A/HRC/34/54/Add.2
(f)
Ensure that statements or confessions made by a person deprived of
liberty other than those made in the presence of a judge and with the assistance of
legal counsel have no probative value in proceedings against that person;
(g)
Ensure that all arrests are transparent, with the arresting officer
showing proper identification, and based on objective evidence;
(h)
Ensure that all detainees can challenge the lawfulness of detention before
an independent court, i.e., through habeas corpus proceedings;
(i)
Ensure that security sector officials (military, intelligence and police)
undergo a rigorous reform programme that includes human rights education and
training in effective interrogation techniques and proper use of force;
(j)
Ensure that national security and policing procedures are compliant
with international standards and that the Tamil population is adequately represented
in the police corps at all ranks in the North and East so that law enforcement forces
are able to communicate with and serve the population residing there (see
CERD/C/LKA/10-17, para. 24);
(k)
Introduce independent, effective and accessible complaint mechanisms at
all places of deprivation of liberty by installing emergency telephone hotlines or
confidential complaint boxes that are operational, and ensure that complainants are
not subject to reprisals;
(l)
Provide more specialized training in forensic medical investigation and
documentation of torture and ill-treatment in accordance with the Istanbul and
Minnesota Protocols;
(m) Authorize and facilitate regular, effective and independent monitoring of
places of deprivation of liberty by international and national bodies, including the
National Human Rights Commission and civil society organizations;
(n)
Raise the age for criminal responsibility of juveniles to one that is
internationally acceptable;
(o)
Ensure the separation of juvenile and adult detainees and that children
are held in detention only as a last resort and for as short a time as possible.
119. Regarding institutional reform, the Special Rapporteur recommends that the
Government:
(a)
Establish an effective torture prevention programme by undertaking
comprehensive institutional reforms and a vetting process at the higher and lower
ranks in the security sector — the army, the intelligence agency and the police — to
overhaul these institutions, which continue to function with impunity;
(b)
Rebuild the national institutions of the security sector so they are
trustworthy and effective in protecting citizens without violating human rights, and
establish independent oversight authorities to monitor the national security agencies;
(c)
Provide directives to the security sector to ensure that all officers are
informed and given clear and unequivocal instructions that all acts of torture,
including rape and other forms of sexual violence, and ill-treatment are prohibited
and that those responsible, either directly or as commander or superior, will be
investigated, prosecuted and punished (see CAT/C/LKA/5, paras. 10-11);
(d)
Support the National Human Rights Commission so that it complies with
the principles on the status of national institutions for the promotion and protection of
human rights (the Paris Principles) and can be designated as the national preventive
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