A/HRC/34/54/Add.2
least, excluding extrajudicial statements that are recanted by the defendant when he or she
appears before a magistrate.
86.
While the Special Rapporteur was assured by the authorities that confessions alone
are not sufficient for a conviction, various sources reported that, in practice, most
convictions are based on a confession alone or as the main evidence.
5.
Complaints procedure
87.
The Supreme Court has sole jurisdiction over complaints relating to the
infringement of fundamental rights (arts. 17 and 126 of the Constitution). Such
“fundamental rights applications” must be filed in writing directly to the Court within one
month from the occurrence of the violation and, if successful, the only remedy available is
the awarding of compensation to the complainant (art. 126 (2)). As the Supreme Court is
the highest and final court of Sri Lanka (art. 118), there is no possibility to appeal its
decisions. Fundamental rights complaints may also be addressed to the National Human
Rights Commission, whose function is to investigate and provide for resolution by
conciliation and mediation (sect. 10 of the Human Rights Commission of Sri Lanka Act).
88.
Jurisdiction over cases filed under the Convention against Torture Act lies with the
High Court (arts. 2 (4) and 4). Complaints must be addressed to the Attorney-General, who
instructs the Special Investigation Unit, under the supervision of the Inspector General of
Police, to investigate the alleged use of torture. The Attorney-General has discretionary
power and decides whether to indict. Negative decisions may be challenged by written
application to the Appeals Court. This discretionary power represents a significant
weakness of the system: while a number of indictments have been filed by the AttorneyGeneral under the Act, there have been few convictions.
89.
In practice, the only effective avenues for complaints are filing a “fundamental
rights” case before the Supreme Court or submitting the case to the National Human Rights
Commission. However, fundamental rights applications involve costly, complex litigation
and are therefore not accessible to all victims. In addition, the application is not available to
vacate a court order that has been based on a forced confession, as it does not lie against
judicial decisions. Moreover, according to the Chief Justice, there is a worrying backlog of
approximately 3,000 fundamental rights cases before the Supreme Court.
90.
The National Human Rights Commission was resurrected with a credible
composition of members in 2015, but needs to be further strengthened and funded.
Proceedings before the Commission hold some promise for the victims, but it does not
seem capable of remedying impunity for past and present serious human rights violations,
which require effective prosecution. In addition, at least one victim has received threats of
retaliation for filing a complaint with the Commission.
91.
No formal complaint mechanism is available to detainees in the prison system.
National Police Commission
92.
Having been dissolved in 2006, the National Police Commission was re-established
in October 2015 by constitutional amendment (art. 115). It is mandated to investigate
complaints of police misconduct, and has the power to suspend and dismiss police officers.
93.
The Commission advised the Special Rapporteur that it had received 455 complaints
in the first quarter of 2016 concerning allegations of police inaction, partiality, abuse of
power, unlawful arrest, false charges, assault, torture or ill-treatment and violence against
women; 400 of those complaints were still pending investigation, and the Commission
reported resource constraints. The Special Rapporteur is concerned that the Commission
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