28 Volume 27, Number 1, 2017 Wendell Block, M.D.,* Jessica Lee M.D.,* Kera Vijayasingham B.A.* Vijayasingham Kera M.D.,* Lee Jessica M.D.,* Block, Wendell review retrospectivea Lanka, Sri in profit Torture’smoney: for Mercy to link prior to their hearings in totheirrefugeehearings prior Toronto Victims of Torture formedicalassessments totheCanadianCentrefor Lanka referred of98refugeeclaimantsfromSri the charts Correspondence to: [email protected] to: Correspondence Torture of Victims for Centre Canadian *) Lanka.war inSri andafterthedecades-long torture, during takinginexchangeforreleasefrom bribe of spective thepattern studyistodescribe Background: Abstract • • High prevalence suggeststhat perpetra- • Torture unlikelytostopuntilfinancial • Significant economicandsocialimpact • Victims may notgenuinelybeconsid- • This papersupplementsearlierstudies interest: of points Key extortion. but areusedfor risk ered tobeasecurity incentives areremoved. locations.and acrosswidegeographic involving organizations, multiplearmed throughout thewar, afterthewar, Lanka, inSri addingtrends torture paymentson prevalence toend ofbribe and benefitfromimpunity. actincollusionwiththeirsuperiors tors islikely.on families

ofthisretro- The purpose Methods: We reviewed vulnerable tothisabuse. multiple populations theworld over are andimpunitymeans between torture assailants areenriched. The frequentlink whiletheir significant economicinjuries suffer andtheirfamilies victims oftorture unchallenged. As well ashealthinjuries, unlikely toendwhileprofitmotives remain Interpretation: the endofwar, inclusive of2013. after was stillreported extortion monetary incomes. andrelated The practiceoftorture compared toaverage Lankanannual Sri Payment were high amountsas reported in32percentoftheincidents.was described moneybydoingso.extorted A middleman and non-governmental) practicedtorture once. (governmental and Multiplegroups morethan 43 subjectspaidtoendtorture at leastonce. paying toendtorture described definitionsoftorture Court Criminal Convention Against Torture/International ordealsmettheUnitedNations reported that 78ofthe95subjects(82.1%)whose coded andevaluated. mental militantgroups. Collecteddata was trated bybothgovernmental andnongovern- amounts paid. We perpe- includedtorture perpetrators, locations, and, ifavailable, such asdemographics, organizations ofthe torture, andcollectedotherassociated data toend paying cashorjewelry described number ofincidentsinwhichclaimants between 1989and2013. We talliedthe Torture Lanka is inSri E L C I T R A C I F I T N E I C S Findings: We found TORTURE Volume 27, Number 1, 2017 29 For years the LTTE enforced years the LTTE For 4 (p3-39, p47-54) After p47-54) (p3-39, 2, 3 2, A war for an independent Tamil state in state Tamil for an independent A war sophisti- their own developed The LTTE Four hundred years of colonial rule led Four their de facto governance over large regions their de facto over governance under their control. achieved independence from Britain in 1948, independence from Britain in 1948, achieved the increasing frictionthere was between minority. Tamil Sinhalese majority and the new legislationGovernment and successive constitutions promoted majority aspirations and other minority rights Tamil eroded but and their traditionally held protections. the north eventu- and east of the island was Tamil Tigers of ally led by the Liberation It began Tigers). Tamil or Eelam (LTTE, after years of political frustration and the Tamil militant of several development broke out after open war Ultimately, groups. riots in which one to “” the 1983 killed in citizens were Tamil three thousand for the killings of Sinhalese retaliation soldiers the north. in and also used suicide armycated and navy, their detractorsand other bombings to attack and civilians to instill fear throughout the of Sinhalese and “Ethnic cleansing” country. “home- Tamil Muslim people took place in also accepted and The LTTE lands”. as membersconscripted of their women “Black including the elite fighting ranks, This who carriedTigers” out suicide attacks. as as well women, Tamil young meant that “terror- be suspected of being would men, notorious were for con- The LTTE ists”. scripting children and forcing them into their fighting ranks. consequences. Outsiders such as ourselves consequences. are misrepresent what will inevitably omit or In the following important facts to many. is assuredly a very give what we paragraphs, context for this paper. limited sketch of the represen- and administrative to identification through essentialized ethnic catego- tation ries. The purpose of this 1 Sri Lanka, torture, bribe, extor- bribe, torture, Sri Lanka, By reporting descriptions of recurring Keywords: Background in which and the locations Civil conflicts, open violence, into these conflicts devolve causes and multiple histories, involve SCIENTIFIC ARTICLE chart retrospective review tion, Introduction Reports of bribe end torture to payments are the phenomenon is rarely yet commonplace, efficacy as Torture's given detailed attention. and the related a tool to increase security, are frequent legal and ethical problems, Medical subjects for public discussion. and accounts generally focus