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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents