A/HRC/34/54/Add.2 7. Juveniles 46. The Special Rapporteur is deeply concerned that the age of criminal responsibility remains very low, at 8 years (art. 175 of the Penal Code). While a draft law would raise the age to 10 years, this is still well below international standards.6 47. Corporal punishment is prohibited as a penal sentence by the Corporal Punishment (Repeal) Act No. 23 of 2005. However, it is reportedly still practised as a disciplinary measure in other settings, including juvenile centres, schools and the home.7 48. Because of time constraints the Special Rapporteur was unable to visit a juvenile facility. He was informed, however, that about 1,700 juveniles were being held in detention and expressed concern that youth offenders were not separated from children in need of care. 49. During his visits to some remand sections of adult facilities, he encountered juveniles being held together with adults and was concerned to learn that upon conviction children starting from the age of 17 are moved to regular detention facilities. The Special Rapporteur was informed that a new draft law would provide for the separation of children from adults. 8. Death penalty 50. The death penalty is embodied in article 53 of the Penal Code for the crime of murder. The Special Rapporteur welcomes the de facto moratorium, in effect since 1977, but regrets that Sri Lanka has not abolished the death penalty and continues to impose it. 51. At the time of the visit, 462 prisoners were reported to be on death row in Sri Lanka, held in Welikada and Bogambara prisons in separate wings. Their indefinite detention under strict conditions, uncertainty about possible execution and, in some cases, drastically reduced human contact or isolation render the punishment tantamount to ill-treatment or even torture. B. Conditions of detention 52. The Prisons Department, under the Ministry of Prison, Rehabilitation, Resettlement and Hindu Religious Affairs, reported that Sri Lanka has a prison population of approximately 16,990 (7,496 convicted prisoners, 8,351 prisoners on remand and 1,143 prisoners whose cases were under appeal). Unfortunately, figures for the actual capacity of detention facilities have not been provided to the Special Rapporteur, despite requests. Prisons and detention centres are visited on an ad hoc basis by the International Committee of the Red Cross, a visiting committee, the National Human Rights Commission and nongovernmental organizations; however, no robust monitoring system is in place. 53. Although the Special Rapporteur did not receive any reports of ill-treatment by corrections staff, he found prison conditions to be inhumane, characterized by very deficient infrastructure and pronounced overcrowding. There was an acute lack of adequate sleeping accommodation, extreme heat and insufficient ventilation. Overpopulation also results in limited access to medical treatment, recreational activities and educational 6 7 10 Committee on the Rights of the Child, general comment No. 10 (2007) on children’s rights in juvenile justice. Global Initiative to End All Corporal Punishment of Children, submission to the review by the Committee against Torture of the report of Sri Lanka in November 2016.