State Violence in Sri Lanka - World Organisation Against Torture

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State Violence in SRI LANKA
performance of the AG’s department on this matter is a serious disappointment
to family members of missing persons and local and international
human rights organizations. The fact that there has been little progress in
prosecution almost a decade after these horrendous crimes were committed is
testimony of the inability and unwillingness of the AG’s Department to effectively
and efficiently deal with the issue. The only reason for not taking action
seems to be a political one. More specifically, there is political unwillingness to
deal with senior police, military and political figures who were responsible for
causing these disappearances. Though the AG’s Department had a special
unit to prosecute those responsible for disappearances, this unit did not have
the political liberty to take action as requested by the Presidential
Commissions.
There are no excuses for committing crimes against humanity. Sooner or later
these crimes need to be dealt with by rendering justice according to internationally
established norms and standards. It should also be noted that the present
crisis in law enforcement agencies has a direct bearing on the era where
mass disappearances were carried out providing ample impunity for the police
to carry out these crimes. That many law enforcement officers and politicians
who carried out these crimes remain at large is common knowledge. Such a
situation makes the ordinary folk lose faith in the justice system in the country.
This is a country where the politicians and law enforcement officers can
commit crimes against humanity and go free.
III. Article 7 of the ICCPR - Freedom from torture
1. General situation
In August 2002, the ALRC published the “Special Report on Torture
Committed by the Police in Sri Lanka” particularly those arising out of criminal
investigations. The UN Special Rapporteur on Torture, Mr. Theo Van
Bovan in his latest report dealt lengthily on complaints of torture in Sri Lanka,
“Report of the Special Rapporteur on the question of torture, Theo van
Boven, submitted pursuant to Commission resolution 2002/38, Addendum,
Summary of information, including individual cases, transmitted to
Governments and replies received,” E/CN.4/2003/68/Add.1, Pghs. 1486-
1695).