A/HRC/27/48
participation in attacks against security forces as a member of the Liberation Tigers of
Tamil Eelam (LTTE). He was indicted before the Anuradhapura High Court under the
Prevention of Terrorism Act (case No. HC.185/2011). Concerning Vijiyanthan
Seevaratnam, the Government reported that he had joined LTTE, undergone military
training at Wattakachch base and used anti-aircraft missile guns. The Attorney General has
offered him rehabilitation as an alternative to criminal prosecution.
15.
The Permanent Mission of Sri Lanka to the United Nations Office at Geneva, in
relation to opinion No. 49/2011 (Sri Lanka), reported that Jegasothy Thamotharampillai and
Sutharsini Thamotharampillai had been detained under Emergency Regulation 19,
paragraph 1. They were indicted before the Colombo High Court and pleaded guilty. On 20
October 2011, they were sentenced to one year and to three months’ imprisonment,
respectively.
16.
By note verbale dated 14 February 2013, the Permanent Mission of Togo to the
United Nations Office at Geneva submitted its Government’s observations to opinion No.
41/2012 (Togo) concerning Sow Bertin Agba.
17.
The Permanent Mission of Iraq to the United Nations Office at Geneva submitted
brief information on 18 persons mentioned in opinion No. 43/2012 (Iraq).
18.
The Permanent Mission of Saudi Arabia to the United Nations Office at Geneva
submitted information concerning Khaled Abdulrahman Al-Twijri and Abdulaziz Nasser
Abdallah Al Barahim, who were the subjects of opinion No. 8/2012 (Saudi Arabia). It
reported that all the allegations concerning Mr. Al-Twijri were inaccurate. He was arrested
on charges of harbouring; failing to report and providing services for wanted persons;
leaving Saudi Arabia illegally using forged documents; and adopting the ideology and
policy of the Al-Qaida organization. Mr. Al Barahim was duly informed of the charges
brought against him and was allowed to contact his family and receive visits in accordance
with article 116 of the Criminal Procedure Code. He did not request the appointment of
legal counsel.
19.
By letter dated 11 July 2013, the Acting Deputy Permanent Representative of the
United States of America to the United Nations Office at Geneva reported that Mr.
Obaidullah, an Afghan national detained at the United States Naval Station at Guantánamo
Bay and the subject of opinion No. 10/2013 (United States of America), was being detained
pursuant to the Authorization for Use of Military Force (public law 107-40, sect. 2 (a)), as
informed by the law of war, in the ongoing armed conflict with Al-Qaida, the Taliban and
associated forces. According to the Government, Mr. Obaidullah’s detention is not penal in
nature; he is being detained under the law of war to prevent his return to hostilities against
the United States for the duration of those hostilities. Mr. Obaidullah has availed himself of
the opportunity to challenge his military detention in the United States federal court system.
He petitioned the Supreme Court to review his case but that petition was denied on 24 June
2013. On 7 March 2011, the President of the United States issued Executive Order 13567
establishing a new process of periodic review for the detainees at Guantánamo Bay who are
designated for continued detention under the law of war or referred for prosecution but not
yet charged or convicted. Mr. Obaidullah is eligible to receive a periodic review under that
process. Each detainee, aided by his representative, is permitted to participate in the review
process by presenting a written or oral statement, introducing relevant information and
answering any question. Additionally, the detainee may call reasonably available witnesses.
20.
By note verbale dated 3 December 2012, the Permanent Mission of Belarus to the
United Nations Office at Geneva stated that opinion No. 39/2012 (Belarus) on the detention
of Aleksandr Viktorovich Bialatski was biased, non-authoritative and politically motivated
(see A/HRC/22/G/2). According to the Government, Mr. Bialatski has been condemned for
committing a serious punishable offence involving tax evasion on a particularly large scale
12
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