A/67/44
The Committee furthermore calls upon the State party to consider ratifying the
International Convention for the Protection of All Persons from Enforced
Disappearance.
Anti-terrorism measures
(10) While noting the State party’s decision to lift the long-standing state of emergency
on 31 August 2011, the Committee expresses concern that 24 hours before it ended new
regulations were decreed under the Prevention of Terrorism Act No. 48 of 1979 (PTA). The
Committee is concerned about the sweeping nature of these PTA regulations, which unduly
restrict legal safeguards for persons suspected or charged with a terrorist or related crime,
as pointed out by the Human Rights Committee and the Special Rapporteur on the question
of torture. The Committee notes that the President continued to invoke Section 12 of the
Public Security Ordinance (Chapter 40) to allow the armed forces to retain policing powers
in all 25 districts (Presidential Order of 6 August 2011). In this connection, the Committee
notes with concern that with the lapsing of the state of emergency, the limited safeguards
contained in Emergency (Miscellaneous Provisions and Powers) Regulation, No. 1 of 2005,
which applied when arrests were made by armed forces, apparently are no longer in effect
under the new PTA regulations (e.g. a person arrested by a member of the armed forces had
to be handed over to the police within 24 hours) (arts. 2 and 16).
The State party should ensure the respect for fundamental legal safeguards and take
all necessary measures to ensure that its legislative, administrative and other antiterrorism measures are compatible with the provisions of the Convention, especially
with article 2, paragraph 2.
Coerced confessions
(11) While noting the clarification given by the State party in respect of the
inadmissibility of evidence obtained through torture under the Evidence Ordinance Act
1985, the Committee remains concerned about the fact that the PTA allows all confessions
obtained by police at or above the rank of Assistant Superintendent of Police (ASP) to be
admissible (sect. 16) placing the burden of proof on the accused that a confession was
obtained under duress (sect. 17(2)). The Committee is also concerned at reports that in most
cases filed under the PTA the sole evidence relied upon is confessions obtained by an ASP
or an officer above that rank The Committee further notes with concern reports
documenting individual cases of torture and ill-treatment where the victims were allegedly
randomly selected by police to be arrested and detained for what appears to be an
unsubstantiated charge and subsequently subjected to torture or ill-treatment to obtain a
confession for those charges (arts. 2, 11, 15 and 16).
The State party should explicitly exclude any evidence obtained as a result of torture
and ensure that legislation, including anti-terrorism legislation, concerning evidence
to be adduced in judicial proceedings is brought in line with the provisions of article
15 of the Convention.
The State party should also ensure that all detainees are asked by the judge whether
or not they were ill-treated or tortured in custody. The State party should ensure that
judges order independent medical examinations whenever a suspect requires one in
court and that prompt and impartial investigations are conducted whenever there is a
reason to believe that an act of torture occurred, especially in cases where the sole
evidence presented is a confession. The judge should exclude such statements if the
suspect so requests in court and the medical examination sustains the claim. Detainees
should receive a copy confirming their request for a medical report and a copy of the
report itself.
GE.12-44492
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