UA-01-2001: More torture, but still no convictions under 1994 Torture Act
SLI LANKA – torture, impunity
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We have received information about two further cases of torture in Sri Lanka, details of which are following. The Sri Lankan government was praised by the international community for ratifying the UN Convention Against Torture, and for enacting a Law in 1994 making torture punishable by a minimum of 7 years imprisonment. Six years later, there has still not been a single conviction under this law, despite many credible cases of severe torture, such as those described in this appeal. While impunity continues, torture continues. Please read the following cases and take the small action suggested below to push the Sri Lankan government to address this crisis.
TWO RECENT CASES OF TORTURE
Complaint against Rajagiriya Police
1) Mr. A.M. Maithreepala, residing at no.3/178, Obeysekarapura, Rajagiriya, was arrested by Sub-Inspector Senanayaka of Rajagiriya Police on 29th December 2000 on charges of selling drugs and was tortured. The arrestee was a patient who had undergone an operation. Later he was produced before Courts and remanded. He died on the 19th January 2001. Before his death he had revealed to his family members that he was beaten up. This incident has been reported to Ravaya paper by the sister of the deceased. No complaint has yet been made to any of the institutions for fear of reprisals from the police and due to the absence of persons that can act on this information.
Complaint against the Polannaruwa Tourist Police
2) Mr. L.P. Maithreepala Senadira, a resident of no.155, Pansalgodella, Galamuna, was taken into custody on 7th January 2001 at 3am by the Polannaruwa tourist police on suspicion of selling illicit arrack (a type of liquor). The police had gone to the house of the suspect and asked for arrack and when they were told that there is no arrack he was blindfolded and taken to the police jeep. When the wife objected to the husband being taken by the police, she was threatened with forceful removal by Sub-Inspector Manawadu of Polannaruwa and was asked to remain inside. On this occasion the two brothers of Maithreepala Senadira were also taken into custody. At the Polonnaruwa police station, Maithreepala Senadira was tied to a pillar, his clothes were removed and he was beaten with a pipe and sticks by S.I. Manawadu. As a result of this torture his sexual organs were severely injured and the bleeding was so serious he was taken to the Polonnaruwa hospital by the the torturer himself. Mr. Maithreepala Senadira’s injuries to the sexual organs required six stitches, and his back and spine showed signs of severe beatings. The S.I. had threatened those who knew this not to reveal the information to anyone. For this reason Mr. Maithreepala Senadira was also transferred from Polonnaruwa hospital to Peradeniya hospital.
BACKGROUND
(for your information – if you wish to go straight to the SUGGESTED ACTION, please scroll down)
Following is from the Amnesty International Report o_n Torture in Sri Lanka, 1999
Sri Lanka ratified the UN Convention against Torture in January 1994, then, in November 1994, passed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act which gave effect to Sri Lanka’s obligations under the UN Convention against Torture. The Act was certified on 20 December 1994, and made torture punishable by imprisonment for a term not less than seven years.
Despite the long-term existence of legislation to punis_h torture and the enactment of the Torture Act in 1994, this violation continues to be committed with impunity….while a handful of cases are reportedly pending in the courts, so far no one has been convicted in relation to the crime of torture in Sri Lanka.
In May 1998, the Committee against Torture called upon the Government of Sri Lanka to take firmer action to bring to justice perpetrators of torture. The government delegation acknowledged that apart from one case where members of the police are facing charges of voluntarily causing hurt under section 314 of the Penal Code, no other cases in relation to torture were pending before the courts.
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The Supreme Court of Sri Lanka which has granted compensation in scores of cases where people were found to have been tortured by agents of the state has repeatedly expressed its frustration at the lack of follow-up by the relevant authorities (the Inspector General of Police and Attorney General) to its recommendations for further investigations and “appropriate action (by way of criminal proceedings and/or disciplinary action)” against members of the security forces involved in acts of torture (see also below).
