CAT/C/LKA/CO/5 (a) Accelerating the process of adoption of legislation that will criminalize enforced disappearances and ensuring that this crime will be punished with penalties that take into account its grave nature; (b) Ensuring that all cases of enforced disappearance and torture, including those that took place in Navy Camp in Trincomalee, are thoroughly, promptly and effectively investigated by an independent mechanism, that suspects are prosecuted and that those found guilty are punished with sanctions proportionate to the gravity of their crimes, even when no human remains are found; (c) Ensuring that the Office of Missing Persons is equipped with the technical capacity required to conduct exhumations, including forensic expertise; (d) Ensuring that any individual who has suffered harm as the direct result of an enforced disappearance has access to information about the fate of the disappeared person as well as to fair and adequate compensation, including any necessary psychological, social and financial support. Rehabilitation under the antiterrorism framework 25. The Committee is concerned at the continued use of the “rehabilitation” programme, foreseen under the Emergency Regulations for persons connected with the Liberation Tigers of Tamil Eelam who surrendered to the army at the end of the conflict in 2009. While noting the information provided by the delegation that this option is voluntary and offered only to persons who have been indicted and remanded in custody, the Committee is concerned at the lack of transparency regarding the criteria for selection, the conditions of detention and the judicial oversight with regard to the necessity and lawfulness of the confinement. While noting that, according to official sources, only 19 persons are currently undergoing rehabilitation and that 12,169 persons have already been rehabilitated, the Committee is concerned about recent allegations from credible sources of cases of torture of persons who were undergoing rehabilitation, in addition to the allegations of torture in rehabilitation centres during the period covered by the OHCHR Investigation on Sri Lanka report. The Committee regrets the failure of the State party to clarify whether these current and old allegations have been investigated (arts. 2, 11, 12 and 16). 26. The State party should abolish the current system of “rehabilitation” under antiterrorism regulations, which allows persons to be confined in centres without due process safeguards. In the meantime, the State party should ensure that magistrates promptly review all the pending decisions on rehabilitation to guarantee that detainees who are designated for potential prosecution are charged and tried as soon as possible and that those who are not to be charged or tried are immediately released. The State party should also account for the 12,169 persons who have been “rehabilitated” and ensure that they are not subjected to arbitrary detention. The Committee urges the State party to ensure that allegations of torture and sexual violence in rehabilitation centres are promptly, impartially and effectively investigated by an independent mechanism. Fundamental legal safeguards 27. Recalling its previous recommendation (see CAT/C/LKA/CO/3-4, para. 7), the Committee remains concerned that several due process rights of detained persons are still not enshrined in national legislation, such as the right to inform the next of kin of an arrest. While noting that the 2012 Police Rules recognize the right of a lawyer to represent his/her client at a police station at any time, the Committee regrets that neither the current legislation nor the Rules guarantee the right of the detained person to meet with a lawyer from the outset of the detention. In this regard, the Committee notes with concern that the 8