CAT/C/LKA/CO/5
Sri Lankan contingents deployed in the United Nations Stabilization Mission in Haiti
(MINUSTAH), the Committee remains concerned that only 23 out of more than a hundred
members accused were convicted. While noting that disciplinary punishments were
imposed by an army court of inquiry, which, according to the State party, acted in
accordance with due process, the Committee regrets the failure of the State party to clarify
the type of disciplinary punishments meted out and the penalties that were imposed for
these serious crimes. The Committee takes note of the information that a stringent vetting
process applies to the selection of officers for peacekeeping missions, but regrets the lack of
clarification as to whether any of the soldiers accused of child abuse in Haiti would be
deployed to the upcoming peacekeeping mission in Mali (arts. 2, 5, 12, 14 and 16).
42.
The Committee calls upon the State party to share with the Committee
information regarding the investigation of military staff deployed in MINUSTAH on
charges of child abuse, including the report of the Office of Internal Oversight
Services, as well as the number of indictments, prosecutions (if any) and penalties
imposed. The State party should also ensure that those responsible are criminally
punished in accordance with the seriousness of their acts and that victims receive
redress, including just and adequate compensation, and as complete a rehabilitation
as possible. The State party should take effective steps to prevent this type of abuse in
peacekeeping operations, including by providing specific training on the prevention of
sexual abuse. For this purpose, the State party should take effective measures to vet
any individual, including commanders, who has been involved in child abuse in Haiti
as well as other human rights violations in Sri Lanka in order to ensure that they are
not deployed to United Nations peacekeeping operations.
Non-refoulement
43.
Bearing in mind its previous recommendation (see CAT/C/LKA/CO/3-4, para. 27),
the Committee remains concerned that the State party has not yet adopted a national legal
and policy framework on asylum to guarantee the non-refoulement principle enshrined in
article 3 of the Convention. The Committee notes with concern that asylum seekers are
therefore treated as irregular immigrants and are often subjected to arrest and detention
before being deported (art. 3).
44.
The State party should:
(a)
Adopt the necessary legislative measures to fully incorporate into
domestic legislation the principle of non-refoulement set out in article 3 of the
Convention;
(b)
Promptly establish a national asylum determination procedure that
permits a thorough assessment of whether there is a substantial risk that the applicant
would be subjected to torture in the country of destination, and conduct medical and
psychological examinations when signs of torture or traumatization have been
detected among applicants;
(c)
Ensure that persons in need of international protection are not detained
or that detention is used only as a measure of last resort, after alternatives have been
duly examined and exhausted, and for the shortest possible time, in detention centres
that are suitable for their purpose and whose regime is different from that of penal
institutions;
(d)
Consider ratifying the 1951 Convention relating to the Status of
Refugees and the 1967 Protocol thereto.
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