A/67/44
The Committee calls upon the State party to establish an independent national system
to effectively monitor and inspect all places of detention, including facilities holding
LTTE suspects and closed IDP camps, and to follow-up on the outcome of its
systematic monitoring.
The State party should take necessary measures to support work of HRCSL, ensuring
that its recommendations are fully implemented. It should also provide detailed
information on the action taken on the recommendations made by the Commission on
its visit to Mount Lavinia police station on 15 August 2011.
The State party should strengthen the capacity of non-governmental organizations
that undertake monitoring activities and adopt all appropriate measures to enable
them to carry out periodic, independent and unannounced visits to places of detention.
The Committee strongly encourages the State party to consider the possibility of
ratifying the Optional Protocol to the Convention against Torture, with a view to
establishing a system of regular unannounced visits by national and international
monitors, in order to prevent torture and other cruel, inhuman or degrading
treatment or punishment.
Human Rights Commission of Sri Lanka (HRCSL)
(17) The Committee is concerned that the new appointment process set out by the 18th
Amendment to the Sri Lankan Constitution (September 2010), which ends Parliament’s
role in approving appointments, undermines the independence of the HRCSL. The
Committee is also concerned about the difficulties the HRCSL has had in carrying out its
function owing in part to the lack of cooperation from other State party institutions, limited
human and financial resources, which has reduced its ability to investigate specific
incidents and make recommendations for redress, and failure to publish the reports of its
investigations (arts. 2 and 12).
The State party should ensure that the HRCSL effectively fulfils its mandate and
receives the necessary resources for that purpose. It should also ensure that the
Commission is able to initiate as well as carry out independent investigations into
alleged and possible cases of torture and ill-treatment, including those concerning
military premises, as well as “rehabilitation centres” and other government-controlled
facilities such as “welfare centres”, and to publish the results. The State party should
establish a transparent and consultative selection process to guarantee its full
independence in line with the Paris Principles.
Impunity for acts of torture and ill-treatment
(18) The Committee remains concerned about the prevailing climate of impunity in the
State party and the apparent failure to investigate promptly and impartially wherever there
is reasonable ground to believe that an act of torture has been committed. It also notes the
absence of an effective independent monitoring mechanism to investigate complaints of
torture. The Committee expresses concern over reports that the Attorney General’s office
has stopped referring cases to the Special Investigations Unit (SUP) of the police and the
large proportion of pending cases still outstanding. The Committee is also concerned at
numerous reports concerning the lack of independence of the judiciary (arts. 11, 12 and 13).
The State party should:
(a)
Ensure that a prompt and impartial investigation is made into all
complaints of torture or ill-treatment. In particular, such investigation should be
under the responsibility of an independent body, not under the authority of the police;
(b)
Establish an independent complaints system for all persons deprived of
their liberty;
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GE.12-44492
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