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