A/HRC/34/20
(a)
Publicly issue unequivocal instructions to all branches of the military,
intelligence and police forces that torture, sexual violence and other human rights
violations are prohibited and will be investigated and punished, and order all security
forces to end immediately all forms of surveillance and harassment of and reprisals
against human rights defenders, victims and social actors;
(b)
Develop a full-fledged vetting process, respecting due process, in order to
remove from office security personnel and other public officials involved in human
rights violations; implement other reforms of the security sector in order to
strengthen accountability and civilian oversight; and apply stringent screening
procedures for units and individuals applying to serve in United Nations peace
operations;
(c)
Give the highest priority to the restitution of all private land that has
been occupied by the military and to ending military involvement in commercial and
other civilian activities;
(d)
Support the Human Rights Commission, including by ensuring it
receives adequate resources in order to fulfil its mandate to the fullest, including the
review of legislation and draft legislation.
3.
Legislation and justice
67.
The High Commissioner recommends that the Government of Sri Lanka:
(a)
Implement the recommendations of the Special Rapporteur on the
independence of judges and lawyers following the country visit in April-May 2016;
(b)
Review the Victim and Witness Protection Act with a view to
incorporating strong safeguards for the independence and effectiveness of the victim
and witness protection programme, in accordance with international standards;
(c)
Accede to the additional protocols to the Geneva Conventions, and to the
Rome Statute of the International Criminal Court;
(d)
Enact legislation to criminalize war crimes, crimes against humanity,
genocide and enforced disappearances without statutes of limitation, and enact modes
of criminal liability, in particular command or superior responsibility;
(e)
Consider, as part of the constitutional reform process, the inclusion of a
transitional clause to facilitate the establishment of transitional justice mechanisms
and offer guarantees of redress to all those whose rights have been violated;
(f)
Adopt legislation establishing a hybrid court, which should include
international judges, defence lawyers, prosecutors and investigators, to investigate
allegations of violations and abuses of international human rights law and violations
of international humanitarian law, and provide it with the resources necessary to
enable it to try those responsible promptly and effectively;
(g)
Strengthen the forensic capacity of the police and judiciary and ensure
that it is adequately resourced, including for DNA testing, forensic anthropology and
archaeology;
(h)
Replace the Prevention of Terrorism Act by legislation that adheres to
the best international practices;
(i)
Review all cases of detainees held under the Prevention of Terrorism Act
with the aim of either releasing them or bringing them immediately to trial; establish
a moratorium for the use of the Act for new arrests until it is replaced by legislation
that adheres to international best practices; and review the cases of those convicted
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