torture survivors are referred to medical experts for examination a long time after the injuries were inflicted. This makes it difficult to prove that any injuries resulted from torture and were inflicted during a specific period, especially during detention. Investigations often last indefinitely without a conclusive outcome, apparently due to inadequate investigation methods and a lack of vigour on the part of the DPP. The Committee against Torture expressed its concern about the excessive length of many of the proceedings initiated in cases of torture and ill-treatment.11 In Kenya, investigations proceed slowly, if at all. Many complaints are apparently not recorded or acted upon. Police often close investigations, citing lack of evidence, or keep the files open indefinitely without taking any action and/or informing complainants about the state of affairs. The delays in the collection of evidence in torture cases have meant that in some cases, crucial evidence is lost. Perpetrators of torture and their colleagues, who are usually not suspended or arrested, are also said to have manipulated evidence or obstructed complainants’ attempts to obtain evidence.12 Asia In Asia, impunity for torture remains a systemic problem, perpetuated inter alia by the lack of prompt and expeditious investigations. In the absence of regional human rights treaty bodies and limited access to individual complaints procedures, UN Charter bodies such as the Special Rapporteur on Torture, national courts and NGOs have played an important role in highlighting the practice and impact of delays, and in recommending remedial action. Sri Lanka In July 2003, 17 year-old Chamila Bandara was severely tortured following his arrest on fabricated charges of theft.13 The trial against the police officers accused of Chamila Bandara’s torture began in 2007, more than four years after the incident. Judging by the average duration of trials in torture cases, the proceedings can be expected to last at least another 5-8 years if the High Court verdict is appealed. Bandara’s fundamental rights case filed before the Supreme Court in 2002 has been suspended until the completion of the High Court case, adding another layer of delay. Chamila Bandara was still subject to criminal proceedings relating to three charges of theft brought against him in 2002. These charges were being heard by the Kandy Magistrates Court in 2007, despite the lack of evidence to support the charges. At the time of writing it was unclear when a verdict would be expected. 11 Conclusions and recommendations of the Committee against Torture: Egypt, UN Doc. CAT/C/CR/29/4, 23 December 2002, para.5 (h). 12 See REDRESS, Reparation for Torture, A Survey of Law and Practice in Thirty Selected Countries: Kenya, May 2003. See also Concluding observations of the Human Rights Committee: Kenya, UN Doc. CCPR/CO/83/KEN, 29 April 2005, para.18. 13 According to the Asian Human Rights Commission: “During the incidence of torture he was beaten on the soles of his feet with a wicket and cane, had a shopping bag with petrol residues placed over his head and was suspended 4ft in the air from a beam on the ceiling with him thumbs tied together behind his back. As a result of the extreme pain, Chamila Bandara admitted to the thefts for the police officers had threatened that if he did not they would keep him hanging and tie a stone to his legs. On July 31 he entered the Kandy hospital and remained under treatment for six days, where doctors told him that a nerve in his left hand had been stretched. His legs were swollen, his hands were numb and he had headaches. A complaint was made to the hospital police. Since making further complaints to the Sri Lankan authorities, the victim and his family were forced into hiding after Chamila Bandara was discharged.” 8