on the physical psychological impacts torture has on affected than on torture's rather profound individuals, social sequelae. retrospective study is to illuminate one of study is to illuminate retrospective socio-economic dimensions within torture’s torture the link between a particular context: and bribe extortion during 1983-2009 the and during the war’s in Sriwar Lanka, Based on aftermathimmediate (2009-2013). the reports of 98 Sri refugee Lankan claimants assessed in Canada during that this study identifies organizations time, whose members gained financially through and the amounts of cash involved, torture, the frequency were with which detainees The released because they paid bribes. political/security as aims of the perpetrators, reported by the victims as the overt motiva- these distinguish tion for their torture, actions from the criminal form of kidnapping which in itself is not considered for ransom, torture. torture-ending it patterns bribes, involving financial extortioncan be argued that is intertwined with torture in Sri Lanka and is thus a potent driver the profit motive that of the practice of torture. 30 TORTURE Volume 27, Number 1, 2017 and tensofthousandswere killed. civilians were displacedbythewar’s violence them toundisclosedlocations. Millionsof suspectsandmove detainterrorist arbitrarily powers to further had given theauthorities (PTA) of1979, in1982, madepermanent uprisings. The Prevention of Terrorism Act based Janatha Vimukthi Peramuna (JVP) suppression ofthelargelySinhalese, class- Ordinances Public Security Act tofacilitate promulgated in1971underthe originally empowered regulations, byemergency its response. wereThe authorities already ment and the LTTE was declared officially conflict resumedin2006. (6, p243) in 2002, andopen but peace-talksfailed ceasefire was brokered by Norway and signed in1990.departure Another important losses inflictedbythe forcedtheir Tigers andeastofthe island,north untilheavy Indian Peace KeepingForce (IPKF)tothe Lanka Indo-Sri Accord of1987broughtthe ceasefires.number ofpoorlyobserved The police were allinvolved intheconflict. intelligence agencies, “home guards” and the in support ofthegovernment.in support group theirown in 2004toform splitfromtheLTTE andhisfighters Karuna Lanka, Sri hegemony ineastern “” and influence. Inamajorblow toLTTE and presumablytoextendtheirown power the government’s aimtodestroy theLTTE, of insupport worked alongsidethemilitary Convention againstCorruption. 2004, Lankaratified theUnitedNations Sri in 1994. Also ofnoteisthat, inMarchof Convention against Torture Lankaratified the not changeafterSri common, aswere disappearances. This did ofcivilianswas Detention andtorture For its in part, the government was brutal The war between the Sri Lankan govern- Over ofthewar, the years therewere a Multiple Tamil groups paramilitary

5 Government 2 (p278) of thesedocuments(n=98). For each excluded becausetheydidnotcontainboth the medicalreport. Two claimant fileswere included theclaimant’s legalnarrative and adjudicators.immigration accepted asevidencebygovernment werehearings, wherethesemedicalreports totheirrefugee documentation prior lawyerstheir immigration formedical Centre for Victims of Torture (CCVT)by totheCanadian claimants hadbeenreferred consistent withthegiven history. The statement astowhetherthefindingswere alongwitha in themedicolegalreport ofthephysicala detaileddescription findings to torture, attributed of any orinjuries scars careful examination relevant history-taking, article. The medicalassessmentsconsistedof Dr. Wendell Block, ofthis oneoftheauthors conductedby examinations were originally December 2013. 89ofthesemedical physiciansfamily from1990through Lankan refugeeclaimantsassessedbytwo were The reviewed thoseofall100Sri charts Methodology detained in “rehabilitation camps”. killed in the final conflict and thousands were LTTE - as many as 40,000 civilians were been coerced by both sides to retreat with the leaders. Thousands of Tamil civilians had the fighting, along with many other top supreme leader of the LTTE, was killed in into detention. Velupillai Prabakharan, the coast, where they were either killed or taken strongholds and cornered them on the east paign had pushed the LTTE out of their over in May of 2009. A long military cam- reported by Sri Lankans. Detentions and torture continue to be traditionally Tamil regions of the country. and abuses of human rights are ongoing in spite of the war’s end, military suppression The charts reviewed forthisstudy The charts E L C I T R A C I F I T N E I C S 8 7 (p32) In TORTURE Volume 27, Number 1, 2017 31

