Systematic and widespread torture by state institutions in Sri Lanka and absence of effective remedies for victims and their family members An alternative report



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Systematic and widespread torture by state institutions in Sri Lanka and absence of effective remedies for victims and their family members
An alternative report to the second periodic report of Sri Lanka to the Committee against Torture


Presented by the

Asian Legal Resource Centre

September 2005


Contents





Contents 2

Glossary of terms 3

Preamble 5

Scope 7

Introduction 8

Responses to the ‘List of Issues to be considered during the examination of the Third Periodic Report of Sri Lanka (CAT/C/48/Add.2)’ 8

Article 1: Definition of Torture 21

Article 2: Domestic implementation and effective remedies 23

Policing in Sri Lanka 23

Prosecution: 75

Judiciary 78

Negligence by medical professionals 81

Role of HRC and the NPC in providing effective remedies to victims 82

National Police Commission(NPC) 85

Article 4: Torture as a crime 88

Article 10: Education of law enforcement officers 90

Article 12: Prompt and impartial investigations 92

Article 13: Witness protection 93

Article 14: Redress and fair and adequate compensation 100

Article 16: Cruel, inhuman or degrading treatment or punishment 102

Recommendations 103

Appendices 113

Appendix 1: Case studies of torture committed by the police in Sri Lanka (2000-2002) 113

Appendix 2: Cases of torture and killing committed by the police in Sri Lanka (2002-2003) 137

Appendix 3: The inadequacies of the torture prevention policy adopted by the Human Rights Commission of Sri Lanka 160

Appendix 4: Lack of police discipline a threat to Sri Lanka's national development 169

Appendix 5: Letter to the Attorney General of Sri Lanka from AHRC 171

Appendix 6: Equal access to Justice: Where should it begin to ensure Human Rights? 174


Appendix 7: Sri Lanka: the Human Rights Commission's anti torture policy-- an interview with Radhika Coomaraswamy 179




Glossary of terms





AG

:

Attorney General

AHRC

:

Asian Human Rights Commission

ALRC

:

Asian Legal Resource Centre

ASP

:

Assistant Superintendent of Police

CAT

:

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

CATA

:

Convention against Torture Act (Act No 22 of 1994) of Sri Lanka

CHR

:

UN Commission on Human Rights

CID

:

Criminal Investigation Department

DIG


:

Deputy Inspector General (of Police)

DIU

:

Disappearances Investigations Unit (of AG’s department)

DMO

:

District Medical Officer

HQI

:

Head Quarter Inspector

HRC

:

(National) Human Rights Commission of Sri Lanka

ICCPR

:

International Covenant on Civil and Political Rights

ICTY

:

International Criminal Tribunal for the former Yugoslavia

IGP

:

Inspector General of Police

IP

:

Inspector of Police

JMO

:

Judicial Medical Officer

NPC

:

National Police Commission


OIC

:

Officer in Charge

PA

:

People’s Alliance

PC

:

Police Constable

PTPU

:

Prosecution of Torture Perpetrators Unit (of AG’s department)

RPC

:

Reserve Police Constable

Sgt

:

Sergeant

SI

:

Sub Inspector

SIU

:

Special Investigation Unit (of Police)

SSP

:

Senior Superintendent of Police

UNP

:

United National Party




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