Shyamali Puvimanasinghe

The degree of civilization in a society can be judged by entering its prisons – Fyodor Dostoevsky

Around the world, people deprived of their liberty in prisons, police stations, military installations, immigrant and refugee centres, psychiatric hospitals and others are at risk of being tortured or suffer other forms of rights violations. By their very nature, places of detention are closed to the outside world and those inside depend almost entirely on the authorities concerned for their most basic needs and rights. Often, within these institutions the most hideous forms of violations of basic human rights go unnoticed and unpunished.

At present, torture is universally recognised as one of the most brutal and unacceptable assaults on human dignity. The prohibition of torture, cruel, inhuman and degrading treatment or punishment is expressly prohibited by numerous international conventions, both universal and regional; the most important being the UN Convention Against Torture (UNCAT) of 1987. Nonetheless the sad reality is that torture continues to be widespread throughout the world, necessitating new and more realistic ways of preventing its occurrence.

On December 18, 2002, the Optional Protocol to the UN Convention Against Torture (OPCAT) was adopted by the UN General Assembly to prevent or at least minimise the practice of torture and other forms of ill-treatment in places of detention. The aim was to establish a system of regular visits to detention centres by independent international and national expert bodies who would then make recommendations to state parties and then enter into a dialogue to address problems observed. 

The rationale behind the OPCAT is that external control could be an important deterrent on those in charge who do not want to be criticised; visits to detention centres would enable independent experts to examine the treatment of detainees and the conditions of detention and enable them to make practical recommendations for improvement. The emphasis is to cooperate and dialogue with state parties to bring about the desired change as opposed to criticising them for falling short of internationally accepted standards.

In January 2007, the Rehabilitation and Research Centre for Torture Victims in Denmark, in collaboration with the Asian Human Rights Commission initiated a three-year project to promote the signature and ratification of the Optional Protocol in four Asian countries: Bangladesh, Cambodia, the Philippines and Sri Lanka. Strengthening national capacities in the countries to fulfil obligations under OPCAT was also envisaged. It is both a daring and a difficult initiative. Daring because if successful it could become a watershed for gaining access and transforming detention centres in the rest of Asia. Difficult because so far only Cambodia has ratified the treaty with implementation a major challenge. 

Both RCT and AHRC have recognized the nature and enormity of the problem. The project provides for a regional network and four national networks. The regional network comprises AHRC, RCT, four national coordinators and a regional coordinator. In the forefront of the national networks is the Bangladesh Rehabilitation Centre for Trauma Victims-BRCT, National AHRC office in Cambodia, Balay in the Philippines and People Against Torture-PAT, Sri Lanka. The regional network is expected to coordinate the overall project campaign, assist in the sharing of information and experience among partners and training national network members. It also involves identifying important international stakeholders and regional players and lobbying them to promote the signing / ratification of the OPCAT by the respective governments.

The main aims of the national networks are to identify key players in the legislature, executive and the judiciary in each country through a political mapping exercise. Having done this the next step is to lobby the three state powers through bilateral view exchange meetings seminars and newsletters. Raising awareness among the general public about the OPCAT would be done through activities such as street movements, media campaigns, public hearings, and events marking red letter days.

We recognize the differences and problems facing each of these nations. We believe that through the process of independent monitoring of detention centres, dialogue and cooperation the extent and incidence of torture can be reduced making detention centres of various kinds more transparent and humane.

Dostoevsky was in fact saying that the degree of civilization in any country is a reflection of the state of its detention centres.