11, 12 11, and, subtype (3) the and, 5 The definition of torture used in this not refugee claimants. A common theme was A common theme was not refugee claimants. the police use of torture to gain confessions of crimes and/or to extort bribes from usually from randomly arrested individuals, the poorer classes. article Conven- of the United Nations is that Article 7 of as as well Torture, Against tion of the Internationalthe Rome Statute Criminal Court (to include torture perpe- groups). combatant by non-State trated Findings The 98 subjects described 201 distinct torturedetentions which included physical 121 of these detentions For (first subtype). a clearly described gained payment (60.2%), Incidents in which a release. the person’s arrangedrelease was without the explicit description of cash or jewelry of payments 20 clear There were not counted. were descriptions paid to end of payments detentions which did not include overt Payments (second subtype). abuse physical times to end assaults by also made five were authoritiesgovernment or militants outside there Thus, of detention (third subtype). “bribe 146 torture-ending incidents”. were These are broad definitions, and to form a These are broad definitions, clearer picture of the kinds of torture an initial findings, represented by this study’s subtypes: three distinction is made between in which the torture, “classical” subtype (1) and/or sexual abuse victim alleges physical in a facility least overnight while detained at organization; controlled by the perpetrator’s in which the subtype (2) arbitrary detention, victim alleges detention in poor conditions, of without knowledge without legal access, and with full when they might be released, they could be physically/ that knowledge sexually assaulted; without abuse victim alleges physical overnight). least not detention (at

9 The victims in these cases were The victims in these cases were 10 In February and March of 2014, the In February and March of 2014, Transparency reportsRelevant included individual, while reviewing their chart, a their chart, while reviewing individual, to note their created document was separate demographic ethnicity, (including data level, education of birth, year gender, assessed by year marital status, occupation, CCVT) and the details of each at physician reported incident of torture (including year age of individual during incident, of incident, characteristics of military group involved, group mediating detention time, detention, judiciary of incident, location (if applicable), round-up versus (if applicable), involvement scars). and related individual detention, the Using a predetermined coding system, transferred was individual data onto a spreadsheet for grouping of information and to assess inter-rater In order comparison. randomly selected each reviewer reliability, charts and recollected the ten of the other’s recorded the second time was The data data. consistent with the initial collection. “Sri Lanka “Sri civil war”, Lanka keywords “Sri Lanka bribery” were and human rights”, Toronto of used in a search of the University articlesLibrary’s (which and databases include medical and interdisciplinary looking for writing directly databases), linking human rights with bribe abuses also accessed the resources of We extortion. to monitor human known organizations Informationrights about issues in Sri Lanka. Sri readily accessed Lankan incomes was through Sri websites. Lankan government ‘Absolute “In Pursuit of International’s Integrity’—Identifying Causes for Police Corruption which addressed in Sri Lanka”, the issue of ongoing police corruption. SCIENTIFIC ARTICLE “Police Torture Cases: Sri Lanka 1998- Cases: Torture “Police Asian Human Rights Commission an 2011”, summarized the most serious publication, 323 out of 1500 reports of torture during time. that 32 TORTURE Volume 27, Number 1, 2017 Table 1: *** War was officiallyover Lanka inSri ** Ceasefireperiod the timeofmedicalexamination elapsed between and thealleged incidentsoftorture * Inallcases, asignificantamountoftime had Canada* assessment in Time ofmedical =38(38.8%) Married status Marital labourers Fishers, farmers, Occupation =6(6.1%) Primary Education birth of Year Gender Tamil =89(90.8%) Total (n)=98 Ethnicity Characteristic

Study Population Characteristics (22.4%) 2010-2013*** =22 2006-2009 =6(6.1%) 2002-2005** =11(11.2%) 1989-2001 =59(60.2%) Unknown =33(33.7%) Widowed =3(3.1%) Single =24(24.5%) Unknown =15(15.3%) Unemployed =2(2%) Students =4(4.1%) Professionals =10(10.2%) = 23(23.5%) Commercial business = 44(44.9%) Unknown =15(15.3%) (18.4%) Post-secondary =18 =59(60.2%) Secondary 1990 andafter=0 1980-1989 =13(13.3%) 1970-1979 =43(43.8%) 1960-1969 =20(20.4%) 1950-1959 =16(16.3%) 1940-1949 =2(2%) 1930-1939 =2(2%) Before 1930=2(2%) Female =8(8.2%) Male =90(91.8%) Unspecified =1(1%) Muslim =1(1%) Sinhalese =7(7.1%) 2009. 12 incidents occurred after the war. between 2007 and the war’s end in mid- during the 2002-2007 ceasefire, and three incidents took place from 1991-2002, seven Force (IPKF) was Sri Lanka.in northern 105 1987-1990, when the Indian Peace Keeping 1985. 