CAT/C/LKA/CO/3-4
Jurisdiction over acts of torture
26.
While noting the information provided by the State party on the implementation of
articles 5 to 8 of the Convention, the Committee regrets the lack of clarity on the existence
of the necessary measures establishing the State party’s jurisdiction over acts of torture.
While the 1994 CAT Act provides for jurisdiction over alleged perpetrators of torture
present in the territory of the State party, whether or not citizens, it is unclear whether the
law provides for the establishment of universal jurisdiction or whether this remains at the
discretion of the High Court, as implied in Section 4(2) CAT Act. Furthermore, Section 7
CAT Act appears to require the rejection of an extradition request before the requirement
that the case be submitted to the relevant authorities. The Committee recalls its
jurisprudence on the content of the obligation to extradite or prosecute (aut dedere, aut
judicare), that the State party’s obligation to prosecute the alleged perpetrator of acts of
torture does not depend on the prior existence of a request for extradition (arts. 5, 6, 7 and
8).
The Committee reiterates its previous recommendation (CAT/C/LKA/CO/2, para. 10)
that the State party should ensure that its domestic legislation permits the
establishment of jurisdiction for acts of torture in accordance with article 5 of the
Convention, including provisions to bring criminal proceedings under article 7 against
non-Sri Lankan citizens who have committed acts of torture outside the territory of
the State party, who are present in the territory and who have not been extradited.
Refugees, non-refoulement
27.
The Committee notes with concern the absence of domestic legislation or national
policy that guarantees the protection of refugees and asylum-seekers in the State party and
persons who require international protection. The Committee regrets the lack of
information provided by the State party on the number of cases of refoulement, extradition
and expulsion carried out during the reporting period and on the number of instances in
which it has offered diplomatic assurances or guarantees (art. 3).3
The State party should adopt a national policy, as well as the necessary legislative and
administrative measures, to guarantee protection for refugees, asylum-seekers and
stateless persons.
The Committee encourages the State party to consider the possibility of ratifying the
Convention relating to the Status of Refugees and the Protocol relating to the Status of
Refugees, the Convention relating to the Status of Stateless Persons and the
Convention on the Reduction of Statelessness.
Training
28.
The Committee notes the information on human rights training for members of the
police and the army contained in the State party’s report and the responses to the list of
issues. It, however, regrets the lack of information on the evaluation of those programmes
and in reducing the incidence of torture and ill-treatment, as well as the lack of specific
training of medical personnel in detention facilities to detect signs of torture and illtreatment (art. 10 and 11).
The State party should:
(a)
Continue to provide mandatory training programmes so as to ensure
that all public officials, in particular members of the police forces and army
personnel, are fully aware of the provisions of the Convention, that breaches are not
tolerated but investigated, and that the perpetrators are brought to trial;
(b)
Assess the effectiveness and impact of training programmes and
education on reducing the incidence of torture and ill-treatment;
12