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Recommendations (f), (g) and (h)
154. According to the Government, various sources of information can give rise to the
conduct of criminal investigations and domestic inquiries, such as direct complaints of torture
made by victims or communications received from United Nations mechanisms. If such
information is received by a State agency other than the Attorney-General’s Department, such
information should initially be forwarded to the Prosecution of Torture Perpetrators Unit of the
Department which will register the case.
155. Investigations are conducted by a special team of police officers attached to the CID.
However, if an allegation is made against officers of the CID, provision has been made for the
investigation to be conducted by a team of police officers attached to Police Headquarters.
Following the completion of investigations, Notes of Investigation are forwarded to the
Prosecution of Torture Perpetrators Unit, which decides whether to institute criminal
proceedings under the provisions of the Convention against Torture Act of 1994. In the event of
a decision to institute criminal proceedings, an Indictment is issued against the accused to the
relevant high court. Parallel to the institution of criminal proceedings, advice is forwarded by
the Attorney-General to the relevant disciplinary authority, inviting it to consider the institution
of disciplinary proceedings. The Unit maintains a computerized database of all actions it has
taken, including regarding allegations of torture.
Recommendation (i)
156. According to the information provided by the Government, the Police Department has no
objection to counsel representing suspects detained at police stations, or interviewing/advising
them prior to their being produced before a magistrate. However, due to the need to ensure that
police investigators are able to conduct the initial investigation and interview suspects in an
unhindered manner, such interviews shall not take place prior to the recording of the statement of
the suspect. Nevertheless, the suspect or his/her attorney can make a complaint of assault by
police to the magistrate at the time of the initial appearance before the magistrate. Attorneys at
law representing arrested suspects have the right to interview the officer in charge of the relevant
police station any time after the arrest.
Recommendation (j)
157. It was indicated that there are two Government-sponsored legal aid schemes
implemented by the Prisoners Welfare Association and the Community Based Legal Services
Project, aimed at providing free legal aid to suspects. In addition, there are several other legal
aid schemes implemented by NGOs. The Human Rights Commission of Sri Lanka has identified
34 non-governmental organizations offering such legal aid.
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