A/HRC/8/46
Page 12
evidence against them collected, so that such persons can be prosecuted. During the past decade,
criminal proceedings have been instituted against 599 members of the security forces and the police
with regard to their alleged involvement in abducting persons, detaining them unlawfully and
extrajudicially eliminating persons in custody. The process of investigation and prosecution may
not be as expeditious as one would like it to be. What is important is that the due process of the law
and justice has been set in motion and is moving in the correct direction. The allegation of torture
is also one that concerns our Government. Both the Committee against Torture (CAT) and the
Special Rapporteur on the question of torture concluded that the practice of torture was not
systematic in Sri Lanka. Unfortunately torture may be possibly occasionally used by certain
overzealous investigators on certain occasions as an investigative tool to extract the truth from
persons under interrogation. Perpetrating torture is a violation of an important fundamental right
enshrined in the Constitution and an offence under the criminal law of Sri Lanka, which imposes
very serious punishment. A special agency of the police has been specially mandated to carry out
criminal investigations into all complaints of torture. During the last 12 months alone, criminal
proceedings have been instituted against 61 police officers with regard to their alleged use of torture
in the course of criminal investigations. All alleged perpetrators of human rights violations would
be prosecuted. Measures necessary to expedite the process of investigation, launch prosecutions and
conduct trials would be adopted. The Government refutes the allegation of impunity.
53.
Latvia commended Sri Lanka on its decision to let a certain number of the Special
Rapporteurs to visit Sri Lanka and encouraged Sri Lanka to build on these visits and to issue
standing invitations and to agree to all outstanding requests by the special procedures of the Human
Rights Council.
54.
Germany regretted the abrogation of the ceasefire agreement with the LTTE, which led to
the termination of the SLMM in March 2008. Clarifications were sought about concrete measures
intended to compensate for the void created in terms of monitoring and effectively addressing
human rights violations committed in the wake of ongoing civil war hostilities and in anti-terrorist
strategies. Germany recommended that Sri Lanka restore and ensure the independence of its
National Human Rights Commission, in accordance with the Paris Principles.
55.
The Czech Republic enquired about the measures Sri Lanka has adopted to eliminate
torture, especially regarding human rights defenders and detained persons, and ensure torture
victim’s access to justice, including witness protection and assistance programmes. The Czech
Republic recommended to Sri Lanka to: (a) adopt measures to strengthen the rule of law; prevent
human rights violations, including enforced disappearances, extrajudicial executions and torture;
ensure punishment of those responsible; and include, inter alia, systematic review of all detention
areas; establish an independent complaint mechanism in prisons, and prompt, impartial
investigation into allegations of torture as well as protection for witnesses and others alleging
torture or ill-treatment against reprisals, intimidation and threats; (b) ensure full incorporation and
implementation of the provisions of international human rights instruments at the national level, in
particular ICCPR and CAT; (c) adopt concrete measures to strengthen the function and
independence of the National Human Rights Commission; and (d) ratify the Optional Protocol to
CAT and, (e) support the recommendation of the Special Rapporteur on the question of torture and
establish an OHCHR field presence with the mandate to monitor Sri Lanka’s human rights situation
and provide technical assistance, particularly regarding judicial, police and prison reform.
56.
Italy (a) recommended that Sri Lanka take further active measures in order to put an
immediate end to forced recruitment and to the use of children in armed conflicts by all factions,
including the Karuna Group; It enquired whether Sri Lanka was considering to take further steps
towards a complete abolition of the death penalty, and recommended that (b) Sri Lanka allow
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