CAT/C/LKA/CO/3-4
Impunity for acts of torture and ill-treatment
18.
The Committee remains concerned about the prevailing climate of impunity in the
State party and the apparent failure to investigate promptly and impartially wherever there
is reasonable ground to believe that an act of torture has been committed. It also notes the
absence of an effective independent monitoring mechanism to investigate complaints of
torture. The Committee expresses concern over reports that the Attorney General’s office
has stopped referring cases to the Special Investigations Unit (SUP) of the police and the
large proportion of pending cases still outstanding. The Committee is also concerned at
numerous reports concerning the lack of independence of the judiciary (arts. 11, 12 and 13).
The State party should:
(a)
Ensure that a prompt and impartial investigation is made into all
complaints of torture or ill-treatment. In particular, such investigation should be
under the responsibility of an independent body, not under the authority of the police;
(b)
Establish an independent complaints system for all persons deprived of
their liberty;
(c)
Launch prompt and impartial investigations spontaneously and
wherever there is reasonable ground to believe that an act of torture has been
committed;
(d)
Ensure that the Attorney General’s office fulfils its responsibilities to
refer cases to the SUP;
(e)
Ensure that, in cases of alleged torture, suspects are suspended from
duty immediately for the duration of the investigation, particularly if there is a risk
that they might otherwise be in a position to repeat the alleged act or to obstruct the
investigation;
(f)
Ensure that, in practice, complainants and witnesses are protected from
any ill-treatment and acts of intimidation related to their complaint or testimony;
(g)
Bring to trial the alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, ensure sentences with penalties that are consistent with
the gravity of their acts. In this connection, legislative measures should be taken to
guarantee the independence of the judiciary.
Witness and victim protection
19.
The Committee remains concerned at the absence of an effective mechanism to
ensure the protection of and assistance to witnesses and victims of human rights violations
and abuses, which has a negative impact on the willingness and ability of witnesses and
victims to participate in investigations or to testify in proceedings. In this regard, the
Committee is concerned about the impunity in the cases of attacks against witnesses and
victims, as illustrated in the case of Gerald Perera and those allegedly involved in his
murder following his allegation of torture against several police officers. The Committee
notes with concern that a bill on witness and victim protection has been on the
parliamentary agenda since 2008. The Committee regrets the scant substantive information
provided by the State party regarding the case of Siyaguna Kosgodage Anton Sugath
Nishantha Fernando, a complainant in a torture case before the Supreme Court, who was
killed by unidentified gunmen on 20 September 2008. The victim had repeatedly requested
protection measures for himself and his family against alleged perpetrators (arts. 2, 11, 12,
13 and 15).
The Committee reiterates its earlier recommendation (CAT/C/LKA/CO/2, para. 15)
that the State party should ensure that witnesses and victims of human rights
violations are effectively protected and assisted, in particular by ensuring that
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