Objective: To understand the nature and the consequences of torture and other forms of cruel, inhuman and degrading treatment for the individuals involved

CASE STUDY: SRI LANKA

The following is a testimony of a prisoner in Sri Lanka, which has been verified by the Asian Human Rights Commission:

STATEMENT FROM MR. EDWARD, 13/9/99

(Prison No.2143; Case No.1294/99)

"01. I was blindfolded and beaten like an animal. The blows dislodged one of my teeth.

02. They placed some books on my head and hit with a pole. Then they hit my head on the wall. As a result of this torture I suffer severe headaches, weakness in my eyes. My eyes tear frequently and at times my sight in quite blurred.

03.Once they squeezed my sex organs and hammered me. As a consequence of this I have severe pain when I urinate, also pass blood with my urine.

04.Once they tied me to a bench and hit my feet with a pole. Then they put me flat on the face and hit me with the pole thus I suffer severe pain in my feet.

05.Another time they sent in a wire through my anus and drew it out. As a result I suffer severe pain when excreting, also I bleed at such times.

06.They press Petrol bags on to my face then I faint.

07.They threatened to sexually abuse my wife and eldest daughter

A. Starting up Discussion: (What do participants already know about torture, especially in their own country?)

1. Does TORTURE, as described in the case study, take place in your country?

2. Do other forms of torture (cruel, inhuman and degrading treatment or punishment) occur in your country?

3. Have you personally met and talked to anyone who has undergone some form of torture?

4. Why do you think torture is used?

5. Do you think it is important to know about torture an its consequences?

B. Which Acts Constitute Torture?

The following is taken from The Torture Reporting Handbook published by the Human Rights Centre, University of Essex. (see reference below)

Torture…encompasses many forms of suffering, both physical and psychological in nature. It is particularly important not to forget about psychological forms of ill-treatment - very often these can have the most long-lasting consequences for victims, who may recover from physical injuries yet continue to suffer from deep psychological scarring. Forms of ill-treatment which have been found to amount to torture, either alone or in combination with other forms of treatment, include:

• Falaka/falanga: beatings on the soles of the feet
  
• Palestinian hanging: suspension by the arms while these are tied behind the back
  
• Rape
  
• Suspension upside down
  
• Severe forms of beatings
  
• Electric shocks (very often to the genitalia)
  
• Whipping and burning
  
• Mock executions
  
• Being buried alive
  
• Mock amputations
  
• Submersion into water almost to the point of suffocation
  
• Psychological forms including severe humiliation, threats, insult and deceit

The international community is also deeply concerned about the following treatments, which may or may not be considered torture, depending on the circumstances:

• Corporal punishment imposed as a judicial penalty
  
• Some forms of capital punishment and the death-row phenomenon
  
• Solitary confinement
  
• Certain aspects of poor prison conditions, particularly if combined
  
• Disappearances, including their effect on the close relatives of the disappeared person
  
• Treatment inflicted on a child which might not be considered torture if inflicted on an adult

   

C. Who are likely to be the persons carrying out Torture?

Under the UN Convention, torture is necessarily carried out by, or with the approval of, a representative of the authority in power (torture may even be legal in some countries, but this does not excuse its use). This means that torture may be carried out by:

• The police
  
• The gendarmerie (in countries where this institution exists)
  
• The military
  
• Paramilitary forces acting in connection with official forces
  
• State-controlled contra-guerrilla forces
  
• Prison officers
  
• Death squads (torture following disappearance and preceding killing)
  
• Any Government official
  
• Health professionals - doctors, psychiatrists or nurses may participate in torture either by act (direct involvement which may include certifying someone fit for interrogation) or by omission (falsifying medical reports or failure to give appropriate treatment)
  
• Co-detainees acting with the approval or on the orders of public officials

In addition, torture often occurs in the context of armed conflicts, particularly internal conflicts involving forces in opposition to the authorities in power, and which control sections of the territory. In such circumstances, torture and other forms of ill-treatment may also be inflicted by:

• Opposition forces
  
• The general population

Finally, in a situation of corruption or lawlessness, the acquiescence of the government may enable torture at the hands of:

• Criminal organizations

• Actors on behalf of other powerful groups, such as large businesses

In new democracies torture appears to be a practice remnant from authoritarian regimes, and a means of individual power abuse by military or law enforcement personnel.

It can be assumed that torture also harms the torturer. Torture cannot be a random act because it is not in human nature to consciously, precisely and maliciously inflict pain and cruelty on another human. It requires organisation, planning and the abuse of a position of authority.

D. The Consequences of torture

The aim of any form of torture is to break down the personality and to destroy the identity of the victims. Torture is always induced deliberately, it is always linked to both physical and psychological pain, the victims are unprepared, and the inflicted pain is acute and chronic. Torture always creates continuing after-effects in the victim, often scarring them physically and mentally for life.

These after-effects are normal reactions by normal persons to a pervert, cruel, abnormal act. Importantly, the after effects can be treated and the victims rehabilitated, given the opportunity and resources to do so.

The families also suffer much anguish, and fear will often spread to them and to the entire sector of community, or even the whole nation they belong to.

Studies show that between 20% and 30% of the world's 18 million refugees are victims of torture. The number of non-refugee torture victims may more than double this figure. The consequences are many:

• Physical damage

• Psychological damage

• Loss of income/livelihood

• Fear - individual, familial and/or in the general population

• Breakdown of civic participation and of community

Physical and neurological signs of torture include soreness of wounds, painful scars, stiffness of limbs and muscles, atrophy and paralysis of muscles, hearing and vision loss, persistent headaches, etc. In addition to the physical wounds, torture victims suffer from psychological symptoms such as feelings of anxiety, guilt and shame, powerlessness in relation to the problems of everyday life, problems with concentration, poor sleep with frequent nightmares, impotence, etc.

QUESTIONS FOR REFLECTION / DISCUSSION / ACTION

1. Do you know of any other forms of torture? Or can you think of forms of mis-treatment which you would call a form of torture?

2. Do you agree that torture harms both the victim and the torturer?

3. What kinds of pressure would lead a person to commit / allow torture?

4. Would you, under any circumstances, consider the person who committed torture also a victim?

5. Can you think of other implications of torture, or do you know something about the implications described here? How far do the effects of torture reach?

6. Is there anything being done to support victims of torture in your locality / country?

7. What can you personally do to:

- assist known victims of torture
- prevent occurrence of torture in your locality / country?