By Basil Fernando
As Sri Lanka commemorates the 30th anniversary of its ratification of the UN Convention Against Torture (CAT), the time has come to reflect deeply on both the progress made and the persistent gaps that hinder the full realization of this vital human rights treaty. Though Sri Lanka has shown some legislative advancement over the decades, the country continues to grapple with endemic torture and ill-treatment, particularly in police custody. Despite the proactive efforts of organizations like the Asian Human Rights Commission (AHRC) and other advocates, the state’s overall commitment to ending torture has fallen short.
A Systemic Issue Within Law Enforcement
Torture and ill-treatment in Sri Lanka are not isolated occurrences but are embedded within the fabric of the law enforcement system. Reports of deaths in police custody and extrajudicial killings remain disturbingly common, hinting at systemic shortcomings within the police force rather than mere lapses in protocol. These repeated violations suggest a persistent issue with the law enforcement culture itself—a culture that not only tolerates such abuses but, in some instances, seems to facilitate them. For instance, despite clear responsibilities to prevent misconduct, senior police officers often fail to intervene, fostering an environment where torture becomes almost routine.
This failure to curb torture and extrajudicial killings is also a reflection of ineffective investigative processes that follow such incidents. Rarely do these investigations proceed without significant public or media pressure. Instead, a pattern emerges wherein the media is sometimes used to portray victims negatively, further obstructing any genuine push for justice. The result is a criminal justice system where accountability is sparse, and the cycle of abuse persists unabated.
Challenges Rooted in an Authoritarian Past
Since 1978, Sri Lanka’s political landscape has been increasingly influenced by authoritarianism, and this tendency has been mirrored within the police force. The politicization of the police, combined with inefficiencies and corrupt practices, has transformed law enforcement from a mechanism of justice into a tool of oppression. In this environment, the rule of law is undermined, and violations, including torture, become normalized. Addressing torture in Sri Lanka thus requires not only legislative reform but a fundamental restructuring of the police force to depoliticize and strengthen its mandate as a public service body.
Civil Society’s Role: Progress and Opportunities
Despite these challenges, Sri Lankan civil society has consistently played a pivotal role in advocating against torture. From providing legal aid to survivors to pushing for systemic change, organizations have made notable contributions to the anti-torture movement. However, many advocacy efforts have primarily focused on individual cases or on raising public awareness. While these are essential elements of the movement, a broader, structural critique of the policing system is still needed to bring about meaningful change.
Moving forward, civil society must evolve from reacting to instances of torture and ill-treatment to actively seeking reforms that prevent them. This requires engaging more directly with both political and police authorities to create actionable, impactful policies. By working with these institutions, civil society can push for reforms that shift the entire culture within law enforcement toward accountability and transparency.
A Way Forward: Recommendations for Reform
For Sri Lanka to truly honor its commitment to CAT, a number of specific recommendations should be considered. Firstly, initiating direct engagement with the newly appointed Inspector General of Police (IGP) could prove instrumental. Civil society and human rights organizations should seek discussions with the IGP, presenting not only critiques but also concrete recommendations for preventing torture within the police force. This could involve proposing the issuance of a circular that outlines the responsibilities of senior officers in preventing torture and ill-treatment and clarifies the consequences for non-compliance.
Moreover, the establishment of independent oversight mechanisms within the police force could significantly enhance accountability. An external review body, with the power to investigate and report on abuses, could help ensure that senior officers are held accountable for incidents of torture or mistreatment that occur under their supervision. This independent body should be given the mandate and resources to pursue investigations without interference from the police or political entities, thus helping to build trust within the community.
The Need for Persistent Advocacy and Structural Reforms
As AHRC’s Basil Fernando has noted, true change requires more than symbolic gestures. For Sri Lanka’s ratification of the CAT to translate into real protection against torture, civil society, political actors, and law enforcement must commit to an ongoing and transformative reform agenda. Rather than relying solely on public pressure or media coverage to spur action, the state must implement policies that address the roots of the problem. Torture will only be eliminated when there is a cultural shift within law enforcement, a shift that acknowledges human rights as central to its mission.
Conclusion: Building a Just Society in Sri Lanka
The journey towards eliminating torture in Sri Lanka is far from complete. Thirty years after ratifying the CAT, the country still faces significant obstacles to realizing its commitment to human rights. Yet the path forward is clear: only through persistent advocacy, structural reform, and a collective commitment to justice can Sri Lanka hope to end torture within its borders.
The challenge is not insurmountable, but it requires both political will and a concerted effort from all sectors of society. By focusing on these reforms and holding those in power accountable, Sri Lanka can move closer to building a just society where human rights are truly protected, and the rule of law is respected.