CAT/C/LKA/CO/3-4
cases filed under the PTA the sole evidence relied upon is confessions obtained by an ASP
or an officer above that rank The Committee further notes with concern reports
documenting individual cases of torture and ill-treatment where the victims were allegedly
randomly selected by police to be arrested and detained for what appears to be an
unsubstantiated charge and subsequently subjected to torture or ill-treatment to obtain a
confession for those charges (art. 2, 11, 15 and 16)
The State party should explicitly exclude any evidence obtained as a result of torture
and ensure that legislation, including anti-terrorism legislation, concerning evidence
to be adduced in judicial proceedings is brought in line with the provisions of article
15 of the Convention.
The State party should also ensure that all detainees are asked by the judge whether
or not they were ill-treated or tortured in custody. The State party should ensure that
judges order independent medical examinations whenever a suspect requires one in
court and that prompt and impartial investigations are conducted whenever there is a
reason to believe that an act of torture occurred, especially in cases where the sole
evidence presented is a confession. The judge should exclude such statements if the
suspect so requests in court and the medical examination sustains the claim. Detainees
should receive a copy confirming their request for a medical report and a copy of the
report itself.
Registration of all detainees
12.
The Committee notes that according to the State party’s core report, that over the
period 2000-2005, more than 80,000 persons were imprisoned annually, of whom more
than 60,000 were never convicted. Furthermore, according to the additional written
information provided by the State party’s delegation, 765 persons are detained in Sri Lanka
under administrative detention orders as of 11 November 2011 but there is no central
registry on detentions carried out under the PTA. The Committee recalls with concern that,
in response to the Committee’s confidential inquiry under article 20 of the Convention
(A/57/44, paras. 123-195), the State party informed it that a computerized central police
registry had been established, yet now reveals this has not happened (arts. 2, 11 and 16).
The State party should:
(a)
Ensure that all suspects under criminal investigation are registered
promptly from the moment of apprehension and not only upon formal arrest or
charging;
(b)
Establish immediately a central register for all persons in official
custody, inter alia, persons in prisons, police stations and “rehabilitation centres”, as
well as those detained under the PTA.
(c)
Publish a list of all detainees and places of detention;
Human rights defenders, defence lawyers, journalists and other civil society actors at
risk
13.
The Committee expresses its concern at reports that human rights defenders, defence
lawyers and other civil society actors, including political activists, trade unionists and
independent media journalists have been singled out as targets of intimidation, harassment,
including death threats and physical attacks and politically motivated charges. It regrets
that, in many cases, those allegedly responsible for acts of intimidation and reprisal appear
to enjoy impunity. The Committee notes with regret that the State party was unable to
provide adequate information on the specific incidents about which the Committee had
inquired, including the cases of journalists, such as Poddala Jayantha, Prageeth Eknaligoda
and J. S. Tissainayagam, and lawyers, such as J.C. Welliamuna and Amitha Ariyarantne.
This resulted in a number of submissions to the Committee by some of the individuals
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