A/HRC/7/3/Add.6 page 15 also be held by security forces for up to a year under “preventive detention” orders issued by the defence secretary (section 17). A suspect detained under the ER must not be produced before a magistrate for up to 30 days. Not only police officers and soldiers, but also so-called “public officers” and those specifically authorized by the President may make arrests under the ER. In addition, the ER allow joint operations of arrest between the army and the police without clarifying the respective responsibilities of these two forces (sect. 19). 44. Under the Regulations, the authorities may dispose of bodies without public notification (sect. 56). The deputy inspector-general of the police has the authority to cremate bodies and thereby destroy potential evidence of torture or CIDT. 45. Contrary to sections 24 to 26 of the Evidence Ordinance, under the ER, confessions to senior police officers may also be used as evidence in court. 46. On 6 December 2006, President Rajapaksa promulgated an additional set of ER,11 reinstating certain provisions of the Prevention of Terrorism Act, which had been suspended as part of the 2002 ceasefire accord. Regulation 19 contains an immunity clause for any government official12 for any action under the regulations, provided that such a person has acted in good faith and in the discharge of his official duties. Safeguards under the Emergency Regulations 47. Persons arrested by the army must be turned over to the police within 24 hours (sect. 19) and their family must be provided with an arrest notification acknowledging custody. The NHRC must be informed of all detentions under the ER within 48 hours and has legal authority to visit detainees wherever they are held. This rule was confirmed by the Presidential Directives on Protecting Fundamental Rights of Persons Arrested and/or Detained, issued in July 2006 and recirculated in April 2007, providing for access to the NHRC to arrested and detained persons and therefore to any place of detention (see also safeguards, paragraph 37 above). 48. During his mission the Special Rapporteur was informed that the NHRC is keeping a confidential database registering the arrests under the Emergency Regulations. 4. Complaints and investigations of acts of torture (a) Complaints 49. There are several avenues to seek justice for victims of torture and ill-treatment. 50. Jurisdiction for offences under the Anti-Torture Act No. 22 lies with the High Court. In this regard complaints have to be addressed to the Attorney General’s (AG) Department. Upon instruction of the AG the Special Investigation Unit (SIU) under the supervision of the Inspector General of the Police (IGP) conducts the investigations. The Prosecution of Torture 11 The Prevention and Prohibition of Terrorism and Specified Terrorism Activities, No. 7 of 2006. 12 Public servant or any other person specifically authorized by the Government of Sri Lanka.

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