A/HRC/7/3/Add.6 page 21 Accountability and prevention 74. In general, the Special Rapporteur notes that Sri Lanka already has many of the elements in place necessary both to prevent torture and combat impunity, such as fundamental rights complaints before the Supreme Court in relation to article 11 of the Constitution, indictments and prosecutions based on the 1994 Convention against Torture Act, bringing suspects before magistrates within the statutory 24-hour period, formal legal medical examinations by trained forensic experts (Judicial Medical Officers), and investigations and visits by the NHRC. 75. The commitment of the Government to fight torture is also demonstrated by the establishment of mechanisms by the Inspector General of Police and the Attorney General’s Office specifically to investigate allegations of torture (e.g. the Special Investigations Unit and the Prosecution of Torture Perpetrators Unit). Moreover, with respect to the Special Rapporteur’s mandate, the Government regularly continues to provide clarifications and updates with regard to communications related to such violations. 76. However, a number of shortcomings remain and, most significantly, the absence of an independent and effective preventive mechanism mandated to make regular and unannounced visits to all places of detention throughout the country at any time, to conduct private interviews with detainees, and to subject them to thorough independent medical examinations. It is the Special Rapporteur’s conviction that this is the most effective way of preventing torture. In the case of Sri Lanka, he is not satisfied that visits undertaken by existing mechanisms, such as the NHRC, are presently fulfilling this role, or carrying out this level of scrutiny. In this regard, the Special Rapporteur welcomes information from the Government that it intends to establish an inter-agency body to study possible modalities and mechanisms to undertake visits to places of detention and also to strengthen the capacities and efficacy of the NHRC in this connection. 77. The Special Rapporteur appreciates that, by enacting the 1994 Torture Act, the Government has implemented its obligation to criminalize torture and bring perpetrators to justice. He is also encouraged by the significant number of indictments, 34, filed by the Attorney General under this Act. However, he regrets that these indictments have led so far only to three convictions. One of the factors influencing this outcome is reportedly because of the Torture Act’s high mandatory minimum sentence of seven years; it is effectively a disincentive to apply against perpetrators. Other factors are the absence of effective ex officio investigation mechanisms in accordance with article 12 of the Convention against Torture, as well as various obstacles detainees face in filing complaints and gaining access to independent medical examinations while still detained. 78. Furthermore, the Special Rapporteur notes with great concern that many of the legal safeguards contained in the CCP do not apply in cases of detention under the Emergency Regulations. The absence of such safeguards is a logical explanation for the considerably higher risk for suspected LTTE members to become victims of torture.