A/HRC/34/54/Add.2
various reports (for example, A/HRC/16/51 and A/HRC/22/52 and Corr.1) regarding
procedural safeguards when adopting or amending legislation on national security;10
(d)
Enact new legislation to provide for command or superior responsibility
as a basis for criminal liability;11
(e)
Urgently ratify and implement the Optional Protocol to the Convention
against Torture, thereby recognizing the competence of the Subcommittee on
Prevention of Torture and enable it and other international and national monitoring
mechanisms to conduct regular unannounced inspections of all places of detention;
(f)
Immediately withdraw the proposed amendment to the Code of
Criminal Procedure Act that would deprive a suspect of access to a lawyer until his or
her statement has been recorded, and enact legislation that strengthens the right of
suspects to prompt and regular access to lawyers from the moment of arrest;
(g)
Abolish capital punishment or, as a minimum, commute all death
sentences to prison sentences;
(h)
Review and amend the Assistance to and Protection of Victims of Crime
and Witnesses Act (No. 4 of 2015) to make the National Authority set up under the
Act more independent and more accountable and subject to judicial oversight and to
ensure that its jurisdiction extends to the protection of all victims, including those who
are trafficked (see CRC/C/SLK/5, para. 116) or subjected to torture or sexual
violence, owing to the real risk of reprisals;
(i)
Amend the Police Act to make the police more accountable, effective and
trustworthy;
(j)
Implement the National Plan of Action to Address Gender-based
Violence in line with its international obligations and with the international protocol
on the documentation and investigation of sexual violence in conflict, to tackle
impunity for sexual torture and to ensure redress to survivors;
(k)
Repeal all relevant legislation so that corporal punishment is explicitly
prohibited in all settings;
(l)
Ratify the Protocols Additional to the Geneva Conventions of 12 August
1949 and sign, and ratify, the Rome Statute of the International Criminal Court;
(m) Enact implementing legislation for all international treaties Sri Lanka
has ratified, including the International Covenant on Civil and Political Rights.
117. Regarding conditions of detention, the Special Rapporteur recommends that
the Government:
(a)
Urgently repair and upgrade or close old prisons to address the unsafe
and inhumane conditions of detention;
(b)
Ensure minimum standards of conditions of detention in accordance
with the Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules),
and ensure that current practices and conditions do not give rise to cruel, inhuman or
degrading treatment or punishment, or torture;
10
11
See also Counter-Terrorism Implementation Task Force, Basic Human Rights Reference Guide:
Conformity of National Counter-Terrorism Legislation with International Human Rights Law (New
York, United Nations, 2014).
See Freedom from Torture, “What does success look like? Why Sri Lankan torture survivors want an
internationalised justice process”, February 2016.
19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents