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treatment, or their families, and the amounts awarded on those cases. The Committee also
notes with concern that there is no provision in the 1994 CAT Act, or the penal law, for
compensation or other forms of reparation for torture victims. Finally, the Committee
regrets the insufficient information provided on the treatment and social rehabilitation
services, including medical and psychosocial rehabilitation, provided for all victims of
torture (art. 14).
The State party should strengthen its efforts to provide victims of torture and illtreatment with redress, including fair and adequate compensation, and as full
rehabilitation as possible.
The Committee reiterates its previous recommendation (CAT/C/LKA/CO/2, para. 16)
that the State party should ensure that appropriate rehabilitation programmes are
provided to all victims of torture and ill-treatment, including medical and
psychological assistance.
Corporal punishment
(30) The Committee notes that, while corporal punishment is prohibited as a penal
sentence under the Corporal Punishment (Repeal) Act No. 23 of 2005, it is not prohibited as
a disciplinary measure in penal institutions for juvenile offenders, in the home or alternative
care settings, under article 82 of the Penal Code. The Committee also notes with concern
that, despite the issuance of Circular No. 2005/17, by the Ministry of Education in 2005,
stating that corporal punishment should not be used in schools, there is no prohibition in
law and its use is still widespread (arts. 10 and 16).
The State party should consider amending its Penal Code, with a view to prohibiting
corporal punishment in all settings and raising public awareness.
Required documentation on compliance
(31) Despite its previous recommendation that the State party provide the Committee
with detailed statistical information on a variety of basic criminal issues and other statistical
matters (CAT/C/LKA/CO/2, para. 19), the Committee is concerned that this was not
provided either in the State party’s periodic report, its reply to the list of issues or written
supplementary materials. The absence of comprehensive and disaggregated data on
complaints, investigations, prosecutions and convictions in cases of torture and ill-treatment
by law enforcement officials, military and prison personnel, including enforced
disappearances, rape and violence against women, and other forms of torture and illtreatment, hampers the identification of abuse requiring attention and the effective
implementation of the Convention (arts. 2 and 19).
The State party should compile statistical data relevant to the monitoring of the
implementation of the Convention at the national and local levels, disaggregated by
gender, ethnicity, age, geographical region and type and location of place of
deprivation of liberty, including data on complaints, investigations and prosecutions
of cases of torture and ill-treatment by law enforcement officials, military and prison
personnel, and on enforced disappearances, rape and violence against women.
(32) Noting the voluntary commitments made by the State party in the context of the
universal periodic review of the Human Rights Council in May 2008 (A/HRC/8/46, paras.
90 and 108–110) the Committee recommends that the State party consider adopting the
draft bill on witness and victim protection and the draft bill on the rights of internally
displaced persons; improve and upgrade detention facilities; and, improve the capacity of
police in carrying out investigations, with additional training in interrogation and
prosecution.
96
GE.12-44492
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