Protests against the use of torture by law enforcement agencies are becoming more widespread in countries throughout Asia. These are emanating from a growing popular sentiment against torture as an abuse of power. With greater awareness and a sense of their own dignity, people are openly opposing abuse by law enforcement officers, who are also only human beings like themselves. The question being asked constantly is what gives one group of people the authority to torture others?
Governments in Asia who underestimate this popular sentiment against the use of torture are likely to face serious problems in the near future. These governments can offer no justification for torture except that it is the only method of criminal investigation known to the police. Some governments lament that they are unable to afford qualified criminal investigators. Others are not willing to spend money and time to build modern facilities and institutions that will make the use of torture redundant. However, these excuses no longer pacify public outrage against the barbaric abuse of human bodies and minds by persons in uniforms who represent the state.
Larger numbers of people are expressing shock at the brutality of torture in Asia. In Thailand for example, evidence suggests that the police commonly use electric shocks on victims’ genitals in ordinary criminal cases. Where these cases have received wide publicity, police or government officials have offered compensation to the victims but the perpetrators have escaped prosecution. As a result of their reputation for cruelty the name of the Thai police is at an all time low. In a recent case where police stated that a victim with five bullet wounds in vital organs had committed suicide, 92 per cent of viewers polled during a television programme stated that in their opinion the police were responsible for the killing.
The poor criminal investigation methods and facilities in a large number of Asian countries mean that the police routinely assault individuals after failing to find the real culprits of crimes. These innocent persons are then substituted for the accused. Human rights activists in Bangladesh state that about 70 per cent of cases filed in court involve innocent civilians who have been accused of crimes where the police have either allowed the perpetrators to escape or were unable to catch them. It is common knowledge there that the actual criminals are often allowed to escape after bribing the police. If complaints are made to higher authorities about the abuses of lower-ranking officers, these are closed through the payment of bribes. Similar practices occur in countries where the rule of law has all but completely collapsed, including Cambodia, Nepal, Burma.
In some countries the prevalence of torture is exacerbated by extreme levels of social discrimination and communalism. India is the prime example of this, with torture being used by the police to suppress minority groups, including Dalits and indigenous peoples. Many victims die in custody due to torture and inhuman treatment. The police continue to enjoy impunity in part because the government refuses to ratify the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, despite the National Human Rights Commission recommending it do so.
Torture perpetrators throughout Asia also engage in the practice for purely personal reasons. In one case a police sergeant in Sri Lanka repeatedly assaulted the husband of a woman with whom he was having a sexual relationship. In many countries complainants of police abuse are also further assaulted for daring to speak out.
On this International Day in Support for Victims of Torture June 26, 2005, the Asian Human Rights Commission hopes that governments of Asia will heed the popular demand to eliminate torture. To do this, torture needs to be recognised as a crime in every country and competent and independent investigators need to be appointed to redress all complaints. Those governments that have ratified the Convention against Torture without implementing it in domestic law are facing growing criticism from home and abroad. But judicial and legal agencies must also be held to account for their inability or unwillingness to adopt modern jurisprudence on torture.
Of particular concern are the painfully low amounts of compensation paid to torture victims in many countries. Payment of pathetic sums in compensation for torture is an affront to human dignity. Minimal compensation also encourages further torture and does little to enhance popular confidence in the courts. In fact, the damage done by torture cannot be measured in monetary terms. However, where financial compensation is awarded, it should reflect the gravity of the offense, serve as an apology from both state and society for allowing the offense to occur, and send a firm message that the practice must be stopped.
Payment of small amounts of money in compensation for torture is also often accompanied by the settling of cases outside the courts, in order to save the perpetrators from punishment. The practice of compensation in lieu of punishment must also be condemned. When compromises are struck persons unworthy of wearing police uniforms are allowed to continue wearing them. Entire police forces are corrupted as a result.
The Asian Human Rights Commission salutes all those groups and individuals throughout Asia who are speaking out against torture. Their effort will help to bring in a new era of respect for human dignity. The is an important development in establishing more vibrant democracies throughout Asia. The effect of this movement must be to completely eradicate torture in the region, thereby securing lasting freedom and dignity for future generations.
