A/67/44
(c)
Launch prompt and impartial investigations spontaneously and
wherever there is reasonable ground to believe that an act of torture has been
committed;
(d)
Ensure that the Attorney General’s office fulfils its responsibilities to
refer cases to the SUP;
(e)
Ensure that, in cases of alleged torture, suspects are suspended from
duty immediately for the duration of the investigation, particularly if there is a risk
that they might otherwise be in a position to repeat the alleged act or to obstruct the
investigation;
(f)
Ensure that, in practice, complainants and witnesses are protected from
any ill-treatment and acts of intimidation related to their complaint or testimony;
(g)
Bring to trial the alleged perpetrators of acts of torture or ill-treatment
and, if they are found guilty, ensure sentences with penalties that are consistent with
the gravity of their acts. In this connection, legislative measures should be taken to
guarantee the independence of the judiciary.
Witness and victim protection
(19) The Committee remains concerned at the absence of an effective mechanism to
ensure the protection of and assistance to witnesses and victims of human rights violations
and abuses, which has a negative impact on the willingness and ability of witnesses and
victims to participate in investigations or to testify in proceedings. In this regard, the
Committee is concerned about the impunity in the cases of attacks against witnesses and
victims, as illustrated in the case of Gerald Perera and those allegedly involved in his
murder following his allegation of torture against several police officers. The Committee
notes with concern that a bill on witness and victim protection has been on the
parliamentary agenda since 2008. The Committee regrets the scant substantive information
provided by the State party regarding the case of Siyaguna Kosgodage Anton Sugath
Nishantha Fernando, a complainant in a torture case before the Supreme Court, who was
killed by unidentified gunmen on 20 September 2008. The victim had repeatedly requested
protection measures for himself and his family against alleged perpetrators (arts. 2, 11, 12,
13 and 15).
The Committee reiterates its earlier recommendation (CAT/C/LKA/CO/2, para. 15)
that the State party should ensure that witnesses and victims of human rights
violations are effectively protected and assisted, in particular by ensuring that
perpetrators do not influence protection mechanisms and that they are held
accountable.
Internally displaced persons
(20) The Committee notes that near the end of the armed conflict in 2009 over 280,000
people fled from the northern LTTE-controlled areas to government-controlled territory in
Vavuniya, Mannar, Jaffna and Trincomalee districts, where the vast majority of them
entered closed military-run internment camps. While noting the information provided by
the State party regarding the substantial efforts undertaken to respond to the influx of
displaced persons, the Committee remains concerned at the situation of IDPs in the country,
especially those who remain in “welfare centres”. According to the State party, IDPs were
initially provided with “a secure environment and cared for while they were screened to
identify terrorist cadre[s] who had infiltrated the civilian population that was rescued at the
conclusion of the armed conflict”. The Committee, however, remains concerned about
consistent allegations of torture and ill-treatment during questioning of camp residents by
the Criminal Investigation Department (CID) and the Terrorist Investigation Department
(TID). The Committee is concerned that these allegations have not been investigated
GE.12-44492
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