CCPR/C/120/D/2209/2012 numerous occasions that certain violations, including the violation of articles 6 and 7, require “prompt investigation by States parties to the Covenant”.14 The author further refers to the Committee’s position in Sri Lankan cases where it stated that expedition and effectiveness are particularly important in the adjudication of cases involving torture. 15 3.9 The author submits that impunity arises because of the susceptibility of the judicial system to outside interference. He indicates that the Committee against Torture has expressed its concern at “numerous reports concerning the lack of independence of the judiciary” in the State party.16 3.10 The author also submits that this is not a complex case, and significant evidence has been collected by the magistrate leading him to the conclusion that there is strong evidence on which to charge the accused police officers, despite the Attorney General’s decision not to pursue further action. The author further submits that, in January 2012, the Secretary to the Minister of Justice confirmed that there were 650,000 cases pending in the Sri Lankan judicial system as a whole, and referred to the urgent need for reform to reduce the backlog. 3.11 The author requests the Committee to order the State party to provide him with appropriate remedies in accordance with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. 3.12 The author also requests four specific remedies: (a) that appropriate guarantees of non-repetition of similar human rights violations are taken by the Sri Lankan authorities, in particular through the establishment of an independent investigation agency to deal with violent crimes allegedly committed by the police, as recommended by the Committee against Torture and other international and domestic actors; 17 (b) that a full and thorough investigation into the circumstances of his brother’s unlawful arrest, torture and death and that criminal proceedings is carried out with independence and autonomy against those responsible for such violations; (c) satisfaction to be given by means of a public apology by the Attorney General; 18 and (d) that adequate compensation encompassing material and moral damages is awarded to him as his brother’s close relative and family’s breadwinner.19 Lack of cooperation from the State party 4. On 26 November 2012, 17 June 2013, 30 September 2013, 19 November 2013 and 12 May 2017, the State party was requested to submit its observations on the admissibility and merits of the communication. The Committee notes that this information has not been received. It regrets the State party’s failure to provide any information on the admissibility and/or merits of the author’s claims. It recalls that, in accordance with article 4 (2) of the Optional Protocol, the State party concerned is required to submit to the Committee written explanations or statements clarifying the matter and indicating the measures, if any, that have been taken by the State to remedy the situation. Issues and proceedings before the Committee Consideration of admissibility 5.1 Before considering any claims contained in a communication, the Committee must decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under the Optional Protocol to the Covenant. 14 15 16 17 18 19 6 See communication No. 328/1988, Zelaya Blanco v. Nicaragua, Views adopted on 20 July 1994, para. 10.6. See also, communication No. 1057/2002, Kornetov v. Uzbekistan, Views adopted on 20 October 2006, para. 7.1, and Human Rights Committee general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 14. See Lalith Rajapakse v. Sri Lanka (note 13 above), para. 9.5. See CAT/C/LKA/CO/3-4, para. 18. Ibid. The author refers to the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 22 (e). Ibid, para. 20.