CAT/C/LKA/CO/3-4
perpetrators do not influence protection mechanisms and that they are held
accountable.
Internally displaced persons
20.
The Committee notes that near the end of the armed conflict in 2009 over 280,000
people fled from the northern LTTE-controlled areas to government-controlled territory in
Vavuniya, Mannar, Jaffna and Trincomalee districts, where the vast majority of them
entered closed military-run internment camps. While noting the information provided by
the State party regarding the substantial efforts undertaken to respond to the influx of
displaced persons, the Committee remains concerned at the situation of IDPs in the country,
especially those who remain in “welfare centres”. According to the State party, IDPs were
initially provided with “a secure environment and cared for while they were screened to
identify terrorist cadre[s] who had infiltrated the civilian population that was rescued at the
conclusion of the armed conflict”. The Committee, however, remains concerned about
consistent allegations of torture and ill-treatment during questioning of camp residents by
the Criminal Investigation Department (CID) and the Terrorist Investigation Department
(TID). The Committee is concerned that these allegations have not been investigated
outside the context of the Lessons Learnt and Reconciliation Commission (LLRC) process
and that no judicial action has been taken. The Committee is also concerned at reports of
massive overcrowding, poor hygienic and sanitary conditions, malnutrition, inadequate
medical and psychological assistance and lack of freedom of movement for camp residents
during and after the final stages of the war (art. 2, 11 and 16).
The State party should:
(a)
Adopt the necessary measures to guarantee the physical integrity and
address the specific needs of internally displaced persons, in accordance with the
Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2), including the
medical care and psychological attention they require;
(b)
Ensure that investigations are carried out into the alleged cases of
torture, including sexual violence, against camp residents and that perpetrators of
such acts are brought before the courts;
(c)
Provide mandatory in-service training programmes on human rights,
internal displacement and gender-based violence for members of the military and lawenforcement officials serving in the camps;
Accountability process and the Lessons Learnt Reconciliation Commission (LLRC)
21.
The Committee notes that there have been a number of ad hoc commissions of
inquiry looking into past human rights violations, including the Presidential Commission of
Inquiry to investigate serious cases of human rights violations that occurred since 1 August
2005, which according to the International Independent Group of Eminent Persons (IIGEP)
did not meet international standards of independence, witness and victim protection and
transparency. The Committee notes the information on the mandate, composition and
working methods of the Lessons Learnt Reconciliation Commission (LLRC) and the InterAgency Advisory Committee (IAAC), established in May and September 2010,
respectively. The Committee notes the assurances by the delegation of the State party that
the LLRC has the faculty to channel the complaints received “with a possibility of
immediate investigation and remedial action”, and that the Attorney General is
“empowered to institute criminal proceedings based on the material collected during the
course of the recommendations made by the LLRC”. The Committee, nevertheless, regrets
the apparent limited mandate of the LLRC and its alleged lack of independence. In
addition, it regrets the lack of information provided by the State party on the investigations
undertaken into allegations of serious violations of international human rights law, such as
9