The Supreme Court has also commented on the prevailing climate of impunity in relation to torture. For instance, in a judgment of 24 February 1995 (SC Applications 396 and 397/93), it commented that “the incidence of unlawful arrest and detention and torture by police officers has not declined, which situation is attributable to the failure on the part of authorities to impose prompt, adequate and effective sanctions against offending officers. The Court views this situation with dismay and hopes that it will be remedied forthwith.” In an earlier judgment of 31 August 1994 (SC Applications 433/93), the court had stated: “The fact that police officers continue to commit unlawful acts, including torture, despite regular judicial condemnation of such acts, shows that the authorities have permitted such acts by their failure to impose effective sanctions.”
Recommendations of the UN Committee against Torture (extract from CAT/C/SR.341 of 26 May 1998)
E. Recommendations
21. Ensure that all allegations of torture, past, present and future, are promptly, independently and effectively investigated and the recommendations implemented without any delay.
22. While continuing to remedy, through compensation, the consequences of torture, due importance should be given to prompt criminal prosecutions and disciplinary proceedings against culprits.
23. Take the necessary measures to ensure that justice is not delayed especially in the cases of trials of people accused of torture.
24. Strengthen the Human Rights Commission and other mechanisms for dealing with torture prevention and investigation, and provide them with all the means that are necessary to ensure their impartiality and effectiveness.
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SUGGESTED ACTION
Please write letters to the President of Sri Lanka, the Human Rights Commission, the Committee to Inquire into Unlawful Arrests and Harrassments and send a copy to the UN Special Rapporteur on Torture. A sample letter is following.
SAMPLE
Your Excellency
I wish to draw your attention to two new cases of torture at the hands of your police force. The cases are of Mr. A.M. Maithreepala, residing at no.3/178, Obeysekarapura, Rajagiriya, was arrested on 29th December 2000, who was tortured under Rajagiriya police custody and died on 19 January 2001; and of Mr. L.P. Maithreepala Senadira, a resident of no.155, Pansalgodella, Galamuna, was taken into custody on 7th January 2001 at 3am by the tourist police. The accusation in the later case is as follows:
“At the Polonnaruwa police station, Mr. L.P. Maithreepala Senadira was tied to a pillar, his clothes were removed and he was beaten with a pipe and sticks by S.I. Manawadu. As a result of this torture his sexual organs were severely injured and the bleeding was so serious he was taken to the Polonnaruwa hospital by the the torturer himself. Mr. Maithreepala Senadira’s injuries to the sexual organs required six stitches, and his back and spine showed signs of severe beatings. The S.I. had threatened those who knew this not to reveal the information to anyone. For this reason Mr. Maithreepala Senadira was also transferred from Polonnaruwa hospital to Peradeniya hospital.”
Please ensure that these cases are investigated by an independent tribunal, that Mr. Maitreepala is given proper medical and trauma treatment, and that a post-mortem is carried out on the body of the deceased Mr. A.M. Maithreepala, who died on 19 January 2001.
No civilised nation will allow cases such as these to go without investigation, prosecution and conviction under the law of the country. Yet, despite the Convention Against Torture Law being passed more than six years ago, and despite many incidents such as those reported here, not one person has been convicted and sentenced to the minimum seven years imprisonment under this act.
This appalling record must be rectified if Sri Lanka is to be taken seriously as a nation which wishes to stop the widespread use of torture by its police and armed forces. I urge you to see to it that the incidents reported here are used to implement the recommendations of the Committee Against Torture, Amnesty International and Sri Lanka’s own Supreme Court to end to impunity for torture and to send a strong message that torture is unacceptable in Sri Lanka. The law has been waiting to be used for this purpose for six years – now is surely the time to use it, on the officials from Rajagiriya and Polonnaruwa police in charge of the torture cases cited above.
Yours sincerely
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PLEASE SEND LETTERS TO
c/- Minister of Justice
SEND LETTERS (preferably by fax) TO
Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 3
SRI LANKA
FAX: +941 333 703
SALUTATION: Your Excellency
Mr. Batty Weerakoon
Committee to Inquire into Unlawful Arrests and Harassments
and Minister for Justice
Sri Lanka
FAX: +941 323 730
Dear Minister Weerakoon
Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N W Perera Mawatha
Borella, Colombo 8
SRL LANKA
FAX: +941 694 924
SALUTATION: Dear Mr. Musthapa