17 incidents took place in the period Timing: ized inmoredetailasfollows: incidentscouldbecharacter- The 146bribe end morethanoneordeal. least once. paying to 43(55.1%)reported paying toenditat78 (82.1%)described oftorture, the 95individualswithahistory definition.satisfy theUNtorture Thus, of of detention, incircumstancesbelieved to physical abuse, ortoendanassaultoutside once toendadetentionnotinvolving place. Another five paying at described least took whichphysicaltion during torture incident inwhichtheypaidtoendadeten- at leastone tortured, 73(76.8%)described unrelated totorture. Ofthe95whohadbeen Canadian refugeeclaimsforreasons *Incident =anincidentofpaying toend torture Table 2: Three ofthe98individualsmadetheir Number of incidents* Numberofincidents*perclaimant Two incidents occurred in 1984- 1 0 1 4 9 28 7 35 6 17 5 4 3 2 1 0 E L C I T R A C I F I T N E I C S Number ofclaim- ants thusaffected TORTURE Volume 27, Number 1, 2017 33 33 ) who arranged sic Time in detention was Time in detention was Although the aims of this A numeric amount was “the Catholic priest”, the “Gram Sevaka” “Gram Sevaka” the priest”, “the Catholic connections”, with “someone leader), (village case a In one father’s”. friend“a of my and bribe directly to a nurse paid was a at who One man, escape. hospital to enable an in 1996 had been apprehended by the Vavuniya, the police in to and turned over was he this description broker: of his gave “one of the middleman ( for and collected bribes on behalf of the army”. Bribe amounts: used in Jewelry was recorded in 73 incidents. The bribe not amount was incidents. five the 4 shows Table recorded for 68 incidents. highest and median amounts lowest, reported per phase of the war. Detention times: reported as one month or less in 112 of 141 The detentions ended by a bribe (79.4%). longest detention ended by a bribe 2.5 was years. method: Torture cata- study did not include a quantitative logue of the methods of torture described by the methods should be men- the subjects, tortureThe most common physical tioned. with slaps, method included blunt beatings with implements and blows kicks, punches, sand-filled pipes and rifle such as batons, Other torture methods included sexual butts. and burns, suspension, asphyxiation, assault, Psychological techniques stress positions. threats humiliation, included isolation, exposure to the threats), (including death torture sleep interruption, and of others, confined in Detainees were abuse. verbal cramped quarters toilets, beds, without dirty, of poor was Food or ready access to water. no access to There was quality and minimal. with the legal assistance or communication Years Years occurred incidents 13 1989-2011 In 47 incidents, a specific In 47 incidents, incidents See Table 3. Table See Military/Militant in groups involved CID 3 2009-2010 IPKF 6 1989 Police 47 1992-2008 LTTE 14 1990-2003 groups Others 3 - Group Number of SL Military 60 1984-2013 Paramilitary incidents* Table 3: Table *Incident = an incident of paying to end torture/*Incident = an incident of paying detention EPRLF and PLOTE, groupsParamilitary = EPDP, Karuna Eelam Tamil of Tigers = Liberation LTTE Department CID = Criminal Investigation Force IPKF = Indian Bribe mediators: individual or group a third named as was party who arranged the bribe payment The (family members not included). in five “brokers” describedmediators as were Lodge owners in (Sri cases. described as perform- capital) were Lanka’s Providers of ing this service in 11 cases. the fleeing Tamils temporary housing to the conflict zones en route to leaving step in these lodge owners would country, when the police conducted with a payment round-ups (round-ups which led to Tamil for a few generally detention and torture, Tamil Other mediators included days). “a Muslim paramilitary groups (7 cases), “a Muslim these was (6 cases—one of man” and the agents who had been woman”), hired to get the subject out of Sri (8 Lanka “a lawyer”, descriptors Other were cases). Offenders: SCIENTIFIC ARTICLE 34 TORTURE Volume 27, Number 1, 2017 (June 4, 2015)) Table 4: episode of torture. Documentation of scarring physical scars consistent with at least one paid at least once to end torture, 76 had multiple times. Of the 78 individuals who had study subjects reported being tortured Associated physical scars: inonecase. described Legal involvement: round-up.detention beganwithagroup Round-ups: provided in137cases. SeeFigure1. Location: detention would last. outside, andnosenseofhow longeach Ceasefire Agree- *Phases of War in asdescribed The Cage Tsunami (CFA PFpeec 9718 5002,0 5005/14 25,000 25,000 15,000 1987-1989 IPKF presence LTTE/Karuna hs fWr eidLowest Period Phase of War* ea a I 9520 ,0 0,0 75039/92 37,500 300,000 5,000 1995-2001 Eelam War III Eelam War IV ea a I19-9430030002,0 11/16 29,000 300,000 3,000 1990-1994 Eelam War II still ineffect) ment (CFA) ea a 9318 0002,0 0001/2 20,000 20,000 20,000 1983-1986 brokered otWrJl20-032,0 ,0,0 2,0 10/12 225,000 2,500,000 25,000 Jul2009-2013 Post War split and Norway

Amounts paidperphaseofwar, LankanRupees(Rs. inSri 100,000equals746USD The incidentlocation was In48incidents, thereported 0220 000500025002/2 275,000 500,000 50,000 2002-2003 0420 000100010003/4 100,000 120,000 80,000 2004-2005 2006- Jun Access toalawyer was 2009 Most of the 6 (Timeline p240-244) reported 0,0 0,0 0,0 2/4 200,000 300,000 100,000 amount men described paying bribes toendtorture: paying bribes men described Sinhalese men: twice. Two paidwithjewelry. paying toendtorture,described oneofthem Women: and 71. were 15oryounger). The two eldestwere 68 50, but 22were undertheageof21(three whenpeoplewere(120) occurred age21to Age at time of incident: apparent at the medical assessment. 146 bribe incidents resulted in scars still assessing doctors in the first place. 