CCPR/C/118/D/2412/2014
confession; that the authorities threatened to kill him; that on 17 December 2007, the author
was beaten by officials of the Terrorist Investigation Division; that the following morning
the officer in charge of the detention facility of the Terrorist Investigation Division warned
him that the beatings would cease once he signed a confession; and that he was forced to
witness acts of torture against other inmates. Notably, in July 2008, while being detained in
the Terrorist Investigation Division facility in Colombo, he was pressured to confess to
being a member of the international intelligence wing of LTTE; that the interrogators
threatened to arrest his wife, rape her and kill his child if he refused to confess and that in
early August 2008, the interrogators told him that they would get a detention order against
his wife; that against this background, he was forced to write a statement in which he stated
that he had imported an illegal GPS device for LTTE; and that subsequently he was brought
before a court and charged with illegally importing a GPS device and aiding and abetting
LTTE. The Committee further notes the author’s allegations that after he was taken to the
detention facility in Colombo, he was not provided with medication for his diabetes until
the first time he was visited by a representative of the High Commission of Canada; that
owing to the lack of medication, he had to urinate very frequently but the guards did not
always allow him to use the washroom and occasionally he had no choice but to urinate in
the clothes he was wearing and to stay in those clothes. Likewise, at the Welikada prison,
the guards refused to provide the author with his diabetes medication; he also experienced
joint and chest pains, but was only taken to a hospital after the High Commission sent a
letter to the Superintendent of Prisons in Colombo on 2 March 2010 and, although the
hospital doctor had indicated that the author needed to be admitted, he was returned to the
prison, where he never received the medication prescribed by the doctor. In the absence of a
response from the State party in that regard, the Committee gives due weight to the author’s
claims and finds a violation of his rights under article 7 of the Covenant.
6.3
In view of that finding, the Committee considers that, in the circumstances of the
present case, the State party has also violated the author’s rights under article 14 (3) (g).
6.4
The Committee notes the author’s allegations that on 14 September 2007, the
officers of the Terrorist Investigation Division did not inform him of the reasons for his
arrest; that he was not detained on lawful grounds; that he was not given the opportunity to
challenge the lawfulness of his detention; that he was only brought before a judge after one
year of being detained, in or around September 2008; and that during that period he was
held in detention without charge. In the absence of a response from the State party in that
regard, the Committee considers that the State party has violated the author’s rights under
article 9 of the Covenant.
6.5
The Committee takes note of the author’s allegations that he was subjected to
general conditions of detention, which constituted a violation of article 10 of the Covenant
(see paras. 2.5, 2.9 and 2.13 above).15 In the absence of a rebuttal or clarification on the part
of the State party, the Committee finds a violation by the State party of article 10 of the
Covenant.
7.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the facts before it disclose a violation by the State party of articles 7, 9, 10 and 14 (3)
(g) of the Covenant.
8.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This requires it to make full
reparation to individuals whose Covenant rights have been violated. Accordingly, the State
party is obligated, inter alia, to: (a) conduct a thorough and effective investigation into the
facts submitted by the author; (b) prosecute, try and punish those responsible for the
15
10
On the conditions of detention in the facilities of the Terrorist Investigation Division, see
A/HRC/7/3/Add.6, pp. 28-29.