The State party should allow independent human rights monitors, including the Human Rights
Commission of Sri Lanka, full access to all places of detention, including police barracks, without prior
notice, and set up a national system to review and react to findings of the systematic review.
Prompt and impartial investigations
(12)
The Committee expresses its deep concern about continued well-documented allegations of widespread torture
and ill-treatment as well as disappearances, mainly committed by the State’s police forces. It is also concerned that such
violations by law enforcement officials are not investigated promptly and impartially by the State party’s competent
authorities (art. 12).
The State party should:
(a)
Ensure prompt, impartial and exhaustive investigations into all allegations of torture
and ill-treatment and disappearances committed by law enforcement officials. In particular, such
violations should not be undertaken by or under the authority of the police, but by an independent body.
In connection with prima facie cases of torture, the accused should be subject to suspension or
reassignment during the process of investigation, especially if there is a risk that he or she might impede
the investigation;
(b)
Try the perpetrators and impose appropriate sentences on those convicted, thus
eliminating any idea that might be entertained by perpetrators of torture that there is impunity for this
crime.
Sexual violence and abuse
(13)
The Committee expresses its concern about continued allegations of sexual violence and abuse of women and
children in custody, including by law enforcement officials, as well as the lack of prompt and impartial investigations of
these allegations (art. 12).
The State party should ensure that procedures are in place to monitor the behaviour of law enforcement
officials and promptly and impartially investigate all allegations of torture and ill-treatment, including
sexual violence, with a view to prosecuting those responsible. Furthermore, the State party should take
all necessary measures to prevent such acts, including by ensuring full implementation of the directive
concerning the treatment of women in custody, and should consider setting up women and children’s
desks at police stations in conflict areas.
Delay of trials
(14)
The Committee is concerned about the undue delay of trials, especially trials of people accused of torture.
The State party should take the necessary measures to ensure that justice is not delayed.
Intimidation and threats
(15)
The Committee is concerned about alleged reprisals, intimidation and threats against persons reporting acts of
torture and ill-treatment as well as the lack of effective witness and victim protection mechanisms (art. 13).
In accordance with article 13, the State party should take effective steps to ensure that all persons
reporting acts of torture or ill-treatment are protected from intimidation and reprisals for making such
reports. The State party should inquire into all reported cases of intimidation of witnesses and set up
programmes for witness and victim protection.
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