CAT/C/LKA/CO/3-4
(c)
Support training on the use of the manual on the Effective Investigation
and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Istanbul Protocol) for all relevant personnel, including medical
personnel.
Redress, including compensation and rehabilitation
29.
The Committee notes the State party’s explanation that, under the fundamental
rights jurisdiction, the Sri Lankan courts may grant compensation (529 cases have been
filed against police officers since 2006), that there have been a number of instances in
which the Supreme Court has awarded pecuniary compensation for torture and that
compensation can also be obtained through a damages suit in the District Court. However,
the Committee notes reports that compensation amounts are inconsistent. In this regard, the
Committee regrets the lack of information contained in the State party’s report on Supreme
Court and District Court decisions awarding compensation to victims of torture and illtreatment, or their families, and the amounts awarded on those cases. The Committee also
notes with concern that there is no provision in the 1994 CAT Act, or the penal law, for
compensation or other forms of reparation for torture victims. Finally, the Committee
regrets the insufficient information provided on the treatment and social rehabilitation
services, including medical and psychosocial rehabilitation, provided for all victims of
torture (art. 14)
The State party should strengthen its efforts to provide victims of torture and illtreatment with redress, including fair and adequate compensation, and as full
rehabilitation as possible.
The Committee reiterates its previous recommendation (CAT/C/LKA/CO/2, para. 16)
that the State party should ensure that appropriate rehabilitation programmes are
provided to all victims of torture and ill-treatment, including medical and
psychological assistance.
Corporal punishment
30.
The Committee notes that, while corporal punishment is prohibited as a penal
sentence under the Corporal Punishment (Repeal) Act No. 23 of 2005, it is not prohibited as
a disciplinary measure in penal institutions for juvenile offenders, in the home or alternative
care settings, under article 82 of the Penal Code. The Committee also notes with concern
that, despite the issuance of Circular No. 2005/17, by the Ministry of Education in 2005,
stating that corporal punishment should not be used in schools, there is no prohibition in
law and its use is still widespread. (arts. 10 and 16)
The State party should consider amending its Penal Code, with a view to prohibiting
corporal punishment in all settings and raising public awareness.
Required documentation on compliance
31.
Despite its previous recommendation that the State party provide the Committee
with detailed statistical information on a variety of basic criminal issues and other statistical
matters (CAT/C/LKA/CO/2, para. 19), the Committee is concerned that this was not
provided either in the State party’s periodic report, its reply to the list of issues or written
supplementary materials. The absence of comprehensive and disaggregated data on
complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment
by law enforcement officials, military and prison personnel, including enforced
disappearances, rape and violence against women, and other forms of torture and illtreatment, hampers the identification of abuse requiring attention and the effective
implementation of the Convention (arts. 2 and 19).
The State party should compile statistical data relevant to the monitoring of the
implementation of the Convention at the national and local levels, disaggregated by
13