Why has a special day been proposed for the victims of torture? What is its importance?
It is hoped that this special day will initiate a movement that can highlight the gravity of torture and establish a support base for its victims. Such efforts, it is hoped, will influence civil society to reject the use of torture and the attitude of law enforcement agencies toward it. This will also raise and promote a greater awareness of human rights, which is distinctly lacking in Sri Lankan society today. It is these factors that explain the importance of an international day for the victims of torture.
A few years after the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was opened for ratification the Sri Lankan government ratified it and passed Act No. 22 of 1994 in parliament. However, for many years, this legislation remained dormant, and it is only now beginning to be enforced, albeit to a minimal degree. It has so far failed to prevent the widespread use of torture in the country, however.
In his address to the 61st session of the U.N. Commission on Human Rights, Lakshman Kadirgama, PC, minister of foreign affairs, acknowledged the gravity of custodial torture allegations and condemned torture without any reservation:
The government of Sri Lanka, taking serious note of recent allegations regarding torture while in police custody, has introduced short- and long-term preventive mechanisms to address the issue in line with the recommendations of treaty bodies. The government of Sri Lanka condemns torture without any reservation. . . . Under domestic legislation, torture is considered a serious crime, which carries a minimum mandatory sentence of seven years rigorous imprisonment. The government looks forward to having a constructive dialogue with the Committee against Torture when Sri Lankas second periodic report is taken up for consideration.
In light of these remarks, Sri Lankan citizens have the right to demand not only strict enforcement of existing legislation but also justice for torture victims. Recent studies have shown that torture victims suffer severe trauma, thus creating a mental disequilibrium. Their condition is often manifested in inconsistent behaviour: the inclination to refrain from making decisions or assuming responsibilities, inconsistency in language or statements, the apparent reluctance to do any work, complaints of physical aches and pains and distrust of institutions and peopleall are associated with trauma resulting from torture. However, the gravity associated with the crime of torture has never been recognised by the state.
This failure on the part of the state also explains the modicum of compensation awarded to victims when the crime is established. Furthermore, no institutional arrangements exist to provide rehabilitation to victims, whether pecuniary assistance or psychological counselling. However, it is these commitments that will indicate to the actual or potential perpetrators of torture the gravity accorded to the crime by the state and its readiness to stand by the victims whose dignity has been violated.
The society at large has thus far either tacitly condoned torture or shunned the victims who generally come from the lowest strata of society. There is still an assumption that the police are law-abiding and that torture victims deserve such treatment. It is time that such assumptions are challenged and rejected: torture is routinely inflicted on a large number of innocent people throughout Sri Lanka. Furthermore, Sri Lankan law does not allow for torture, whether as punishment or for the purpose of extracting a confession. Therefore, resistance to the widespread use of torture, even acknowledged by the state, must come from members of the community standing alongside torture victims. Gestures of solidarity, such as medical and financial support, providing security against threats by the perpetrators and providing counselling to the victims, can send the message that society is standing with the victims and against the perpetrators of this heinous crime.
