CAT/C/LKA/CO/2
page 3
Human Rights Commission of Sri Lanka
6.
Acknowledging the important role of the Human Rights Commission of Sri Lanka in the
promotion and protection of human rights in Sri Lanka and its adoption of a zero-tolerance
policy against torture, the Committee is concerned about the frequent lack of implementation by
the State party of the Commission’s recommendations.
The State party should strengthen the Human Rights Commission of Sri Lanka so
as to allow it to function effectively and ensure that its recommendations are fully
implemented. The Commission should be provided with adequate resources,
notification of arrests, and full cooperation in implementing its 24-hour torture
hotline and improving the system of inspection visits. Furthermore, the State party
should ensure that new commissioners are appointed promptly when the three-year
term of office of the present commissioners ends in March 2006.
National Police Commission
7.
While noting the significant role of the National Police Commission in disciplinary
investigations of the police force, the Committee notes that the terms of office of its current
commissioners will expire at the end of November 2005 and is concerned that no new
commissioners have yet been appointed.
The State party should proceed urgently with the appointment of the commissioners
of the National Police Commission. Furthermore, the State party should ensure
that the public complaints procedure provided for in article 155G (2) of the
Constitution is implemented and that the Commission is given adequate resources
and full cooperation by the Sri Lanka police in its work.
Fundamental safeguards
8.
The Committee is concerned about allegations that fundamental legal safeguards for
persons detained by the police, including habeas corpus rights, are not being observed.
The State party should take effective measures to ensure that the fundamental legal
safeguards for persons detained by the police are respected, including the right to
habeas corpus, the right to inform a relative, access to a lawyer and a doctor of their
own choice, and the right to receive information about their rights.
Non-refoulement
9.
The Committee notes with concern that the State party has not given effect to the
principle of non-refoulement contained in article 3 of the Convention.
The State party should adopt domestic legislation to implement the principle of
non-refoulement contained in article 3 of the Convention.