43 of the the predominant reason for referral to the two and on-going injuries related to torture was reported Highest amount Five oftheeightwomen (all Tamil) Four oftheseven Sinhalese einNo. of Median E L C I T R A C I F I T N E I C S Mostincidents reported/Total incidents with no. ofbribe incidents amount TORTURE Volume 27, Number 1, 2017 35 Map showing incident locations, year of incidents and perpetrators year incident locations, Map showing Figure 1: SCIENTIFIC ARTICLE 36 TORTURE Volume 27, Number 1, 2017 described at leastoneclearincidentof described Other extortions: payments toLTTE athreat. toavert making of theseindividualsreported as awhole.similar tothestudygroup Nine were quite one oftheirepisodestorture mention any payments toendat bribe least torture: No mention of paying bribes to end reorganize LTTE. being members of, supporting, or trying to end, Tamil victims continued to be accused of station and I was kept there.” After the war’s The EPDP took me to the Wellawatte police police . . . I did not have that kind of money. otherwise they would turn me over to the demanded 2 lakhs [200,000 Rs.] from me, one person recorded that the “EPDP generally not overt at the beginning, though joining them. Demands for money were also used torture to pressure their victims into accused of supporting the JVP. the city were suspect. One person was also in Colombo where Tamils from outside the conflict zones after LTTE actions, and terrorist. “Round-ups” of Tamils occurred in tion that to be Tamil was to be a suspected about LTTE. There was an implied assump- supporting LTTE, or of having information accused of being LTTE members, of military, police, or paramilitaries were In the majority of cases, those tortured by the of giving information to the army (or IPKF). refusal to cooperate with them, and suspicion the torturers, the reasons for torture included leveled by their torturers. When LTTE were subjects generally related the accusations narratives and medical histories, the study Reasons given for torture: personnel. three topolicemen, andonetoarmy

The 17individualswhodidnot 77ofthe98people In their legal Decline -StudyonPrevalence, Determi- 1,000,000 Rs.). In “The RuleofLaw in were rangedfrom350,000to high(bribes gain theirrelease, amounts andthebribe that ransomshadbeen paidto 20 reported showed that thepracticecontinues: 19ofthe Tamils in2015 whohadbeentortured The samegroup’s follow-up studyof20 detainees. forthereleaseofsecurity demanding bribes personnel ofpoliceandmilitary reports Lanka’s Detainees” Security describes ’s “Locked Away—Sri Discussion a bribe hadbeenpaidtogaintheirrelease. a bribe that 38 ofthe40cases, reported thesurvivor conducted bynineindependentlawyers; in survivors, Lankantorture withSri interviews This studypresentstheresultsofstructured Sexual Lanka2009-2014”.Violence inSri their STOP studyentitled “Torture and Lanka,and JusticeProjectofSri published Wales, alongwiththeInternational Truth Human RightsCommitteeofEnglandand by paying bribes. that 105(71%)gainedtheirrelease reports between May 2009andSeptember2013, Lankanauthorities bytheSri tortured assessments of148peoplewhohadbeen May 2009”, basedonthemedicolegal “Tainted Peace: Torture Lankasince inSri and even theirblood(for transfusions). their vehicles andbelongings, theirlabour, also forcedtogive theproductsoftheirwork, not always demandsforcash. People were and eightbythemilitary. The threats were groups, fourbytheIPKF, fourbythepolice, by these extortions Tamil paramilitary theirchildren.conscript 15peopledescribed assault, kill, ordetainthe victims; orto outwiththreats to were carried extortions generally byLTTE (68ofthe77). These - outsidethecontextoftorture extortion 13 Freedomfrom Torture’s 14 E L C I T R A C I F I T N E I C S (p9)In2014, theBar 15

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18 19 20 Income (Rs) Lankan Household while the Sri 2013 Lankan Sri Lankan Household Incomes Year Monthly Sri Median 2002 8,387 19 1990/911995/96 2,547 3,793 2009/20102012/2013 23,746 30,814 Thus individuals or groups who are 17 Table 5: Table given the opportunity profit to through torture are likely do so, to if on balance the benefits outweigh the potential risks. Comparing the bribe amounts 4 in Table with national household incomes 5) (Table shows that, in Sri Lanka, the financial rewards gained through torture are high. It should be noted that the inflation rate in Colombo for this time period was 696%, or roughly 30% per year (based on the Colombo Consumer Price Index (CPPI) as reported by the Sri Lanka Central Bank). conveniently labeled as “terrorists” or “enemy supporters”? Economists assume that people tend pursue to opportunities to better their lot in life, while minimizing risk. At the same time as financial rewards gained At the same time as financial rewards a review of Srithrough torture being high, the risks that political context reveals Lanka’s The Prevention to perpetrators are very low. securityAct and related Terrorism of “sus- authoritiesmeasures allow to detain Inflation rates would likely have been higher for regions of the country more directly affected by war. Further instructive comparators include: a police constable’s monthly wage in 2004 was Rs. 9,605 to 14,225, military website advertised monthly gross pay for officer as Rs. 26,617.

