A/HRC/30/61 D. Torture and other forms of cruel, inhuman or degrading treatment 34. The investigation team documented the use of torture by the Sri Lankan security forces, particularly in the immediate aftermath of the armed conflict, when former LTTE members and civilians were detained en masse. This conduct followed similar patterns by a range of security forces in multiple facilities, including army camps, police stations and “rehabilitation camps”, as well as in secret, unidentified locations. 35. On the basis of the information obtained by the team, there are reasonable grounds to believe that acts of torture were committed on a widespread or systematic scale. Such acts breach the absolute prohibition of torture and the State’s international treaty and customary obligations. If established before a court of law, these acts of torture may, depending on the circumstances, amount to crimes against humanity and/or war crimes. E. Sexual and gender-based violence 36. The information gathered by the investigation team gave reasonable grounds to believe that rape and other forms of sexual violence by security forces personnel was widespread against both male and female detainees, particularly in the aftermath of the armed conflict. The patterns of sexual violence appear to have been a deliberate means of torture to extract information and to humiliate and punish persons who were presumed to have links with LTTE. 37. Owing in particular to the fear of reprisals, the stigma and trauma attached, and the other constraints its investigation faced, the team was unable to assess fully the scale of the sexual violence used against those detained. The team nevertheless considers that, on the basis of the information it gathered, there are reasonable grounds to believe that violations of international human rights law and international humanitarian law relating to sexual violence were committed by government security forces, and that some of these acts may amount to war crimes and crimes against humanity. F. Abductions and forced recruitment 38. The investigation team gathered information that reflected a pattern of abductions leading to the forced recruitment of adults by LTTE until 2009. The forced recruits were obliged to perform both military and support functions and were often denied contact with their families. Towards the end of the conflict, abductions leading to forced recruitment became more prevalent. Victims and families who tried to resist were physically mistreated, harassed and threatened. 39. In the view of the team, abductions leading to forced recruitment and forced labour were in contravention of common article 3 of the Geneva Conventions and of the obligations under international humanitarian law of LTTE to treat humanely persons taking no direct part in hostilities and those placed hors de combat. In cases in which the movement of those forcibly recruited was severely restricted, the investigation team is of the view that this may amount to a deprivation of liberty. If established by a court of law, these violations may, depending on the circumstances, amount to war crimes and/or crimes against humanity. G. Recruitment of children and their use in hostilities 40. The investigation team documented extensive recruitment and use of children in armed conflict by LTTE over many years, which intensified during the last few months of 8

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents