Books

All the reasons why torture is inexcusable

Freedom from Torture,
A Right without Borders
By Dr. Chandradasa Nanayakkara

Reviewed by K D C Kumarage, MA LLM MPhil. JPUM
Attorney at Law

Doctor Justice C. Nanayakkara’s work on Torture, a crime in international criminal law, which has crystalised into a peremptory norm of international law or a jus cogens will fill the lacuna of scholarly writings on the subject. He has traced the history of torture and describes how torture can have enduring negative effects on both survivors and perpetrators, and how ineffective it is for obtaining correct information if the whole idea of torture is to extract reliable information.

The author opines that despite many national and international laws and codes promulgated to prohibit torture in its widespread use, torture continues as part of internal conflicts within nations. He also states that the issue of torture has most recently stirred a debate with respect to investigative practices used by the US in the new ‘war against terror’ unleashed after the twin tower attacks by Muslim fundamentalists.

Torture, cruel, inhuman and degrading treatment or punishment is prohibited both under conventional and customary international law and under many domestic legal systems in the world.

IN addition to the prohibition in international and regional human rights instruments, other treaties specially addresses torture including the widely ratified Convention against torture .

International humanitarian law also contains this prohibition, which is applicable to all categories of persons under international humanitarian law, The writes states citing international jurisprudence that torture violates the basic principle of humane treatment; particularly the respect for human dignity.The writer also highlights drawing from international jurisprudence that certain forms of humiliation, coercive interrogation, sensory deprivation or other extreme conditions of detention that could amount to torture. He also describes forms of torture like the Dharmachakra and which are being used by Sri Lankan law enforcement agents to extract confessions from detainees.

Legal conext

The writer summarizes the empirical research and places the issue of torture in a social-psychological and legal context.

He draws particular attention of the reader to the psychology of coercive interrogations and the problem of false confessions and how torture could extend throughout the life of the survivor affecting his psychological, familial and economic functioning.

It is the view of the writer that the conduct of the person mistreated is entirely irrelevant to the prohibition, as is the purported reason for the mistreatment, whether serving the ‘greater good’ of protecting communities from terrorist violence or extracting information concerning future terrorist threats.

The most important aspect of the work is that it encompasses an array of topics in relation to torture, which could not be found in one book on the subject. The writer draws an inter-farce between the applicability of international convention on torture in international law and domestic law and the relationship between enforced disappearance, torture, domestic violence, rape as a weapon in war, and also the cites death penalty as a form torture, He also is highly critical of any form of corporal punishment and condemns inhuman methods of corporal punishment meted out not only to convicts but even to persons suspected of crimes on expatriate workers particularly in countries in West Asia.

The chapter on the question of locus standi in fundamental rights litigation in Sri Lanka will be of much use to lawyers handling fundamental rights cases and students of law, sociology and political science. The writer also draws comparisons with the fundamental rights petition in other jurisdictions too.

Reasons

The writer rightly reasons out that in Sri Lanka as well as in many other countries that are beset with, terrorist, problems seem to condone torture perpetrated by their agents, which cannot be justified under any circumstances since torture is a peremptory norm in international or jus cogens.

The writer’s recommendation is that officers interrogating suspects should be properly trained and the newly inducted personnel of the armed forces, police and other para-military and auxiliary units be educated. Giving a cart- blanche to arrest, detain and interrogate suspects, the author states, can soon turn the peace officers into law breakers who will flout the law with impunity and resort to every possible violation of citizens rights including the right to be free from torture.

Dr Nanayakkara’s book will certainly be useful reference material for academics, researchers, lawyers, human rights activists as well as for the general reader.

Book Launch

Apooru Gayakaya at Soysapura

A new book titled 'Apooru Gayakaya' by Gunaratne Ekanayake will be launched at Nipun Book Centre, Soysapura on July 15 at 9.30 a.m. The book, which is a compilation of selected short stories by the award winning writer who has authored over 40 books, promises to cater to a wide readership.