16 While these studies note frequent bribe The descriptions of bribe payments Does the “profit motive” act as a payments to end torture, the present study to end torture, payments examines the phenomenon in more detail; including ceasefires and throughout the war, and across widespread period, the post-war not The practice was geographic locations. but particularlimited to any organization, officials and practiced by government was Although militants alike. non-government individuals adults, young most victims were across all ages and in multiple social groups their chief commonality was targeted - were they supported that the accusation the of release by prevalence The high enemy. not the victims were suggests that payment truly risk considered to be a high to security. also suggests prevalence the high Further, taken place only have the practice could that as a result of the offending authorities/ militants acting in collusion with their superiors. within the documents did not describe the processes by which these transactions were aside from the or negotiated, initiated if even However, mention of mediators. on the side of the was initiation payment in a context in which these transac- victim, tions are common and the discrepancy in the parties between being so great, power responsibility must lie with the torture perpetrators. primary motive for the apprehension, detention and torture of individuals nants and Causes of Torture and Other Torture nants and Causes of Inhuman or DegradingForms of Cruel, in Sri or Punishment Lanka”, Treatment analyzes the lack Kishali Pinto-Jayawardena of protection from tortureafforded to Sri in spite of Sri Lanka’s Lankan citizens, domestic legisla-international agreements, should tion and institutions which in law such protection. them with provide SCIENTIFIC ARTICLE 38 TORTURE Volume 27, Number 1, 2017 comparator to bribe amountsreported). comparator tobribe ofthisstudy,time period andanotheruseful thehighinflation amount unchangedduring between Rs. 10,000andRs. 50,000-an against Torture finesshouldbe Act legislates Allegations of Bribery or Corruption.Allegations of Bribery established CommissiontoInvestigate Convention and has an againstCorruption, ence. has beenthesubjectofpoliticalinterfer- tively initiate investigations ofitsown, and ever, theCommissionisunabletoproac- 25,000. ordered theaccusedtopay thevictimRs. minimum sentenceisseven and years) tory (themanda- accused totwo inprison years sentencedthe HighCourt aseven year old.guilty oftorturing The the Polpithigama Police Station was found torture. Inonecase, theOfficer-in-Charge at convictions chargedwith ofauthorities 2012, therehadbeenonlyfive court Commission, Jurists the International asof protect, iswell documented. According to they agencies, groups andtheparamilitary The state ofimpunityforgovernment locations, oftime. andforextendedperiods pects” withoutcharge, inundisclosed es inany way theychose, ity andwere freeto “tax” resourc- andextort formany withoutaccountabil- years regions to heighten family fears andtherebyincrease fears to heightenfamily Torturers methods possiblyemploy harsher apprehended at allwithouttheprofitmotive. possible that many would nothave been brought higherdemandsfromLTTE. production, becausepositive outputsimply businesses, orreducingtheirfarming/fishing closingtheir studyreported the current loss of andminds”.“hearts Somesubjectsin apparently negative consequencebeingthe Sri Lanka is a signatory totheUN Lankaisasignatory Sri As forLTTE, theyoperated inlarge In terms ofimpact onvictims,In terms itis 24

21 (Sri Lanka’s (Sri 1994Convention 4, 25 withtheonly 23 How- 22 career. toafamily,economic injury business or functions byinstillingafearofsevere also that intimidation throughtorture oflarge sumsofcash,extortion itislikely the routinely brings context wheretorture or execution. Given thisstudy’s findings, ina rape, injury, permanent anddisappearance ones -changesbehavior throughfearofpain, -tooneselforlovedThe threat oftorture intimidating andsilencingopposition. issuccessfulin andthefearoftorture torture multiple effectsofaprotractedwar. health, fromthe inadditiontosuffering economy, qualityoflife, and ultimately subject’s withrespecttotheir families quences would thereforehave by tobeborne disruption. disability,permanent andfamily/social employment/education, or temporary orlost torture, whichincludeinterrupted over andabove the ‘usual’ economiccostsof leadingtoCanada.transport These costsare bo, control), andtopassport plusthecostof at checkpoints,of bribes topoliceinColom- hiredagents,(often describing thepayment largeamountstoleave thecountry further once toendtorture. Studysubjectspaid morethan of thestudysubjectspaidbribes study. arenotapparenttothis demanded bribes consequences tothoseunablepay the networks (includingthediaspora). The duress, ortheresourcesofextendedfamily liquidation ofassets, under loansarranged family’s abilitytopay likelydependedonthe paying themwould have beensevere; a also suggestthat theeconomicimpact of the victims’ release. The largeamountspaid large sumstheywere willingtopay togain of thevictims’ isapparentinthe families the amounts they can extort. The desperation On asocietallevel, itiswell known that Furthermore, itisnoteworthy that 55.1% Furthermore, 26 (p40-69)Far-reaching conse- E L C I T R A C I F I T N E I C S 26, 27

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32 , Alfred McCoy McCoy Alfred ,

30 Neither the Sri Lankan However, threeHowever, earlier 28 5, 8, 29 (p114-150) Goodhand et al., based (p114-150) Goodhand et al., 31 Torture and Impunity Torture with torture survivors should routinely collect specific data about bribe extortion (amount paid, whom, to impact). United Nations rapporteurs the to UN Commis- sion for Human Rights should be required investigate to and report the use of torture extract to bribes. The States responsible should be held account. to The United Nations’ Investigation 2015 on Sri Lanka, conducted by the Office of the High Commissioner for Human Rights regarding possible war crimes, does report bribe paymentsas a frequent means release to for “surrendees” held in detention (and often tortured) the at war’s end. relevant UN Human Rights Commission reports reviewed are silent on this subject. government’s ‘Report of the Commission of Inquiry on Lessons Learnt and Reconciliation’, nor the UN Human Rights Commissioner’s formal response, address this abuse. stopped until the financial incentives are incentives stopped until the financial removed. on research done in war-affected Srion research done in war-affected describe shifts of Lankan communities, social capital in the context of violence. torture that Our study shows also leads to of the torturer, financial empowerment of the and to economic weakening Post-conflict targeted individual/group. efforts must civil reconciliation to achieve address the particular in which ways between has forcibly been moved “wealth” community groups. argues that tortureargues that leads to empowerment of the torturer in terms of social author- ity. 2) Human rights organizations2) working 3) In 3) Subjects may have exaggerated their their exaggerated have may Subjects The findings of this study focus on the are under-represented in women Lastly, it is very torture unlikely that will be Limitations collected retrospec- was data This study’s whose primary from documents tively, This purpose not an inquiry was into bribes. likely resulted in under-reporting of the information. relevant their strengthen to injustice of reports purpose the as status, refugee for application document to was assessments medical the of the for torture psychological and/or physical include could This hearing. refugee claimant’s experienced they torture the of reports their The paying. bribe of reports their as well as an at collected was information the that fact of possibility any eliminated setting overseas local through reports their substantiating identifying Information sources. secondary by credible” “not found claims refugee those was Board Review Immigration Canadian the review. the of time the at available not range broad a represent subjects the Although backgrounds, occupational and educational of their regarding information direct of lack the limitation. serious a is incomes The officials. of low-ranking behavior impunity granted to them and to allied paramilitaries must serve the interests of These links are opaque to those in power. be an it would but methodology, this study’s error to assume they do not exist. whose The female physician this study. no assessments contributed to this study was and the male after 2001, longer available generally assessed male refugee physician It is particularly unfortunate claimants. that there are no female subjects to represent the and its aftermath. final years war of the Conclusions In a context where torture turns a profit, 1) SCIENTIFIC ARTICLE 40 TORTURE Volume 27, Number 1, 2017 delegated reviewprocess. University of Toronto under theREB’s Sciences Research Ethics Board (REB) at the This studywas approved bytheHealth approval committee Ethics 4) The excesses revealed in this study provide personnel engaged in torture after9/11. engagedintorture personnel to ensureimpunityforCIAandmilitary efforts Administration makingenormous cive techniques”, exemplified bytheU.S. touse government authorizations “coer- torture.”; impunitygenerallyaccompanies eschewtoensure countries “ethical Lanka, andsomethingwhich ‘developed’ ity shouldnotbeseenasuniquetoSri beings. Impunityandlackofaccountabil- unlimitedpowerexert over otherhuman individuals/institutions have licenseto another illustration ofwhat happenswhen

