The State party should strengthen the Human Rights Commission of Sri Lanka so as to allow it to
function effectively and ensure that its recommendations are fully implemented. The Commission should
be provided with adequate resources, notification of arrests, and full cooperation in implementing its
24-hour torture hotline and improving the system of inspection visits. Furthermore, the State party
should ensure that new commissioners are appointed promptly when the three-year term of office of the
present commissioners ends in March 2006.
National Police Commission
(7)
While noting the significant role of the National Police Commission in disciplinary investigations of the police
force, the Committee notes that the terms of office of its current commissioners will expire at the end of November 2005
and is concerned that no new commissioners have yet been appointed.
The State party should proceed urgently with the appointment of the commissioners of the National
Police Commission. Furthermore, the State party should ensure that the public complaints procedure
provided for in article 155G (2) of the Constitution is implemented and that the Commission is given
adequate resources and full cooperation by the Sri Lanka police in its work.
Fundamental safeguards
(8)
The Committee is concerned about allegations that fundamental legal safeguards for persons detained by the
police, including habeas corpus rights, are not being observed.
The State party should take effective measures to ensure that the fundamental legal safeguards for
persons detained by the police are respected, including the right to habeas corpus, the right to inform a
relative, access to a lawyer and a doctor of their own choice, and the right to receive information about
their rights.
Non-refoulement
(9)
The Committee notes with concern that the State party has not given effect to the principle of non-refoulement
contained in article 3 of the Convention.
The State party should adopt domestic legislation to implement the principle of non-refoulement
contained in article 3 of the Convention.
Universal jurisdiction
(10)
The Committee is concerned about the absence in Sri Lankan law of provisions establishing universal
jurisdiction for acts of torture.
The State party should ensure that Sri Lankan law permits the establishment of jurisdiction for acts of
torture in accordance with article 5 of the Convention, including provisions to bring criminal
proceedings under article 7 against non-Sri Lankan citizens who have committed torture outside
Sri Lanka, who are present in the territory of Sri Lanka and who have not been extradited.
Systematic review of all places of detention
(11)
The Committee is concerned about the lack of an effective systematic review of all places of detention,
including regular and unannounced visits to such places (art. 11), by the Human Rights Commission of Sri Lanka and
other monitoring mechanisms.
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