CAT/C/LKA/CO/3-4
The State party should provide comprehensive data regarding reported cases of
deaths in custody, disaggregated by location of detention, sex, age, ethnicity of the
deceased and cause of death.
Monitoring detention facilities
16.
While noting the Human Rights Commission of Sri Lanka’s (HRCSL) broad inquiry
powers to investigate human rights violations vested in Section 11 of the Human Rights
Commission Act No 21 of 1996, the Committee is concerned about its reported inactivity,
the lack of cooperation from the police and the Government and the limited resources and
challenges to its independence and impartiality as a result of the 18th Amendment to the Sri
Lankan Constitution, which places the appointment of its members solely in the hands of
the Head of State. The Committee is also concerned that, contrary to the information
provided by the State party, the International Committee of the Red Cross (ICRC) is not
allowed to visit the “rehabilitation centres” or facilities holding LTTE suspects yet to be
formally charged. The Committee notes with concern that during 2009 the military
administration in closed internment camps for IDPs denied access to humanitarian
organisations, including the United Nations and the ICRC (arts. 2, 11, 12, 13 and 16).
The Committee calls upon the State party to establish an independent national system
to effectively monitor and inspect all places of detention, including facilities holding
LTTE suspects and closed IDP camps, and to follow-up on the outcome of its
systematic monitoring.
The State party should take necessary measures to support work of HRCSL, ensuring
that its recommendations are fully implemented. It should also provide detailed
information on the action taken on the recommendations made by the Commission on
its visit to Mount Lavinia police station on 15 August 2011.
The State party should strengthen the capacity of non-governmental organizations
that undertake monitoring activities and adopt all appropriate measures to enable
them to carry out periodic, independent and unannounced visits to places of detention.
The Committee strongly encourages the State party to consider the possibility of
ratifying the Optional Protocol to the Convention against Torture, with a view to
establishing a system of regular unannounced visits by national and international
monitors, in order to prevent torture and other cruel, inhuman or degrading
treatment or punishment.
Human Rights Commission of Sri Lanka (HRCSL)
17.
The Committee is concerned that the new appointment process set out by the 18th
Amendment to the Sri Lankan Constitution (September 2010), which ends Parliament’s
role in approving appointments, undermines the independence of the HRCSL. The
Committee is also concerned about the difficulties the HRCSL has had in carrying out its
function owing in part to the lack of cooperation from other State party institutions, limited
human and financial resources, which has reduced its ability to investigate specific
incidents and make recommendations for redress, and failure to publish the reports of its
investigations (art. 2 and 12)
The State party should ensure that the HRCSL effectively fulfils its mandate and
receives the necessary resources for that purpose. It should also ensure that the
Commission is able to initiate as well as carry out independent investigations into
alleged and possible cases of torture and ill-treatment, including those concerning
military premises, as well as “rehabilitation centres” and other government-controlled
facilities such as “welfare centres”, and to publish the results. The State party should
establish a transparent and consultative selection process to guarantee its full
independence in line with the Paris Principles.
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