A/HRC/25/60/Add.2 excede situaciones aisladas”. Además, recuerda los dos casos resueltos por la Corte Europea de Derechos Humanos en el año 2010 relativos a la cancelación de procesos de extradición a Kazajistán debido a riesgos justificados de tortura y/o malos tratos. El Relator Especial insta al Gobierno de España a adoptar todas las medidas necesarias para asegurar los derechos del Sr. Alexandr Pavlov y a que no se le extradite. Sri Lanka (a) JAL 07/03/2013 Case No. LKA 2/2013 State Reply: 19/06/2013 Alleged deaths in custody of Mr. Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath, and Mr. Chandrasiri Dasanayaka by police beatings. 136. The Special Rapporteur thanks the Government of Sri Lanka for its reply, dated 19 June 2013, to this communication in reference to the alleged deaths in custody of Mr. Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath, and Mr. Chandrasiri Dasanayaka. It is reported that Mr. Samanthilake jumped out of a moving police vehicle after being arrested for drug possession. However, it is alleged that the injuries he sustained to his head were not caused by jumping out of the police vehicle, but by police beatings while in custody. It is alleged that witnesses fear testifying because of reprisals by the police. Mr. Priyanath was arrested for possessing marijuana and the police alleged that he hit his head, causing his death. However, the only corroborating evidence provided was allegedly a falsified statement by Mr. Priyanath’s sister, while a Judicial Medical officer report asserted Mr. Priyanath received lethal injuries from police beatings. Mr. Dasanayaka was allegedly arrested for possessing two marijuana cigars, but was a key witness in a case against the Officer-in-Charge at the Wadduwa Police Station. Reportedly, Mr. Dasanayaka’s son visited his father while he was in detention, and saw his father had sustained injuries to his face. The next day it was reported that he was taken to the hospital and was declared dead on arrival. In its reply, the Government of Sri Lanka explains that Mr. Samanthilake died from injuries to the head, and that an internal investigation was conducted by a senior police officer. Disciplinary measures are being issued against the responsible officers for “neglect of duty.” The Government does not address whether these officers beat the detainee, or if the death was caused by the officers. The Government alleges that Mr. Priyanath died of cardiac arrest, and after collapsing in his cell he was immediately brought to the hospital but could not be saved. The Government accepts that Mr. Dasanayaka’s death was caused by blunt trauma to the chest, and the case has been forwarded to the Magistrate’s Court Panadura, Case b/ 04561/12. The Special Rapporteur thanks the Government for the reply, but notes that it does not show that these investigations of deaths in custody were made under conditions of impartiality and independence. In addition, disciplinary proceedings for “neglect of duty” do not satisfy the State’s obligation to investigate, prosecute and punish allegations of torture and of deaths in custody under alleged mistreatment. He reminds the Government of Sri Lanka that the obligations to investigate, identify those responsible and bring them to justice arise under articles 7 and 12 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which the Government of Sri Lanka acceded to on 3 January 1994. The Special Rapporteur urges the Government to carry out an expeditious, independent and transparent inquiry into the circumstances surrounding the deaths Mr. Koggala Marakkalage Thushara Samanthilake, Mr. M.D. Kalum Priyanath, and Mr. Chandrasiri Dasanayaka, with a view to taking all appropriate disciplinary and prosecutorial action and ensuring accountability of any person guilty of the alleged violations, as well as to compensate the victims’ families. In this respect the Special Rapporteur notes that Human Rights Council Resolution 16/23, paragraph 7(b), urges States to hold responsible not only those who perpetrate torture, but also those “who encourage, order, tolerate or perpetrate such acts [...], to have them brought to justice and 99

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