Advance unedited version CCPR/C/132/D/2508/2014
observes that even though two criminal cases related to the author’s torture claims have been
launched against the police officers involved in the events, which have been referred to the
Attorney General for advice, both cases are still pending and the perpetrators remain in their
positions. According to the information before the Committee, Mr. P.V. Ch. had not been
tried by a court of law either and he later deceased. Furthermore, the Committee notes with
concern that it took almost eight years for the Supreme Court to rule on the author’s case.
The Committee is mindful of the author’s position that the Supreme Court’s findings and
those of the Human Rights Commission of Sri Lanka are incomplete as to the facts of his
case, that they only establish a limited liability of one individual and that the compensation
afforded to him does not correspond to the gravity of the violation of his rights. Lastly, the
Committee observes that the author’s action for damages filed with the District Court of
Morawaka in 2009 has not yet come to an end. Having duly considered the above and in the
absence of any explanation by the State party, the Committee concludes that the State party
failed to investigate properly the author’s detention and torture, to prosecute the perpetrators
and ensure redress, thereby violating the author’s rights under article 2 (3), read in
conjunction with articles 7 and 9 of the Covenant.
7.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that
the facts before it disclose a violation by the State party of articles 7 and 9, read alone and in
conjunction with article 2 (3)of the Covenant.
8.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy. This provision requires that States
parties make full reparation to individuals whose Covenant rights have been violated. In the
present case, the State party is under the obligation, inter alia, to: (a) conduct a thorough,
impartial, independent and effective investigation into the facts submitted by the author; (b)
prosecute, try and punish those responsible for the author’s arbitrary arrest and ill-treatment,
and make the results of such measures public; and (c) provide adequate compensation and
appropriate measures of satisfaction to the author for the violations suffered. The State party
is also under an obligation to take steps to prevent similar violations in the future.
9.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy when
it has been determined that a violation has occurred, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
Committee’s Views. The State party is also requested to publish the present Views and to
have them widely disseminated in the official language of the State party.
7