CAT/C/LKA/CO/3-4
torture, including rape and enforced disappearances, and other forms of ill-treatment that
allegedly occurred during the last stages of the conflict and in the post-conflict phase, as
reported by numerous sources, including the Special Rapporteur on the question of torture,
the Special Rapporteur on extrajudicial, summary or arbitrary executions and the SecretaryGeneral’s Panel of Experts on Accountability in Sri Lanka. The Committee notes that the
State party asserts that the LLRC “has taken cognizance of all the allegations”, but regrets
that it has not received any such information. The Committee notes that the State party
“(…) will await LLRC’s report before considering further action” and that a
“comprehensive answer will be submitted” to this Committee on the establishment of
programmes to assist victims of torture and ill-treatment that occurred during the course of
the armed conflict “once the LLRC’s report is finalized and made public” (arts. 2, 12, 13,
14 and 16).
Following the LLRC initiative, the State party should promptly launch impartial and
effective investigations into all allegations of violations of the Convention, including
torture, rape, enforced disappearances and other forms of ill-treatment, occurred
during the last stages of the conflict and in the post-conflict phase, with a view to
holding accountable those responsible and providing effective redress for victims of
such violations.
The State party should consider also the possibility of accepting an international
investigatory body, which would address past concerns over the lack of credibility of
previous investigations and any outstanding concern about the LLRC.
Violence against women, including sexual violence
22.
The Committee notes with concern reports about a growing number of cases of
violence against women, including sexual and domestic violence, as well as the insufficient
information provided by the State party in this regard. It also notes with concern that
domestic violence and marital rape are recognized only following a judge’s legal
recognition of the separation of spouses. The Committee is also concerned about reported
cases of war-time rape and other acts of sexual violence that occurred following the end of
the conflict, in particular in military-controlled camps. (arts. 2, 12, 13 and 16).
The State party should ensure prompt, impartial and effective investigations of all
allegations of sexual violence and should prosecute suspects and punish perpetrators.
The Committee reiterates the recommendation made by the Committee on the
Elimination of Discrimination against Women (CEDAW/C/LKA/CO/7) that the State
party should extend criminalization of marital rape regardless of judicial
acknowledgement of separation.
The State party should provide the Committee with information on the investigations
of cases of war-time rape and other acts of sexual violence that occurred during the
last stages of the conflict and in the post-conflict phase, and the outcome of such trials,
including information on the punishments meted out and the redress and
compensation offered to the victims.
Sexual exploitation and abuse of children by peacekeepers
23.
The Committee expresses its grave concern over the alleged sexual exploitation and
abuse of minors by military members of the Sri Lankan contingent of the United Nations
Stabilization Mission in Haiti (MINUSTAH) that occurred in 2007. While noting the
information provided by the State party’s delegation that the troops in question were
repatriated and dealt with under military law, the Committee regrets the lack of information
available regarding any specific charges or punishments faced by the 114 members of the
Sri Lankan contingent who were repatriated on disciplinary grounds (arts. 2, 5, 12 and 16).
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