Introduction

International Torture Prevention

The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT), adopted in December 1984, is an important international treaty that obliges state parties to take comprehensive measures to prevent acts of torture within their jurisdictions. Under UNCAT, state parties are legally bound not only to prevent torture but also to refrain from extraditing individuals to countries where they face a substantial risk of torture.

To enhance these protections, the UN adopted the Optional Protocol to the Convention Against Torture (OPCAT) on 18 December 2002, which entered into force on 22 June 2006. The OPCAT builds on the UNCAT by focusing on preventive measures, primarily through regular, independent inspections of places where people are deprived of their liberty, such as prisons and detention centres. These inspections, conducted by both international and national bodies, are designed to prevent torture, and other cruel, inhuman or degrading treatment or punishment by engaging in transparent oversight.

Sri Lanka joined the OPCAT on 5 December 2017, with the protocol taking effect on 4 January 2018. By acceding to the OPCAT, Sri Lanka committed to allowing independent oversight of its detention facilities, and accepting the mandate of the Subcommittee for the Prevention of Torture (SPT). The SPT’s role includes conducting regular visits and providing guidance to strengthen protections against torture and ill-treatment in places of detention worldwide.

The mandate of the SPT under the OPCAT includes two core elements:

1. Right to Visit Detention Facilities

The SPT is granted the authority to visit all places where individuals are deprived of their liberty within the territories of states that are parties to the Protocol. These visits allow the SPT to examine the treatment and conditions of detainees, ensuring that detention practices align with international standards to prevent torture and other cruel, inhuman or degrading treatment or punishment.

2. Support and Oversight of National Preventive Mechanisms

While the SPT has the discretion to select the states it visits, each state party to the OPCAT is required to establish, maintain, or designate an independent national institution known as a National Preventive Mechanism (NPM). These NPMs conduct regular inspections of detention facilities within their own countries. The SPT plays a supportive role by advising and assisting NPMs, helping to strengthen safeguards for those deprived of their liberty, and enhancing the NPMs’ authority and independence.

This two-pronged mandate establishes both international oversight through the SPT and robust national-level monitoring via NPMs, fostering a collaborative approach to preventing torture and safeguarding human rights in places of detention.

 National Preventive Mechanism (NPM)

The NPM is a national body established by states that are party to the OPCAT. Its mandate, derived from the OPCAT, is to protect the rights of individuals who are deprived of their liberty by preventing torture and other forms of cruel, inhuman, or degrading treatment or punishment.

The NPM’s core responsibilities include conducting regular, unannounced visits to various detention facilities, such as prisons, police stations, psychiatric hospitals, and immigration detention centres. These visits are aimed at monitoring conditions and treatment in these facilities, which are often hidden from public view and, as a result, vulnerable to human rights abuses. The central idea is that independent, periodic monitoring of these facilities serves as a strong deterrent against abuse and ensures that detention practices meet international human rights standards.

The NPM operates independently from government influence and is empowered to make recommendations for improvements. It also works in coordination with the SPT, which advises and assists NPMs in fulfilling their preventive role, reinforcing safeguards, and promoting transparency and accountability in places of detention.

The Human Rights Commission of Sri Lanka (HRCSL) was designated as Sri Lanka’s NPM by the Government of Sri Lanka on 8 December 2017 in line with articles 3 and 17 of the OPCAT. The HRCSL, through its NPM function, operates to protect individuals deprived of their liberty from torture and other cruel, inhuman or degrading treatment or punishment, making recommendations to authorities to improve conditions and prevent abuses.

Places the NPM Can Visit

According to article 4 of the OPCAT, the NPM has broad authority to access both public and private facilities where individuals are not free to leave at will. This includes a variety of detention and care facilities.

Operational Framework

The HRCSL, through its NPM function, undertakes regular visits and monitoring of detention and care facilities to review the treatment of those deprived of their liberty. It assesses adherence to international and domestic human rights laws, including the Sri Lankan Constitution, the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, and the Human Rights Commission of Sri Lanka Act, No. 21 of 1996. Following each visit, the NPM provides recommendations to address any identified issues or risks, and supports the improvement of treatment and rehabilitation opportunities.

The NPM’s independent assessments and recommendations contribute to Sri Lanka’s regional and international credibility and legitimacy in upholding the rights of detained individuals, promoting a rights-respecting environment across detention and care facilities.

In the 2023/2024 financial year, the HRCSL focused on strengthening NPM operations. The NPM conducts largely unannounced visits to various detention and care facilities, including:

• Prisons

• Police stations

• Children’s detention centres

• Elder’s homes

• Mental health Care institutions/ hospitals

• Rehabilitation centres for persons suffering from drug addiction

• Women’s detention homes

• Women’s safe houses

• Centres for persons with disabilities

• Foreign nationals holding centres/ Immigration Detention Centers

• Detention Centres for homeless persons

These unannounced inspections are part of HRCSL’s efforts to ensure the enforcement of its preventive mandate by assessing conditions in facilities and interacting directly with personnel and detainees. Through these visits, the NPM raising awareness among officials at these facilities and issues recommendations aimed at preventing torture and other cruel, inhuman or degrading treatment or punishment.