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/.