B. Positive aspects
(3)
The Committee notes with satisfaction the following positive developments:
(a)
The signing of the Ceasefire Agreement between the Government of Sri Lanka and the Liberation
Tigers of Tamil Eelam in February 2002, which has led to a considerable decrease in reported cases of torture in
connection with the conflict, mainly by the armed forces. The Committee encourages the parties to resume further talks,
leading to a resolution of the problem;
(b)
The strengthening of the Human Rights Commission of Sri Lanka, which enables it to deal more
effectively with violations of human rights in general and cases of torture in particular;
(c)
The creation of the National Police Commission by the seventeenth amendment to the Constitution
in 2001, which has proved successful in promoting human rights;
(d)
Institutional and other measures taken by the State party to implement the Committee’s conclusions
and recommendations and the recommendations of the inquiry under article 20 of the Convention, including the
establishment of the Permanent Inter-Ministerial Standing Committee and Working Group on Human Rights Issues, the
Criminal Investigation Department, the Special Investigation Unit of the police and the Central Registry of persons in
police custody;
(e)
The establishment of human rights directorates in the army, navy and air forces and in the police
forces, as well as human rights cells in the three branches of the armed forces, with the power to investigate human
rights violations;
(f)
The ratification of the Optional Protocol to the Convention on the Rights of the Child on the
involvement of children in armed conflict on 21 August 2000 and the accession to the Optional Protocol to the
Convention on the Elimination of All Forms of Discrimination against Women on 15 October 2002;
(g)
The recent abolition of corporal punishment by Act No. 23 of 2005.
C. Factors and difficulties impeding the implementation of the Convention
(4)
The Committee acknowledges the difficult situation arising from the internal armed conflict in Sri Lanka.
However, it points out that no exceptional circumstances whatsoever may be invoked as a justification of torture.
D. Principal subjects of concern and recommendations
Definition
(5)
The Committee is concerned about the lack of a comprehensive definition of torture as set out in article 1 of the
Convention in the domestic law.
The State party should adopt a definition of torture that covers all the elements contained in article 1 of
the Convention.
Human Rights Commission of Sri Lanka
(6)
Acknowledging the important role of the Human Rights Commission of Sri Lanka in the promotion and
protection of human rights in Sri Lanka and its adoption of a zero-tolerance policy against torture, the Committee is
concerned about the frequent lack of implementation by the State party of the Commission’s recommendations.
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