, South Korea and Indonesia, to name but a few countries, have indicated their intention to ratify the OPCAT as soon as possible. Moreover, the UN Committee against Torture and the UN Special Rapporteur on Torture now systematically recommend that States Parties to the UN Convention against Torture consider ratifying the Optional Protocol.
In this connection, it is worth recalling that as recently as December 2005, the Committee Against Torture (CAT) during its consideration of Sri Lankas second periodic report was concerned about the lack of an effective systematic review of all places of detention, including regular and unannounced visits to such places (art 11), by the Human Rights Commission of Sri Lanka and other monitoring mechanisms The Committee recommended that the Government of Sri Lanka should allow independent human rights monitors, including the Human Rights Commission of Sri Lanka, full access to all places of detention, including police barracks, without prior notice, and set up a national system to review and react to findings of the systematic review, and further suggested that u[Sri Lanka] consider becoming party to the Optional Protocol to the UN Convention [against Torture].
The OPCAT does not in itself impose new obligations on the government of Sri Lanka, but should instead be viewed as a tool that may assist you in fulfilling Sri Lankas obligations under the Convention against Torture. The OPCAT not only seeks to prevent torture and ill-treatment, but also serves to strengthen the protection of persons deprived of their liberty. The system of regular visits presupposed by the OPCAT both by the national and international mechanisms should take place in a spirit of openness and cooperation and based on a constructive dialogue between the government of Sri Lanka and these mechanisms, there is a real possibility that improvement of detention conditions may be achieved.
Your Excellency, as you may well be aware, the OPCAT has entered into force on 22 June 2006. However, to date only 3 of the 56 signatories (namely Cambodia, New Zealand and Timor-Leste) and one of the 29 existing State Parties (the Maldives), are Asia-Pacific States. Needless to say, this under representation of Asian states is disappointing as it excludes the most populous region in the world from taking part in this newy established international system to prevent torture, Accession of this innovative treaty by Sri Lanka would thus send an important signal to other countries in the region and underline Sri Lankas commitment to promote human rights.
Given the upcoming visit by the Special Rapporteur on Torture, we respectfully urge Sri Lanka, to consider elaborating its current prevention obligations under the UN Convention against Torture by signing and ratifying the OPCAT.
Finally, we would like to take this opportunity to offer our assistance in the national process aimed at acceding to and implementing the Optional Protocol in Sri Lanka.
Sincerely,
Bengt Sjölund
Director General
Rehabilitation and Research Centre
for Torture Victims
Copenhagen, Denmark
Mark Thomson
Secretary General
Association for the Prevention of Torture
Geneva, Switzerand
cc Hon. Amarasiri Dodangoda, Minister of Justice and Law Reforms
Human Rights Commission
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