CAT/C/LKA/CO/2
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B. Positive aspects
3.
The Committee notes with satisfaction the following positive developments:
(a)
The signing of the Ceasefire Agreement between the Government of Sri Lanka
and the Liberation Tigers of Tamil Eelam in February 2002, which has led to a considerable
decrease in reported cases of torture in connection with the conflict, mainly by the armed forces.
The Committee encourages the parties to resume further talks, leading to a resolution of the
problem;
(b)
The strengthening of the Human Rights Commission of Sri Lanka, which enables
it to deal more effectively with violations of human rights in general and cases of torture in
particular;
(c)
The creation of the National Police Commission by the seventeenth amendment to
the Constitution in 2001, which has proved successful in promoting human rights;
(d)
Institutional and other measures taken by the State party to implement the
Committee’s conclusions and recommendations and the recommendations of the inquiry under
article 20 of the Convention, including the establishment of the Permanent Inter-Ministerial
Standing Committee and Working Group on Human Rights Issues, the Criminal Investigation
Department, the Special Investigation Unit of the police and the Central Registry of persons in
police custody;
(e)
The establishment of human rights directorates in the army, navy and air forces
and in the police forces, as well as human rights cells in the three branches of the armed forces,
with the power to investigate human rights violations;
(f)
The ratification of the Optional Protocol to the Convention on the Rights of the
Child on the involvement of children in armed conflict on 21 August 2000 and the accession to
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women on 15 October 2002;
(g)
The recent abolition of corporal punishment by Act No. 23 of 2005.
C. Factors and difficulties impeding the implementation of the Convention
4.
The Committee acknowledges the difficult situation arising from the internal armed
conflict in Sri Lanka. However, it points out that no exceptional circumstances whatsoever may
be invoked as a justification of torture.
D. Principal subjects of concern and recommendations
Definition
5.
The Committee is concerned about the lack of a comprehensive definition of torture as
set out in article 1 of the Convention in the domestic law.
The State party should adopt a definition of torture that covers all the elements
contained in article 1 of the Convention.