E/CN.4/1996/35/Add.1
page 119
Information received from the Government
627. On 5 January 1995 the Government sent to the Special Rapporteur a
publication by the Ministry of Foreign Affairs entitled Sri Lanka - Human
Rights, detailing measures taken towards the implementation of its programme
to promote human rights. Relevant to the mandate of the Special Rapporteur
was information that a bill to give effect to the Convention against Torture
had been passed by Parliament on 25 November 1994.
628. On 30 November 1995 the Government provided the Special Rapporteur with
further information regarding measures recently undertaken by the Government
and already existent safeguards concerning his mandate. In this respect, a
bill to establish a Human Rights Commission of Sri Lanka, presented in
Parliament on 24 August 1995, was expected to be taken up for debate in
January 1996. The right that no one shall be subjected to torture, inhuman or
degrading treatment or punishment is incorporated into article 11 of the
Constitution as non-derogable. The Supreme Court of Sri Lanka is empowered to
receive complaints concerning violations of this right and to grant
appropriate relief. Officials who are the objects of such complaints are not
defended by the Attorney-General, but rather must retain their own counsel.
The courts also have the discretion to release persons detained under the
Emergency Regulations. In order to extend the period of detention beyond the
maximum of one year, a suspect must be produced before a magistrate. Every
person admitted to prison is examined by a doctor. Corporal punishment,
either in the form of punishment or as a disciplinary measure, had been
suspended during the last 10 years. Members of the HRTF are given access to
persons arrested under the Prevention of Terrorism Act or the Emergency
Regulation and may enter at any time any place of detention.
Sudan
Information transmitted to the Government
629. By letter dated 18 September 1995 the Special Rapporteur advised the
Government that he had continued to receive information indicating that the
torture of detainees by security officials in the country was systematic. The
methods of torture reported include severe beatings, enforced lying on hot
metal plates until the skin is badly burnt, enforced standing for prolonged
periods in the sun, physical contortion and enforced repetitive exercising.
630. The Special Rapporteur also transmitted the individual cases described in
the following paragraphs.
631. Osman Mahmud Ali and al-Hassan Ahmad Saleh were among 10 persons
reportedly tortured after their arrest in April 1993 on suspicion of
conspiring to cause acts of sabotage. Some of the detainees were allegedly
beaten with whips and hosepipes while bound hand and foot, sometimes naked.
Osman Mahmud Ali was allegedly subjected to the following treatment:
beatings, including by karate methods; being forced to lie naked on hot iron
sheets until his skin was burnt; being forced to lie on sun-heated cartridge
cases while a security official was standing on his back, causing burns and
skin cuts; and having pins inserted into his ears. Al-Hassan Ahmad Saleh was
allegedly beaten so severely that he lost an eye. The ten defendants
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