Unless
the draconian Prevention of Terrorism Act and the Emergency
Regulations are removed, torture would go on unabated in this
island", said Mr. Kasinather Sivapalan, a Human Rights Activist
speaking at the seminar by the Family Rehabilitation Centre to
mark the United Nations' International Day in Support of Victims
of Torture observed in Trincomalee Tuesday.
"The 1948 Universal Declaration of Human Rights, the 1966
International Covenant on Civil and Political Rights and the
1984 Convention Against Torture and other Inhuman or Degrading
Treatment or Punishment make it clear that international law
bans torture and, yet throughout the world torture continues"
said Ms Nienke Kramer, Associate Field Officer of the United
Nations High Commission for Refugees (UNHCR) delivering the
keynote address on 'Together against Torture'.
She said: "The eradication /abolition of the practice of torture
in the world was one of the major challenges taken up by the
United Nations only a few years after its establishment. In
order to ensure adequate protection for all persons against
torture and other cruel, inhuman or degrading treatment or
punishment, over the years the United Nations has adopted
universally applicable standards. These standards were
ultimately embodied in international declarations and
conventions."
Attorney-at-Law Mr. Sivapalan, who addressed the seminar on 'Law
and Practice of Human Rights' said: "I would say that one
hundred percent cases filed in High Courts by the Attorney
General solely depend on confessions to prove the accused
guilt".
Mr.K.Sivapalan, a Human right activist and an Attorney-at-Law
speaking at the seminar. (Photo: TamilNet)
"Under the normal law of the country, a confession made by
accused persons cannot be used against them. This basic human
right was removed with the introduction of Prevention of
Terrorism Act and the Emergency Regulations proclaimed by the
head of state. Clause 60 of the Emergency Regulations and Clause
18 of the PTA Act allow the Police to use confessions of the
suspects against them. The intention is to punish the accused
with his or her confession alone. Hence the PTA and ER compel
armed forces and police to use torture as a method for obtaining
confessions. Cases filed in courts in north eastern province
against members of armed forces and police are being transferred
to Colombo now. We must ask the authorities to allow such cases
be heard in northeast courts", he stated.
"A Human Rights National Action Plan should be formulated to
agitate for the removal of Prevention of Terrorism Act,
Emergency Regulations and other laws identified as violating
human rights and fundamental rights of citizens, Mr.Sivapalan
proposed.
Dr.Gnanagunalan who treats torture victims in Trincomalee said
in his address, "The FRCÌs responsibility is to rehabilitate
torture victims physically and psychologically. But it is the
bounden duty of the society to absorb rehabilitated torture
victims into the mainstream society. It is a pity to say here
that our society is ignoring the rehabilitated torture victims.
They are treated by the society as outcastes. Torture victims
find it very difficult to get admission for their children in
schools. Principals in some schools fear that other students
will fall into trouble if they (the Principals) admit torture
victimsÌ children".
"Rehabilitated torture victims also find very difficult to rent
outhouses. Owners of houses fear that they will be subjected to
unnecessary harassment if they rent out houses to torture
victims," according to Dr. Gnanagunalan.
Representatives of NGOs and students of leading schools in
Trincomalee town attended the seminar.
