- 71 191. In the light of the Committee’s conclusion that torture and other forms of ill-treatment
mainly take place in connection with the internal conflict, the recent developments, particularly
the entry into force of the ceasefire agreement on 23 February 2002 monitored by an
international monitoring mission, effectively removes the conditions which have been identified
by the Committee as a major cause for the prevalence of torture and other forms of ill-treatment.
192. In terms of paragraph 2.1 of the agreement, the Government has undertaken to refrain
from cordon and search operations or effecting any arrests or detentions of suspects under the
provisions of the Prevention of Terrorism Act. In the event of a need arising to arrest a suspect
alleged to have been involved in the commission of a terrorist act, such arrest would be made
under the provisions of the normal law (Code of Criminal Procedure Act). The ceasefire
agreement provides for a moratorium on the enforcement of the provisions of the Prevention of
Terrorism Act. The Government informed the Committee that Emergency Regulations are not in
force and that it is willing to examine and review the existing provisions of the Prevention of
Terrorism Act.
193. In terms of paragraph 1.8 of the agreement, all Tamil paramilitary groups shall be
disarmed within one month of the date on which the agreement came into force.
194. In addition, the Government informed the Committee that following the establishment of
the Prosecution of Torture Perpetrators Unit in the Attorney-General’s Department and the
Torture Investigations Unit in the Criminal Investigations Department, all allegations of torture
are impartially, promptly and comprehensively investigated and, where warranted, the
perpetrators prosecuted.
7. Final remarks
195. The Committee welcomes the many significant efforts undertaken by the Government of
Sri Lanka to fight and prevent acts of torture. It welcomes the ceasefire agreement and expresses
appreciation for the measures taken to implement nearly all the recommendations made by the
Committee. The Committee points out, however, that the fight against torture is an ongoing
process which requires the vigilance of the State party.
V. CONSIDERATION OF COMPLAINTS UNDER ARTICLE 22
OF THE CONVENTION
196. Under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, individuals who claim to be victims of a violation by a
State party of the provisions of the Convention may submit a complaint to the Committee against
Torture for consideration, subject to the conditions laid down in that article. Forty-nine out
of 129 States that have acceded to or ratified the Convention have declared that they recognize
the competence of the Committee to receive and consider complaints under article 22 of the
Convention. The list of those States is contained in annex III. No complaint may be considered
by the Committee if it concerns a State party to the Convention that has not recognized the
Committee’s competence under article 22.
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