A/HRC/34/54/Add.2
(f)
Ensure that the exclusionary rule with regard to evidence obtained
under torture is fully implemented by the courts and that confessions in criminal
proceedings are not admitted in the absence of any corroborating evidence;
(g)
Ensure that victims of torture and ill-treatment receive adequate
compensation, including their full rehabilitation, and that they are not subject to
reprisals;
(h)
Order independent medical examinations by forensic doctors properly
trained on the Istanbul Protocol as soon as any suspicion of mistreatment arises;
(i)
Ensure that all aspects of the chain of criminal justice (investigation,
detention, interrogation, arrest and conditions of incarceration) comply with the rule
of law.
121. Regarding accountability and transitional justice, the Special Rapporteur
recommends that the Government:
(a)
Implement Human Rights Council resolution 30/1 and build a consensus
to regain the confidence of all citizens and, in particular, torture survivors;
(b)
Refer to international standards that require that societies approach
national reconciliation by conducting truth-seeking and disclosure, justice through
criminal prosecutions of perpetrators of serious crimes, reparation to victims and
meaningful reform of institutions. The mechanisms by which these four steps are
accomplished should be decided following extensive consultations with all
stakeholders in a transparent and broadly participatory exercise that is just and earns
the trust of all Sri Lankans, including those who live outside the country;
(c)
Implement the recommendations made by OHCHR following its
comprehensive investigation on Sri Lanka (A/HRC/30/61), in particular those related
to torture and accountability;
(d)
Establish an office to investigate and prosecute allegations of torture
independent of the Office of the Attorney-General to ensure a break from the past
culture of impunity, and make operational an effective and safe witness protection
programme that excludes authorities who were part of the national security forces;
(e)
Refer to the work of the Special Rapporteur on truth, justice,
reparations and guarantees of non-recurrence, who has stressed the need for a
comprehensive transitional justice strategy that takes into account the links between
these different mechanisms;13
(f)
Implement the recommendations contained in the report of the Working
Group on Enforced or Involuntary Disappearances;
(g)
Implement the recommendations of the mission report of the Special
Rapporteur on the independence of judges and lawyers.
122.
The Special Rapporteur recommends that the international community:
(a)
Support the timely implementation of the various recommendations
made by United Nations mechanisms;
13
See “Observations by the Special Rapporteur on the conclusion of his second advisory visit to Sri
Lanka (26 January to 1 February 2016)”, available from
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=17029&LangID=E.
23
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