Our Neighbours -- Sri Lanka
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Torture in Sri Lanka
Asian Legal Resource Centre -- ALRC
Thursday, 1st April 2004
Statement on 'The need for a witness and torture victim
protection scheme in Sri Lanka' received by Commission on Human Rights
(Geneva, 1 April 2004) -- The written statement of the
Asian Legal Resource Centre (ALRC) on 'The need for a witness and
torture victim protection scheme in Sri Lanka' (E/CN.4/2004/NGO/36) was
distributed yesterday at the 60th Session of the United Nations
Commission on Human Rights in Geneva.
The full text of the statement follows.
This year, ALRC submitted 30 written statements to the
Commission, on topics as diverse as caste discrimination in Nepal, food
scarcity in Myanmar, custodial deaths and torture in India,
extrajudicial killings in Thailand, policing in Pakistan, the National
Human Rights Commission of Sri Lanka, and impunity in Asia.
The complete list of statements, with full texts and
links to the original versions, can be viewed on the ALRC website, at
http://www.alrc.net/mainfile.php/60written/.
Asian Legal Resource Centre -- ALRC, Hong Kong
The need for a witness
and torture victim protection scheme in Sri Lanka
1. In its concluding observations after considering the
periodic report of Sri Lanka, dated November 2003, the Human Rights
Committee stated that
"The authorities should diligently enquire into all cases
of suspected intimidation of witnesses and establish a witness
protection program in order to put an end to the climate of fear that
plagues the investigation and prosecution of such cases" (CCPR/CO/79/LKA
[Future]).
2. In a speech of 2 December 2003, the Attorney General
of Sri Lanka, Mr K C Kamlasabayson PC, made the following observations:
"Another important feature that requires consideration is
the need for an efficient witness protection scheme that would ensure
that witnesses are not intimidated and threatened. No doubt this would
involve heavy expenses for the State and amendments to the law. I will
only pose a simple question. Is it more important in a civilized society
to build roads to match with international standards spending literally
millions of dollars rather than to have a peaceful and law abiding
society where the rule of law prevails?"
3. The absence of a witness protection scheme seriously
affects criminal justice. In Sri Lanka, many complainants have been
murdered on their way to court, and while going about their daily lives.
Because victims are frequently and seriously threatened, many fear to
pursue their complaints. Meanwhile, despite a lot of talk about how to
deal with increased crime, there have been hardly any efforts to develop
a witness protection scheme. The most vulnerable persons are those who
have made complaints against the state authorities, and particularly
police officers accused of torture, as the following cases illustrate.
a. Michael Anthony Fernando has filed a fundamental
rights application in the Supreme Court regarding torture by the police,
and another in the Magistrates Court of Colombo. He also has a complaint
before the Human Rights Committee pertaining to abuse of power by the
Chief Justice of Sri Lanka after sentencing him to one-year imprisonment
for contempt of court. As a result, he has received death threats. He
has since sought the Committee to offer interim protection measures.
b. Lalith Rajapakse, a young man who suffered serious
injuries as a result of the torture by police officers at Kandana Police
Station, made several complaints to the Special Rapporteur on torture.
After filing a fundamental rights case against the perpetrators in the
Supreme Court, and with the state also filing a criminal case in the
Court under the Convention against Torture Act, No. 22 of 1994, he was
threatened to settle or withdraw the case. He has since complained
further to the National Police Commission and the National Human Rights
Commission.
c. Saliya Pushpa Kumara, a 15-year-old boy tortured by
the police at Puttlam, has also complained of serious harassment of him
and his family by the alleged perpetrators. They have threatened him to
withdraw his fundamental rights application in the Supreme Court, and
his complaint to the Prosecution of Torture Perpetrators Unit. He has
alleged that the police tried to obstruct him from getting hospital
treatment, as they feared it would result in a medical report. Only
after the National Child Protection Authority intervened was he able to
get medical treatment. He has since been given shelter by a charitable
organization, away from his village.
d. In the case of Chamila Bandara, a 17-year-old boy
allegedly seriously tortured by some officers of the Ankubura Police
Station, there was an attempt to kidnap him from the hospital where he
was receiving treatment. He was removed from the hospital for his
safety, and ever since has been living away from his village, under the
protection of local human rights organisations. His mother was also
forced to leave the village due to constant severe harassment. His two
younger sisters have been unable to go to school due to death threats.
Complaints have been made to the Special Rapporteur on torture, the
National Police Commission and the National Human Rights Commission.
Human rights organisations have also complained to the National Human
Rights Commission that its Area Coordinator has been collaborating with
the alleged perpetrators in this case, and harassing the victim and his
family.
4. The Asian Legal Resource Centre submits to the
Commission that the Prosecution of Torture Perpetrators Unit must
develop an effective witness protection scheme for victims of police
abuses. The National Police Commission should also act to deal quickly
with police accused of such abuses. When they continue to operate in the
same police stations, the perpetrators of torture and other serious
crimes are a threat to the safety of the complainants, and also are able
to destroy evidence. The Supreme Court of Sri Lanka has itself remarked
that it is common for police to fabricate evidence and alter documents.
5. The investigation and prosecution of torture cases in
Sri Lanka should also follow the same procedure as applies to other
crimes, where, when a prima facie case is established, the accused is
arrested and immediately produced before a magistrate. However, this
procedure is not followed in torture cases under Act No. 22 of 1994.
There is no reason to deviate from this standard procedure. Police
officers charged with crimes should not be treated differently from
other alleged criminals. If the provisions of the Criminal Procedure
Code were applied to the alleged perpetrators of torture, they would
provide some measure of protection to the complainants and victims.
6. The above recommendation of the Human Rights Committee
should be complied with as soon as possible. The Committee has required
the Government of Sri Lanka to report on this and several other matters
within a year. The Asian Legal Resource Centre hopes that some
significant progress will occur within that time to address this serious
defect in criminal justice procedures in Sri Lanka. |