• Cops, policymakers, forensic experts discuss need to address issues 
• Note the lack of  technology/facilities, legal support, and related delays which exacerbate the plight of victims of custodial torture 

Police torture is not just an issue that concerns the Police. In many cases, the victim’s suffering is further aggravated and is left unresolved for a long time in the process of seeking justice due to various factors such as the lack of support from lawyers and cases dragging out. Therefore, delays in obtaining justice should be identified as a crucial factor that allows the growth of violence and torture.

The importance of looking into less talked about yet crucial aspects of addressing Police torture and also taking the country’s human rights situation seriously was stressed during a discussion held this week in Colombo in commemoration of the 75th International Human Rights Day. Titled “The Root, Context and Solutions of Police Torture: The Policy Discussion” and organised by the Sri Lanka Collective Against Torture and the Right to Life Human Rights Centre, the discussion was joined by Minister of Justice, Prisons Affairs and Constitutional Reforms, President’s Counsel Dr. Wijeyadasa Rajapakshe, Judicial Medical Officer (JMO) Prof. Clifford Perera, and Senior Deputy Inspector General of Police (Rtd.) Priyantha Jayakody, among several other speakers. 

Updating interrogation techniques

Jayakody explained that attempts have been made to educate the Police on scientific interrogation techniques, adding that human rights violations at the hands of the Police, especially torture, relates mostly to the interrogation-related aspect of criminal investigations. In this regard, he pointed out the importance of attitudinal changes in the Police, which he said have not been successful. 

“This is an ongoing system, mainly due to our inability to properly design the Police structure. In developed countries, there is a separate discourse on how the Police should interact with people, and in addition, and especially, they have identified the relationship between Police interrogations and torturing. People expect crimes to be investigated promptly. It has resulted in the mentality that it should be achieved even through the use of violence, which is observed in prominent figures as well as within the Police. Most Police officers employ this short process in investigations. In today’s world, there are a plethora of scientific methods and technologies to obtain information, which Police officers have ignored, resorting instead to the power of the baton,” he said.

He further expressed concerns that updating and integrating technology in the Police has been delayed significantly, noting that Sri Lanka’s neighbour, India, however, uses a great deal of technology for criminal investigations. “There are many technologies today. The issue is not using them,” he emphasised, pointing out a lack of interest among top authorities to pay the necessary level of attention to this matter. Jayakody pointed out that some Police officers allow their personal feelings to stand in the way of their investigations, which he said should be based on facts and logic. According to him, it is through proper training that such feelings and behaviour could be controlled, and that the best way to train Police officers in that manner, is the use of technology. He added that it is the gaps pertaining to adopting and using technology that has resulted in the prevalence of Police torture.

Legal reforms in combating injustice

Dr. Rajapakshe noted that amidst ups and downs, various steps have been taken to curb Police torture, which violates the fundamental rights (FR) guaranteed in the Constitution. According to him, these steps included improving the functioning of the Police as well as the introduction of the Assistance to and Protection of Victims of Crime and Witnesses Act which led to the establishment of an Authority. He further pointed out steps taken to expedite the obtaining and issuing of medical reports in road traffic accidents and related measures. 

With regard to delays in providing justice, he said: “This is a matter that is being discussed globally, and is applicable to Sri Lanka as well. We have enacted a number of laws and regulations in this regard. One reason for such delays is the unavailability of witnesses in criminal cases. To prevent such, we passed an Amendment to the Code of Criminal Procedure which empowers the court to decide which witnesses are necessary to continue and conclude the case, and to permit certain witnesses to not be present in court in order to efficiently conclude the hearing of criminal cases. 

“In addition, we proposed a sentencing policy, which also is an Amendment to the said Code, which we are planning to pass by January of next year (2024). There are many injustices in this regard. When a person gets convicted for certain charges, sentencing begins from the date of the final verdict. For example, if a person gets convicted for 10 years, by that time, that person may have spent five years in remand prison as a suspect. That is the nature of the country’s law. Therefore, these provisions (amendments) aim to reduce the time a person has spent in prison before being sentenced as a suspect or otherwise from his/her final sentence,” he said. 

In addition, noting that a plea bargaining law is to be introduced, he added that the proceedings under that law would help shorten the period taken to conclude the hearing of certain cases. He acknowledged the detrimental impacts of cases taking a long time to conclude, further explaining that many developed countries follow plea bargaining systems, an example being around 97% of the cases in the United States being concluded through the employment of such systems. Steps are also underway to adopt a house-arrest or custodial-arrest system to prevent those charged with minor charges from having to be in prisons amidst seasoned criminals, as per Dr. Rajapakshe. “Our court system sentences an accused based on the assumption that he/she is well aware of the offence that he/she committed. However, what the government or the society does to educate the people of the relevant laws is minimal, and therefore, such awareness raising efforts are necessary.”

Medical evidence in torture incidents

Meanwhile, Prof. Perera was of the opinion that delays or the reluctance in updating the Police’s operating systems has led to the increased prevalence of Police torture, regarding which he said that if the Police takes the necessary steps to put an end to Police torture, other interventions would not even be necessary. If the Police are not willing to evolve in that manner, he stressed, other external interventions would not provide adequate results. One crucial party he identified in this process was JMOs. He explained the JMOs’ role in dealing with cases of Police torture both in Sri Lanka and globally, adding that there are instances where JMOs had to deal with external influences as well as various legal issues. 

A doctor’s role in this process is extremely important, and doctors’ reports are important in FR cases within the existing legal system. He pointed out that at times, there is no evidence to prove torture incidents unless through a doctor’s report. In this context, while there is a discourse on how JMOs should deal with torture victims, there are a number of internationally recognised guidelines for doctors on how to examine such victims. 

“There are a number of such guidelines. However, how much facilities we have in order to employ them, is an important fact to consider. As in the case of the Police, in the health sector as well, at times, the necessary facilities are lacking. There is a hierarchy in the hospital system, and only some hospitals are equipped with certain facilities. Sometimes, we have to transfer injured persons from one hospital to another, and sometimes, due to security-related issues, it is impossible to admit them to the hospital. In such cases, they have to personally seek the service of other hospitals and have the necessary tests done. There is a problematic situation within our health sector in that regard, because, in order to provide an accurate report, it is necessary to complete all the relevant tests. There is also a time-related issue in this context.”