CAT/C/LKA/CO/5
Redress for victims of torture
45.
The Committee is concerned at the insufficient amount of compensation awarded by
the Supreme Court to victims of torture since 2011, and regrets the lack of information with
regard to the number of cases covered by the total amount. The Committee notes with
concern that there is a large backlog of fundamental rights applications pending before the
Supreme Court and that this remedy, which cannot be appealed, is not accessible to all
victims because of the financial implications. Furthermore, decisions of the Supreme Court
in favour of a victim of torture do not guarantee that effective investigations or prosecution
will follow. The Committee regrets the lack of information on the number of applications
for compensation lodged before the district courts and the number of victims of torture who
were effectively granted compensation. It also regrets the absence of a rehabilitation
programme aimed at torture victims.
46.
The Committee, recalling its general comment No. 3, urges the State party to:
(a)
Take the necessary legislative and administrative measures to guarantee
that victims of torture and ill-treatment benefit from effective remedies and can
obtain all forms of redress, including restitution, adequate compensation,
rehabilitation, satisfaction and guarantees of non-repetition;
(b)
Fully assess the needs of torture victims and ensure that specialized,
holistic rehabilitation services are available and promptly accessible without
discrimination, through the direct provision of rehabilitative services by the State or
through the funding of other facilities, including those administered by nongovernmental organizations.
Training
47.
While welcoming the teaching about the provisions of the Convention in military
and police training programmes, the Committee regrets that trainings on non-coercive
investigatory techniques and advanced methods of investigation are provided only on an ad
hoc basis. It is also concerned at the assessment by the Special Rapporteur on torture that
specific training in the forensic medical investigation and documentation of torture and illtreatment is still needed (art. 10).
48.
The State party should provide periodic and compulsory training on the
provisions of the Convention, the Istanbul Protocol and non-coercive interrogation
techniques to all officials involved in the treatment and custody of persons deprived of
their liberty. The State party should also develop and apply a methodology for
evaluating the effectiveness of educational and training programmes relating to the
Convention and the Istanbul Protocol.
Follow-up procedure
49.
The Committee requests the State party to provide, by 7 December 2017,
information on follow-up to the Committee’s recommendations on the role and
responsibilities of Mr. Mendis when he was Deputy Inspector General of the Criminal
Investigations Department from March 2008 to June 2009 with regard to torture that
allegedly occurred during his mandate; the establishment of a judicial mechanism
with a special counsel to investigate allegations of torture, enforced disappearances
and other serious human rights violations; and the establishment of an independent,
effective, confidential and accessible complaints mechanism for victims of torture and
the revision of the Assistance to and Protection of Victims of Crimes and Witnesses
Act (see paragraphs 14 (b), 16 and 18 above). In that context, the State party is invited
to inform the Committee about its plans for implementing, within the coming
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