Condemned but not Deterred : Torture in Sri Lanka

Abstract

This brief explains the recent jurisprudence of the Supreme Court and provides insight into the continuing challenges concerning torture in Sri Lanka. It argues that, apart from judicial condemnation of torture, three major issues need to be adequately addressed to deter law enforcement from engaging in torture: (1) the costs and delays in seeking justice; (2) the lack of penal/disciplinary action against the perpetrators; and (3) the adhoc computation of compensation. The brief is presented in three sections. First, it sets out the legal framework pertaining to torture. Next, it explains the four recent landmark cases decided by the Supreme Court. Finally, it explores the three issues that impede meaningful progress on the elimination of torture in Sri Lanka.