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Wednesday, March 12, 2008 - 5.46 GMT |
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Deputy Solicitor General responds to Special
Rapporteur on Torture |
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Expressing reservations with regard to the use of
the words by Manfred Nowak, Special Rapporteur on
torture and other cruel, inhuman and degrading
treatment or punishment to the effect that torture
is "widely practiced" in Sri Lanka, Deputy Solicitor
General Shavindra Fernando said that torture, is not
found in a widespread manner and is occasionally
resorted to by over-zealous investigative personnel
in pursuance of ascertaining the truth behind crime
and in the collection of evidential material to
launch prosecutions against perpetrators of crime.
"The comparative legal perspectives that the Special
Rapporteur could give Sri Lanka would prove
invaluable in initiating legal and policy reforms,"
said a statement quoting the Deputy Solicitor
General issued by the Sri Lanka Permanent Mission in
Geneva.
With regard to the opening of an office of the High
Commissioner in Sri Lanka, Deputy Solicitor General
reiterated the Government's oft-repeated position
that what is needed in Sri Lanka is the
strengthening of national institutions for the
protection of human rights. This includes funding,
physical infrastructure and, most importantly, well
trained human resources.
This is why the Government of Sri Lanka has
earnestly requested the High Commissioner for
assistance in capacity building. The delegation is
of the view that the main function of its
international partners should be to support and
enhance sustainable, home-grown solutions and not
supplant local institutions with (possibly)
temporary international structures that have little
stake in ensuring longstanding and effective changes
in the sphere of human rights protection.
The Government looks forward to a productive,
cordial and close engagement with the Special
Rapporteur in the future.
Special Rapporteur on an invitation extended by the
government visited Sri Lanka last year on a fact
finding mission.
Full text of the statement issued by the Deputy
Solicitor General
Mr. President,
The Delegation representing the Government of Sri
Lanka expresses its appreciation for the mission to
Sri Lanka by Mr. Manfred Nowak, Special Rapporteur
on torture and other cruel, inhuman and degrading
treatment or punishment, consequent to his
acceptance of the invitation extended to him by the
Government in October 2007.
The Government was pleased to facilitate the visit
and accommodate his requests connected therewith in
order that the mandate of the Special Rapporteur
could be fulfilled. The delegation notes with
appreciation the Rapporteur's acknowledgement that
the Government facilitated his visit and enabled him
to fulfil his mandate through the authorization of
his visits and non-interference or presence during
his field visits, during the entirety of his visit.
The delegation also expresses its sincere
appreciation of the manner and methods of work
undertaken by the Special Rapporteur. The Government
was given the opportunity of seeing his interim and
final reports in draft form and given an opportunity
to respond to those draft versions. Moreover, the
Special Rapporteur acknowledged and included some
comments and responses of the Government in his
finalized versions of his reports. The Special
Rapporteur also engaged in a free and frank exchange
of views with the delegation of Sri Lanka as to some
of the contentious matters mentioned in the Report.
The delegation of the Government of Sri Lanka also
welcomes the constructive and helpful approach
adopted by Professor Nowak in that he has agreed to
work with the Government in improving protection and
promotion of human rights in Sri Lanka in general
and with regards to the prevention of torture in
particular. Professor Nowak has also agreed to
recommend to international donor countries and
organizations Sri Lankan programmes aimed at
improving its domestic mechanisms and procedures.
This approach of the Special Rapporteur reflects the
principle of constructive engagement which Sri Lanka
appreciates and attempts to build into its
interactions with the United Nations and other
members of the international community.
The delegation of Sri Lanka wishes to reiterate its
reservations with regard to the use of the words by
the Special Rapporteur to the effect that torture is
"widely practiced" in Sri Lanka. As stated in its
communication of 10th October 2007, and in
subsequent communications, the delegation recalls
the clarification sought by the Government during
the debriefing session for the Government conducted
by the Special Rapporteur. At that briefing in
October 2007 Professor Nowak stated that he
witnessed evidence of torture not only in relation
to the conflict in proximity to conflict areas but
also in other areas in Sri Lanka. The Government
noted that the Special Rapporteur stated that what
he meant was that he concluded that instances of
torture could be seen at diverse locations and was
not systemic in the criminal justice or law
enforcement systems. This confirms the findings of
the confidential inquiry by the Committee Against
Torture, under Article No. 9 of the Convention that
there is no systematic torture in Sri Lanka. In fact
my Government's assessment of the situation is that
the problem of torture, is not found in a widespread
manner and is occasionally resorted to by
over-zealous investigative personnel in pursuance of
ascertaining the truth behind crime and in the
collection of evidential material to launch
prosecutions against perpetrators of crime.
The Sri Lankan delegation also takes this
opportunity to thank the Special Rapporteur for his
positive assessment of the several measures already
taken by the Government to combat torture. The
legislative and other administrative measures taken
are already reflected in the report of the Special
Rapporteur.
The delegation has sought the assistance of the
Special Rapporteur with regard to the policy and
legal issues relating to criminalizing and
prosecuting torture. The comparative legal
perspectives that the Special Rapporteur could give
Sri Lanka would prove invaluable in initiating legal
and policy reforms.
The delegation assures the Special Rapporteur that
the Government will continue to engage with him and
to keep him updated as to developments, especially
with regard to the specific cases raised by him. The
prisons and police have been directed to inquire
into all allegations raised in his report. Once
their response is received, it will be communicated
expeditiously to the Special Rapporteur.
With regard to two specific cases raised by the
Special Rapporteur – i.e. relating to the Prison at
Bogambara and the Terrorist Investigation Division,
the Special Rapporteur was informed that
disciplinary action was being taken in the first
case and that, in relation to conditions of
detention in the second, that the Division was being
moved to a new location. The ICRC has been consulted
as to international standards relating to space,
ventilation and light available to detainees.
With regard to the opening of an office of the High
Commissioner in Sri Lanka, the delegation takes this
opportunity to reiterate its oft-repeated position
that what is needed in Sri Lanka is the
strengthening of national institutions for the
protection of human rights. This includes funding,
physical infrastructure and, most importantly, well
trained human resources.
This is why the Government of Sri Lanka has
earnestly requested the High Commissioner for
assistance in capacity building. The delegation is
of the view that the main function of its
international partners should be to support and
enhance sustainable, home-grown solutions and not
supplant local institutions with (possibly)
temporary international structures that have little
stake in ensuring longstanding and effective changes
in the sphere of human rights protection.
The Government looks forward to a productive,
cordial and close engagement with the Special
Rapporteur in the future.
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