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2. Torture, Justice and Democracy: Myths and Misconceptions Alice Verghese Reagan-Fascell Democracy Fellow National Endowment for Democracy June 25, 2008 The views expressed in this presentation represent the opinions and analysis of the speaker and do not necessarily reflect those of the National Endowment for Democracy or its staff.

3. Presentation Outline  Definition of Torture  Torture Legislation: The Practice on Paper  Torture in the Field: Myths and Misconceptions Context of Its Current Use Incentives to Use Torture Incidences of Torture  Consequences for Justice—Victor Madrigal Borloz  Consequences for Health—Dr. Allen Keller  Consequences for Democracy

4. Sri LankaPhilippines Convention on the Prevention and Punishment of Genocide (1948)  Geneva Conventions (1949)  UN CAT (1994)  Optional Protocol I  UN International Covenant on Civil and Political Rights (ICCPR) (1980)  First Optional Protocol to the ICCPR  Second Optional Protocol to the ICCPR  Rome Statute of the International Criminal Court  Convention on the Elimination of All Forms of Racial Discrimination (CERD)  International Covenant on Economic, Social and Cultural Rights (ICESCR) 1974  Convention on the Rights of the Child (CRC) 1980  International Obligations

5. Definition of Torture “…Any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person... for purposes such as obtaining from him information or a confession, punishing him for an act he has committed, or intimidating or coercing him. Such pain or suffering is inflicted by, or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity.” —U.N. Convention Against Torture

6. Formal Complaint Mechanisms in Sri Lanka Attorney General’s Office Special Investigative UnitProsecutor of Torture UnitDeputy Inspector General of Police (DIG)Superintendent of Police (SP) Assistant Superintendent of Police (ASP) Formal Complaint of Torture is Filed

7. Difficulties in Data Collection  Lack of consistent data collection methods  Fragmented response from those in the field  Torture’s secretive nature

8. Torture in the Field  Myth:In the presence of numerous international (and national) laws protecting human rights, a country’s key democratic institutions are better equipped to defend human rights.  Reality:There exists a large gap between legislation on paper and its implementation in practice.

9. Torture in the Field  Myth: Most incidences of torture are politically motivated, high-profile cases.  Reality:In practice, torture occurs on a routine basis and has become a common policing method in combating crime.

10. Torture in the Field  Myth: New emergency legislations will provide new safeguards against terror.  Reality:New emergency legislation has led to increases in state-sponsored violence.

11. Obstacles to Justice  Lengthy Detention without Charge  Blurred Lines of Accountability  Legal Exemptions for High Officials  Civilian Appointees with Powers of Arrest

12. Obstacles to Health  Delays in Examination  Lack of Qualified Medical Practitioners  Lack of Medical Confidentiality

13. PHYSICALLY FIT

14. Questions for Discussion  Why do we need public conversations on torture in democratic nations?  What are the consequences of torture at an individual, society and national level?  What can the international community do to support the torture rehabilitation and prevention initiatives in these countries?

15. Torture, Justice and Democracy: Myths and Misconceptions Alice Verghese Reagan-Fascell Democracy Fellow June 25, 2008