CAT/C/LKA/CO/5 with the obligations emanating from the Convention, have not been consistently implemented by the State party (art. 2). 34. The State party should provide the Human Rights Commission of Sri Lanka with sufficient resources and staff to enable it to fulfil its broad mandate effectively. The State party should abide by the legal obligation to provide information to the Commission swiftly on all arrests and transfers as well as on any violations in detention facilities. The State authorities should also take prompt action on the Commission’s recommendations and on the complaints of torture documented and referred for criminal investigation. The State party should consider reinforcing the mandate of the Human Rights Commission by legislating on its powers to refer cases directly to the courts, as recommended in the OHCHR Investigation on Sri Lanka report. Conditions of detention 35. The Committee is alarmed at the preliminary assessment of the Special Rapporteur on torture following his visit to Sri Lanka that the conditions of detention in prisons and detention facilities, in particular those of the Terrorist Investigation Division, could amount to cruel, inhuman and degrading treatment. According to the Special Rapporteur, overcrowding exceeds 200 per cent of capacity in certain locations, particularly in Vavuniya remand prison, and infrastructure is deficient, sanitary conditions poor, light and ventilation insufficient and access to health-care services and to recreational or educational activities inadequate. While noting that three visiting committees are foreseen in the new Prisons Administration Act, the Committee regrets the lack of information on the mechanisms to ensure the independence of these bodies. The Committee also takes into account the mandate of the Human Rights Commission of Sri Lanka to conduct unannounced visits to detention facilities, but is concerned about the capacity of the Commission to effectively fulfil such a broad mandate (arts. 2, 11 and 16). 36. The State party should: (a) Significantly reduce overcrowding in prisons by making more use of alternatives to incarceration, such as suspended sentences for first offenders or for certain minor offences; (b) Continue its efforts to improve prison facilities and to remodel those facilities that do not meet international standards, such as Welikada prison, and allocate the resources required to improve conditions of detention and strengthen reintegration and rehabilitation activities; (c) Improve the prison medical facilities and ensure the swift transfer of patients to the National Hospital in cases of emergencies and serious illnesses; (d) Consider ratifying the Optional Protocol to the Convention, with a view to establishing an independent mechanism in charge of the regular monitoring of all places of detention. Deaths in custody 37. The Committee remains concerned about several instances of deaths in police custody in suspicious circumstances that have not yet been elucidated by the judicial authorities, such as the cases of Chandrasiri Dasanayaka and P.H. Sandun Malinga, and the deaths of four suspects who were arrested in connection with the killing of a police officer and his wife in Kamburupitiya. While noting the ongoing discussions to strengthen the system for the investigation of deaths in custody, the Committee remains concerned that, at 11

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