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. PedersenD. Political violence, ethnic conflict 1. References 11. Convention against TortureandOther Cruel, 10. Police TortureCases, LankaSri 1998-2011 [In- InPursuit of “AbsoluteIntegrity”—Identifying 9. Concludingobservations onthefifth periodic 8. Lanka Sri 2013 Human Rights Report[Internet]. 7. WeissG. TheCage: theFight forLankaSri and6. NowakM. Promotion andprotection ofallhuman 5. TheLTTE, Child Soldiers andSerial Disasters: 4. SomasundaramD. Scarred Communities Psy-- 3. WickramasingheN. LankaSri intheModern Age: 2. InhumanorDegrading TreatmentorPunishment reports/AHRC-SPR-001-2011 http://www.humanrights.asia/resources/special- mission;2011 [cited 2015 Apr5]. Availablefrom: ternet].Hong Kong: AsianHuman Rights Com- Police%20Project%20-%20English.pdf http://www.tisrilanka.org/pub/pb/pdf/TISL%20 Lanka;2006 [cited 2015 Apr3]. Availablefrom: ternet].Colombo: TransparencyInternational Sri CausesforPolice Corruption LankainSri [In- aspx?TreatyID=8&DocTypeID=5 org/_layouts/treatybodyexternal/TBSearch. 26]. Availablefrom: http://tbinternet.ohchr. RightsCommittee; 2014 [cited 2015 March [Internet].[Place unknown]: UNHuman reportLankaofSri (CCPR/C/LKA/CO/5) state.gov/documents/organization/220616.pdf [cited2014 Apr24]. Availablefrom: http://www. [Placeunknown]: U.S. Department ofState; 2013 BellevueLiterary; 2012. theLast Days ofthe Tamil Tigers.New York: HRC-13-39.pdf org/english/bodies/hrcouncil/docs/13session/A- March1]. Availablefrom: http://www2.ohchr. ternet].Geneva: United Nations; 2008 [cited 2015 mentMission– LankatoSri (A/HRC/13/39) [In- cruel,inhuman ordegrading treatment orpunish- oftheSpecial Rapporteur ontorture and other rights,including theright todevelopment: Report rights,civil, political, economic, social andcult edit/27a.pdf www.columbia.edu/itc/sipa/U4759x01/client_ 2001[cited 2016 July 10]. Availablefrom: http:// (Jaffna)LankaSri Information Bulletin No. 27; Lanka: TheUniversity TeachersforHuman Rights ChallengeA Withoutan Answer[Internet]. Sri PublicationsPvt; 2014. DisastersLankanonSri Society. NewDelhi: Sage chosocialImpact ofMan-made andNatural History.A : Hurst; 2014. 55(2):175-190. andsocial well-being. SocSci Med. 2002 Jul; contemporarywars: broad implications forhealth E L C I T R A C I F I T N E I C S ,and ural TORTURE Volume 27, Number 1, 2017 41

a- ry orture orture (OISL), Advanced Version (A/HRC/30/CRP.2) (A/HRC/30/CRP.2) Version Advanced (OISL), Rights Human UN unknown]: [Place [Internet]. Avail- 23]. Mar 2015 [cited 2015 Sep Council; http://www.ohchr.org/EN/HRBodies/ from: able HRC/RegularSessions/Session30/Documents/A. HRC.30.CRP.2_E.docx [Internet]. (A/67/44) 44 No. Supplement Torture, [cited 2012 Nations; United unknown]: [Place http://www. from: Available 26] March 2015 un.org/documents/ga/docs/50/plenary/a50-44.htm. [Place [Internet]. Reconciliation and Learnt sons 2011 Sri Lanka; Defence of Ministry unknown]: http:// from: Available 26]. March 2016 [cited www.defence.lk/warcrimes/lessons_learnt_and_rec- onciliation_commission_final_report.html U of Madison: Interrogation. Coercive of Doctrine 2012. Wisconsin; A Violence: of Economy Political the and tal Dec; 2000 Disasters. Sri of Lanka. 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Sri in Lanka Impunity [cited 2012 Jurists; of Commission ternational http://dx.doi. from: Available 26]. March 2015 org/10.1163/2210-7975_hrd-0088-0335 Study on Prevalence, Determinants and Causes of Causes and Determinants Prevalence, on Study or Inhuman Cruel, of Forms Other and Torture Sri in Lanka. Punishment or Treatment Degrading Research and Rehabilitation The Copenhagen: 2009. Victims; Torture for Centre Affairs, Policy and Economic of Professor Putman para- [3 7. January 2015 University. Princeton graphs]. Key in Trends - Appendix Statistical Special Central Colombo: [Internet]. Variables Economic 27]. Feb 2015 [cited 2013 Sri of Lanka; Bank http://www.cbsl.gov.lk/pics_n_ from: Available docs/10_pub/_docs/efr/annual_report/AR2013/ English/content.htm Batta- [Internet]. Report Final – 2012-2013, Statistics and Census of Department ramulla: Avail- 1]. Mar 2015 [cited 2015 Sri Lanka; http://www.statistics.gov.lk/HIES/ from: able HIES2012_13FinalReport.pdf SCIENTIFIC ARTICLE 13. Locked Away: Sri Lanka’s Security Detainees Detainees Security Sri Lanka’s Away: Locked 13. May since Sri in Lanka Torture Peace: Tainted 14. Tor- - War Unfinished An Report: STOP Y. Sooka 15. Declin in Law of Rule The K. Pinto-Jayawardena 16. o Crisis The Accountability: without Authority 21. 12. Article 7, Rome Statute of the International C International the of Statute Rome 7, Article 12. In Cruel, other and Torture against Convention 22. 17. Block, Wendell. Message to: Janet Currie, Henr Currie, Janet to: Message Wendell. Block, 17. 2013 Report Annual – Sri of Lanka Bank Central 18. Survey Expenditure and Income Household 19. Sr unknown]: [Place [Internet]. Army Sri Lanka 20.