CAT/C/LKA/CO/2
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Universal jurisdiction
10.
The Committee is concerned about the absence in Sri Lankan law of provisions
establishing universal jurisdiction for acts of torture.
The State party should ensure that Sri Lankan law permits the establishment of
jurisdiction for acts of torture in accordance with article 5 of the Convention,
including provisions to bring criminal proceedings under article 7 against
non-Sri Lankan citizens who have committed torture outside Sri Lanka, who are
present in the territory of Sri Lanka and who have not been extradited.
Systematic review of all places of detention
11.
The Committee is concerned about the lack of an effective systematic review of all
places of detention, including regular and unannounced visits to such places (art. 11), by the
Human Rights Commission of Sri Lanka and other monitoring mechanisms.
The State party should allow independent human rights monitors, including the
Human Rights Commission of Sri Lanka, full access to all places of detention,
including police barracks, without prior notice, and set up a national system to
review and react to findings of the systematic review.
Prompt and impartial investigations
12.
The Committee expresses its deep concern about continued well-documented allegations
of widespread torture and ill-treatment as well as disappearances, mainly committed by the
State’s police forces. It is also concerned that such violations by law enforcement officials are
not investigated promptly and impartially by the State party’s competent authorities (art. 12).
The State party should:
(a)
Ensure prompt, impartial and exhaustive investigations into all
allegations of torture and ill-treatment and disappearances committed by law
enforcement officials. In particular, such violations should not be undertaken by or
under the authority of the police, but by an independent body. In connection with
prima facie cases of torture, the accused should be subject to suspension or
reassignment during the process of investigation, especially if there is a risk that he
or she might impede the investigation;
(b)
Try the perpetrators and impose appropriate sentences on those
convicted, thus eliminating any idea that might be entertained by perpetrators of
torture that there is impunity for this crime.
Sexual violence and abuse
13.
The Committee expresses its concern about continued allegations of sexual violence and
abuse of women and children in custody, including by law enforcement officials, as well as the
lack of prompt and impartial investigations of these allegations (art. 12).