Groundviews

Widespread Torture Reinforces a Deadly Status Quo

Photo courtesy of Freedom From Torture

Today is the International Day in Support of Victims of Torture

On April 2 this year, 26 year-old Muthuwadige Sathsara Nimesh died while in police custody. He was tortured to death at the Welikada Police Station​. Nimesh had been arrested on April 1 on suspicion of a break in and was taken to Welikada station for questioning​. According to the official police account, Nimesh appeared to be mentally unstable, banging his body against the walls of his cell and had to be transferred to the national mental hospital for his own safety​. He died at that hospital the next morning.

Family and rights groups tell a different story. When Nimesh’s mother rushed to the police station on April 2 to check on him, she was alarmed to find her son’s clothes had been stripped off and his trousers dumped in a trash can. Officers informed her that Nimesh had attempted suicide but to his family this explanation rang hollow​. The Committee for Protecting the Rights of Prisoners (CPRP) accused the police of torturing Nimesh in custody, leading directly led to his death. In a letter to the Inspector General of Police, CPRP cited eyewitness accounts and pointed out that previous detainees have died at Welikada Police Station under similar circumstances, suggesting a pattern of brutality at that station. “Steps must be taken to stop these illegal acts by the police. Failure to do so will inevitably result in the collapse of the rule of law,” the CPRP warned, demanding that those responsible be held to account​.

“Meanwhile, public trust continues to erode. The image of a young man entering a police station alive and only to lose his life in their care, has sparked anger among Sri Lankans, who have grown weary of police impunity. Human rights groups and lawyers are calling for an independent, transparent inquiry and for Sri Lanka to finally criminalize torture in practice – not just on paper. “How many more must die in custody?” one activist asked, as the CPRP and others pressed for urgent reforms to prevent the next custodial death​. The Nimesh case has thus become another test for the new government: Will it prosecute any officers found responsible and send a message that torture will not be tolerated? Or will this, too, be swept under the rug, reinforcing a deadly status quo?” asked the Sri Lanka Campaign for Peace and Justice.

Each year on June 26, the world observes the International Day in Support of Victims of Torture. It is the day that the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment came into force in 1987.The convention upholds the absolute principle that no individual should be subjected to torture or other cruel, inhuman or degrading treatment regardless of their reputation or alleged crimes.

“The constitutionally guaranteed fundamental freedom from torture is not limited to physical pain. It also encompasses severe mental pain inflicted by a public officer or other person acting in an official capacity to obtain a confession or information from a victim or third person, to punish for any act that has been committed or is suspected of having been committed, to intimidate or coerce a third person to do or refrain from doing something or for any reason based on discrimination.

“No form of torture or other cruel, inhuman, and degrading treatment should be tolerated. All survivors of torture, regardless of the severity of their ordeal, deserve justice, support, and the right to live with dignity,” said the Human Rights Commission of Sri Lanka in a media release to mark the day.

It called on all citizens to be proactive in fulfilling the collective responsibility of eradicating torture from society. “When incidents of torture are witnessed, inform the relevant authorities. When victims seek justice, support them with compassion and dignity. And when the relevant justice sector institutions execute their functions to prevent torture and hold perpetrators accountable, cooperate fully and honestly,” the Commission said.

Sri Lanka Campaign for Peace and Justice has been consistently advocating for genuine accountability for systemic human rights violations. Its director Yvonne Schofield answered questions from Groundviews about the prevalence of torture in Sri Lanka and what should be done to combat it.

What enables torture to persist despite torture being outlawed by the constitution as well as international conventions?

Torture continues in Sri Lanka because laws are not enforced. Despite constitutional and international prohibitions, there is near-total impunity. Security forces, especially the police, use torture routinely, knowing they are unlikely to face consequences. Investigations are rare and convictions even rarer. During and after the war, torture was normalised and became a policing shortcut. Victims face threats if they speak out and perpetrators are often protected or even promoted. Without accountability, legal protections are meaningless.

What can be done to change the perception that torture is an accepted practice?

To change this perception Sri Lanka must show, not just say, that torture is unacceptable. That starts with prosecutions. Officers who torture must be held criminally accountable. Independent investigations and functional oversight mechanisms are essential. Training alone won’t work unless abuse is punished. Public awareness campaigns, survivor testimonies and political leadership that rejects torture clearly and consistently can help shift both institutional and public mindsets.

How do certain laws such as the Prevention of Terrorism Act (PTA) facilitate torture?

The PTA enables torture by allowing long term detention without charge and accepting confessions made to police. Detainees are often held incommunicado without access to lawyers in conditions that foster abuse. The burden is on victims to prove they were tortured. Over decades, the PTA has created legal cover for coercive interrogations, particularly targeting Tamils and Muslims. Even recent amendments have not removed these core problems. The PTA must be repealed or fully replaced.

The police and the military are the main offenders. Can they be trained to behave differently?

They can but training alone is not enough. Many officers have already received human rights training but continue to torture. What’s needed is a culture change: leadership that rewards ethical behaviour, punishes abuse and stops promoting known offenders. Training must be paired with independent oversight, stronger internal discipline and public accountability. Without consequences, even well trained officers may revert to abusive methods.

Has there been any improvement in the situation during the past few years?

There have been some symbolic steps such as PTA amendments and the ratification of international treaties but torture remains widespread. UN reports continue to highlight systemic abuse and impunity. In some respects the situation has worsened, especially with the suppression of protests and continued use of the PTA. While fewer wartime style secret sites exist, custodial torture by police is still routine. Real change will require more than minor reforms.

What needs to be done to support survivors of torture and their families?

Survivors need holistic support – medical care, trauma counselling, legal aid and financial assistance. Many are left to cope alone. The government must fund rehabilitation services, enforce victim and witness protection laws and offer compensation. Families often face stigma and poverty. Community support and public recognition of survivors’ suffering are also crucial. Without justice, recovery is incomplete so support must also include access to legal remedies and accountability.

How does the Sri Lanka Campaign give a voice to survivors of torture?

We amplify survivors’ stories through art, advocacy and international lobbying. Our exhibitions, reports and campaigns share first-hand accounts, often anonymously to protect survivors still in Sri Lanka. We advocate at the UN and with international partners, ensuring survivors’ demands for justice are heard. By centring their experiences in our work, we humanise the issue and challenge the silence. Survivors are not just victims; they are powerful voices for change and we work to ensure they are heard safely and widely.

 

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