CAT/C/LKA/CO/5
with the obligations emanating from the Convention, have not been consistently
implemented by the State party (art. 2).
34.
The State party should provide the Human Rights Commission of Sri Lanka
with sufficient resources and staff to enable it to fulfil its broad mandate effectively.
The State party should abide by the legal obligation to provide information to the
Commission swiftly on all arrests and transfers as well as on any violations in
detention facilities. The State authorities should also take prompt action on the
Commission’s recommendations and on the complaints of torture documented and
referred for criminal investigation. The State party should consider reinforcing the
mandate of the Human Rights Commission by legislating on its powers to refer cases
directly to the courts, as recommended in the OHCHR Investigation on Sri Lanka
report.
Conditions of detention
35.
The Committee is alarmed at the preliminary assessment of the Special Rapporteur
on torture following his visit to Sri Lanka that the conditions of detention in prisons and
detention facilities, in particular those of the Terrorist Investigation Division, could amount
to cruel, inhuman and degrading treatment. According to the Special Rapporteur,
overcrowding exceeds 200 per cent of capacity in certain locations, particularly in
Vavuniya remand prison, and infrastructure is deficient, sanitary conditions poor, light and
ventilation insufficient and access to health-care services and to recreational or educational
activities inadequate. While noting that three visiting committees are foreseen in the new
Prisons Administration Act, the Committee regrets the lack of information on the
mechanisms to ensure the independence of these bodies. The Committee also takes into
account the mandate of the Human Rights Commission of Sri Lanka to conduct
unannounced visits to detention facilities, but is concerned about the capacity of the
Commission to effectively fulfil such a broad mandate (arts. 2, 11 and 16).
36.
The State party should:
(a)
Significantly reduce overcrowding in prisons by making more use of
alternatives to incarceration, such as suspended sentences for first offenders or for
certain minor offences;
(b)
Continue its efforts to improve prison facilities and to remodel those
facilities that do not meet international standards, such as Welikada prison, and
allocate the resources required to improve conditions of detention and strengthen
reintegration and rehabilitation activities;
(c)
Improve the prison medical facilities and ensure the swift transfer of
patients to the National Hospital in cases of emergencies and serious illnesses;
(d)
Consider ratifying the Optional Protocol to the Convention, with a view
to establishing an independent mechanism in charge of the regular monitoring of all
places of detention.
Deaths in custody
37.
The Committee remains concerned about several instances of deaths in police
custody in suspicious circumstances that have not yet been elucidated by the judicial
authorities, such as the cases of Chandrasiri Dasanayaka and P.H. Sandun Malinga, and the
deaths of four suspects who were arrested in connection with the killing of a police officer
and his wife in Kamburupitiya. While noting the ongoing discussions to strengthen the
system for the investigation of deaths in custody, the Committee remains concerned that, at
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