On the findings of the investigation with respect to the effective implementation of certain human rights conventions in Sri Lanka

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1. Initiation of the investigation

1. The investigation with respect to the effective implementation of certain human rights conventions in Sri Lanka was initiated by the Commission Decision of 14 October 2008 (OJEU L277/34 of 18 October 2008) pursuant to Article 18(2) of Council Regulation (EC) No 980/2005.1 Article 16(2) of Regulation (EC) 980/2005 provided for the temporary withdrawal of the special incentive arrangement referred to in Section 2 of Chapter II of that Regulation (the “GSP+” treatment), if the national legislation incorporating those conventions referred to in Annex III of the Regulation which had been ratified in fulfilment of the requirements of Article 9(1) and (2) was not effectively implemented.

2. Reports, statements and information of the United Nations (UN) available to the Commission at that time, including the report of the Special Rapporteur on Extrajudicial Executions of 27 March 2006, the statement of the Special Advisor to the Special Representative for Children and Armed Conflict of 13 November 2006 and the statement of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment of 29 October 2007, as well as other publicly available reports and information from other relevant sources, including non-governmental organisations, indicated that the national legislation of the Democratic Socialist Republic of Sri Lanka incorporating international human rights conventions, in particular the International Covenant on Civil and Political Rights (“ICCPR”), the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”) and the Convention on the Rights of the Child (“CRC”), was not being effectively implemented.2

3. The Commission examined this information and found that it constituted sufficient grounds for the opening of an investigation with the objective of determining whether the legislation of Sri Lanka incorporating the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of the Child is effectively implemented.