CAT/C/LKA/CO/5
present, investigations are often conducted by the same police in whose custody the person
died (arts. 2, 11, 12 and 16).
38.
The State party should take the necessary measures to ensure that:
(a)
All instances of death in custody, including the deaths of Chandrasiri
Dasanayaka and P.H. Sandun Malinga and of the four suspects who were arrested in
connection with the killing of a police officer and his wife in Kamburupitiya are
promptly and impartially investigated by an independent investigation unit with no
institutional or hierarchical link with the custodial body;
(b)
The post-mortem examinations are conducted outside the area in which
the death occurred, in order to avoid collusion;
(c)
Those found responsible for deaths in custody are brought to justice and,
upon conviction, adequately punished.
Harassment of human rights defenders and journalists
39.
The Committee remains concerned about consistent reports of harassment and
arbitrary detention of journalists and human rights defenders, which impede the effective
reporting of torture and disappearance claims. The Committee regrets the slow progress of
the investigations into past violations previously raised by the Committee, such as the
disappearance of journalist Prageeth Eknaligoda, who was declared to be “travelling
abroad” by the former Attorney General, the head of the State party’s delegation during the
consideration of its previous report by the Committee in 2011, but who, after a thorough
national investigation, was found by a national court to have been abducted by members of
the national armed forces. The Committee also notes with concern reports that 9 out of 13
army personnel detained in connection with this case have reportedly been released on bail,
disregarding the fears expressed by the victim’s family. It also regrets the lack of
information on the investigations into recent cases of harassment, such as the alleged
arbitrary detention of Ruki Fernando, the reported retaliatory police investigation of Mauri
Inoka and the alleged intimidation of persons who engaged, or were suspected of engaging,
with the Working Group on Enforced or Involuntary Disappearances during its visit to the
country in 2015 (art. 16).
40.
The Committee requests the State party to:
(a)
Publicly condemn threats and attacks against human rights defenders
and journalists and to ensure their effective protection;
(b)
Promptly investigate the cases brought to the Committee’s attention,
including those mentioned in the Committee’s list of issues (see CAT/C/LKA/Q/5,
para. 36). The State party should ensure that suitable action is taken against those
responsible and remedies granted to the victims;
(c)
Promptly inform the Committee about the developments in and the
outcome of the judicial proceeding instituted against the alleged perpetrators of the
abduction of Prageeth Eknaligoda and ensure that Mr. Eknaligoda’s family members
are provided with effective protection from all forms of harassment or reprisal;
(d)
Put an end to the practice of detaining or prosecuting journalists and
human rights defenders as a means of intimidating them or discouraging them from
freely reporting on human rights issues.
Sexual abuse of children by Sri Lankan peacekeepers
41.
Recalling its previous recommendation (see CAT/C/LKA/CO/3-4, para. 23) with
regard to the alleged sexual exploitation and abuse of minors by military members of the
12