A/HRC/34/54/Add.2 All Forms of Discrimination against Women; the Convention on the Rights of Persons with Disabilities; and, most recently, the International Convention for the Protection of all Persons from Enforced Disappearance (see also A/HRC/33/51/Add.2, para. 12). 12. Sri Lanka has not ratified the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. While the Special Rapporteur appreciates the declaration made by the Government on 16 August 2016 under article 22 of the Convention recognizing the competence of the Committee against Torture to receive and consider individual complaints, he encourages the Government to promptly ratify the Optional Protocol, thereby recognizing the competence of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and committing to the establishment of a “national preventive mechanism”, as called for in article 3 of the Optional Protocol. 13. Sri Lanka is a party to the Geneva Conventions of 12 August 1949 but has not ratified the Additional Protocols thereto, nor signed the Rome Statute of the International Criminal Court. B. National level Prohibition of torture 14. Chapter III of the Constitution covers fundamental rights and freedoms. The prohibition of torture is contained in article 11, which provides that “no person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. This prohibition is made absolute by article 15, which prohibits any limitation on article 11 under any circumstance, even for reasons of national security and public order. Criminalization of torture 15. To give effect to the country’s obligations under CAT, due to its dualist legal system, the Government enacted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994. Under article 2, acts of torture, as well as participation, complicity, aiding and abetting, incitement and attempt to torture are criminal offences punishable with 7-10 years in prison and a fine of 10,000-50,000 rupees (approximately $70-$350). However, while the Act is generally in conformity with the definition of torture in the Convention, it does not include “suffering” but only “severe pain, whether physical or mental” (art. 12) (see also A/HRC/7/3/Add.6, para. 25). 16. Articles 321 and 322 of the Penal Code (ordinance No. 11 of 1887 and subsequent amendments) also criminalize acts within the scope of the Convention, such as intentionally causing harm or grievous harm with the aim of extorting confessions or information leading to the detection of an offence or misconduct. The sentence for a person convicted of these offences is a maximum of 10 years’ imprisonment and a fine. 17. Procedures relating to arrest, detention, investigation and prosecution of a suspect are addressed in the Code of Criminal Procedure Act No. 15 of 1979. Prevention of Terrorism Act 18. The Public Security Ordinance of 1947 allows for the establishment of emergency regulations in the interest of, inter alia, public security and the preservation of public order. Article 155 (2) and (3) further provides that “the power to make emergency regulations … shall include the power to make regulations having the legal effect of overriding, amending or suspending the operation of the provisions of any law, except the provisions of the Constitution”. 5