- 69 (c)
By paramilitaries, who apparently are not a regular force fully responsible to the
military command.
177. Even though the number of instances of torture is rather high, the majority of suspects are
not tortured; some may be treated roughly.
178. The Government does not condone torture and is employing various means to prevent it.
It appears that instructions to that effect are not always obeyed, and there was no appropriate
follow-up to ensure compliance.
179. Investigation by the Sri Lankan police of alleged instances of torture is not satisfactory,
as it has been often inordinately delayed. Prosecution or disciplinary proceedings have until
recently been rare.
180. Noteworthy remedial action is that taken by the High Court in respect of fundamental
rights petitions. Mention may also be made of the work of the Human Rights Commission. The
work, though recently improved, still leaves a lot to be desired, particularly in ensuring
compliance with instructions to prevent torture and dealing with the possible effect of new
emergency legislation on human rights.
181. On the basis of the above, the Committee has reached the conclusion that, although a
disturbing number of cases of torture and ill-treatment as defined by articles 1 and 16 of the
Convention are taking place, mainly in connection with the internal conflict, its practice is not
systematic.
182. In reaching this conclusion, the Committee has taken into account its views with regard
to the meaning of “systematic practice of torture” expressed at the end of its first inquiry under
article 20 of the Convention in 1993 and endorsed in subsequent inquiries (A/48/44/Add.1,
para. 39; A/51/44, para. 214; and A/56/44, para. 163).1 These describe the ordinary meaning to
be ascribed to the term “systematic” in the context of its use in article 20 of the Convention as
required by article 31 of the Vienna Convention on the Law of Treaties of 1969.
183. The Committee also took into consideration the fact that the Government and the
government security forces began implementing most of the recommendations addressed to the
State party by the Committee.
1
“The Committee considers that torture is practised systematically when it is apparent that the
torture cases reported have not occurred fortuitously in a particular place or at a particular time,
but are seen to be habitual, widespread and deliberate in at least a considerable part of the
territory of the country in question. Torture may in fact be of a systematic character without
resulting from the direct intention of a Government. It may be the consequence of factors which
the Government has difficulty in controlling, and its existence may indicate a discrepancy
between policy as determined by the central Government and its implementation by the local
administration. Inadequate legislation which in practice allows room for the use of torture may
also add to the systematic nature of this practice.”
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