A/HRC/34/54/Add.2
111. Procedural norms that entrust the police with full investigative powers over all
criminal cases and, in the case of the Prevention of Terrorism Act, allow for prolonged
arbitrary detention without trial are firmly in place. This enables an “open door
policy” for police investigators to use torture and ill-treatment as a routine method of
work. The result is that cases, old and new, continue to be surrounded by total
impunity.
112. Conditions of detention amount to cruel, inhuman or degrading treatment
owing to severe overcrowding, insufficient ventilation, excessive heat and humidity,
and the denial of adequate access to health care, education, vocational training and
recreational activities.
113. The current legal framework and the lack of reform within the structures of
the armed forces, the police, the Office of the Attorney-General and the judiciary
perpetuate the risk of torture. Sri Lanka needs urgent and comprehensive measures
to ensure structural reform in these institutions to eliminate torture and ensure that
all authorities comply with international standards. A piecemeal approach is
incompatible with the soon-to-be-launched transitional justice process and could
undermine it before it really begins.
114. The establishment of a transitional justice mechanism is an important aspect of
the reform process in Sri Lanka and may contribute to the elimination of torture and
provide for reparations. To be effective, it must be implemented in good faith and
trusted by victims and other stakeholders. Without this, there will be lack of
confidence in the transitional justice system.
B.
Recommendations
115. In a spirit of cooperation and partnership, the Special Rapporteur recommends
that the Government, with appropriate assistance from the international community,
take decisive steps to implement the recommendations outlined below.
116. Regarding the legal framework, the Special Rapporteur recommends that the
Government:
(a)
Immediately repeal the Prevention of Terrorism Act;
(b)
Review any draft legislation to replace the Prevention of Terrorism Act
(national security act, state intelligence services act and prevention of organized
crimes act) to ensure safeguards against arbitrary arrest and torture or cruel,
inhuman or degrading treatment; provisions for access to legal counsel from the
moment of deprivation of liberty, strong judicial overview of law enforcement and
security agencies and protections for the privacy rights of citizens; and that there is a
timely, robust and transparent national debate on the bills that is inclusive of all civil
society;
(c)
Study and incorporate the recommendations made by the National
Human Rights Commission in relation to the drafting of new national security
legislation,9 which are based on recommendations outlined by the Special Rapporteur
on the promotion and protection of human rights while countering terrorism in his
9
18
See the public statement made by the Human Rights Committee of Sri Lanka on 22 June 2016,
available from http://hrcsl.lk/english/2016/06/23/public-statement-by-the-human-rights-commissionof-sri-lanka/.
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