Sri Lanka Collective Against Torture condemns brutal attack on protestors

• Following is a statement of the Sri Lanka Collective Against Torture on violence by the Armed Forces on 22 July

The Sri Lanka Collective Against Torture (SLACT) condemns the brutal attack of protestors at GotaGoGama, journalists, lawyers who intervened in their professional capacity and bystanders on 22 July 2022. The use of violence was unprovoked and unjustifiable as video evidence and testimonies of victims illustrate that the armed forces approached or chased people who were walking or standing peacefully and subjected them to brutal assault. They also destroyed tents and personal property of protestors on site. 

It is evident from video evidence that many attacks were carried out by several members of the armed forces who gathered around a person or persons and beat them mercilessly with batons. There were also men in civilian clothing working alongside the military and it is one such person who assaulted the BBC journalist. Two journalists were taken away by armed forces and their whereabouts were unknown for several hours after the arrest. When they were found they were severely injured and had to be hospitalised. Their testimonies and that of others who were taken along with them state they were tortured for hours, including by being ordered to walk on gravel on their knees and assaulted on their heads. 

The injuries sustained by some victims are on the back indicating they were chased and hit while fleeing. This would constitute torture, which is an offence under the Convention Against Torture Act. Furthermore, it is also a violation of Article 11 of the Constitution which prohibits torture, or cruel, degrading or inhuman treatment. It is alarming that despite protestors publicly stating on 21 July that they would vacate the location by 2 p.m. that very day (which was reported in the media), brutal force was used during the early hours of the morning to chase them indicating an intent to send a warning to and punish protestors. 

SLCAT reiterates the importance of protecting the right to expression and assembly, especially the right of journalists to engage in their duties without fear of intimidation, harassment or violence. The attacks on journalists are a violation of the right to expression enshrined in the Constitution of Sri Lanka. SLCAT holds President Ranil Wickremesinghe responsible for the attacks and demands that he acknowledge responsibility, apologise, compensate those affected by the violence and give a public assurance that such conduct by the armed forces and Police will not be repeated against protestors. SLCAT demands that the State of Emergency, which is unwarranted and under cover of which such violence took place, be withdrawn with immediate effect. 

Those responsible for the violence should be held accountable and the commanders of the forces that participated in the attacks must likewise be held accountable according to the principle of command responsibility. The right to protest is an integral part of a functioning democracy and one of the ways in which citizens exercise their civic duty of holding elected representatives accountable. Curtailing it through violence is a grave human rights violation that also places democracy in jeopardy and creates an atmosphere of fear and authoritarianism.

(The Sri Lankan Collective Against Torture is a group comprising of 28 civil society organisations and 12 human rights activists.)