Sri Lanka’s progress toward reform has “virtually ground to a halt” and brutal torture is used with impunity, the UN concludes in a scathing report on the country’s human rights record.
The report, which comes three years after the country appeared to have turned a corner in its history by electing a new coalition government, was published on Monday following a UN visit to Sri Lanka at the request of the government.
“None of the measures so far adopted to fulfil Sri Lanka’s transitional justice commitments are adequate to ensure real progress,” it said.
Queen’s Counsel Ben Emmerson, the UN rapporteur on countering terrorism, met most senior members of the government, military judiciary and prison staff — including inside high security Anuradhapura Prison.
Sri Lanka suffered three decades of civil war as Tamil fighters fought for a separate state, culminating in 2015 in the election of a national unity government.
“Impunity is still the rule for those responsible for the routine and systemic use of torture, and countless individuals are the victims of gross miscarriages of justice resulting from the operation of the Prevention of Terrorism Act,” Emmerson said.
“The Tamil community is stigmatized and feels disenfranchised, while the trust of many minority communities that the government is able to deal with all forms of nationalism equally, is eroding,” he added.
Emmerson said that he had heard “distressing testimonies of very brutal and cruel methods of torture, including beatings with sticks, the use of stress positions, asphyxiation using plastic bags drenched in kerosene, pulling out of fingernails, insertion of needles beneath the fingernails, use of various forms of water torture, suspension of individuals for several hours by their thumbs and mutilation of genitals.”
Although the number of arrests under the act was falling, the law was still being used and needed to be repealed as the government had promised in 2015.
The definition of terror in the act and proposed replacement legislation was too broad, vague and all encompassing, suggesting that the act in effect allowed for indefinite detention.
Figures from the Sri Lankan Office of the Attorney-General showed that out of 81 prisoners at the time in the judicial phase of their pre-trial detention, 70 had been in detention without trial for more than five years and 12 had been in detention without trial for more than 10 years.
Many current and former act detainees interviewed said they had signed documents in a language that they did not understand or were asked to sign at the bottom of a blank piece of paper, having been tortured, sometimes in exchange for transfer out of police or security service custody.
The Sri Lankan government said it does not condone torture and is committed to ensuring all allegations are investigated, including by the independent Human Rights Commission.
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