A/HRC/22/38
was available.23 In its statement made at the fourteenth session of the universal periodic
review, the Government declared, with regard to the treatment of ex-combatants, that, as at
22 October 2012, 11,012 people, included 594 LTTE child soldiers, had been rehabilitated
and reintegrated into society, and that of the approximately 12,000 identified as excombatants and provided with rehabilitation, only 782 were actually undergoing
rehabilitation, while 262 were under judicially mandated custody (remand).24
34.
On 23 May 2012, the Leader of the House announced in Parliament that the
Government had taken measures to establish four special courts to hear cases against LTTE
suspects. Government representatives gave differing accounts to the OHCHR technical
mission with regard to the quantity, functionality and location of the courts. The technical
mission was also informed that the delay in the establishment of the courts had been due to
the lack of judges and interpreters, and that the Judicature Act was being amended in order
to expedite the appointment of judges. Although the Attorney General’s Department
assured that the courts would be functional by the end of 2012, this was still not the case at
the time of writing.
35.
There are many concerns regarding those who have gone through the rehabilitation
process,25 including the criteria used to subject an individual to rehabilitation; questions
regarding the supposed voluntary nature of persons surrendering themselves for
rehabilitation; the transfer of persons between rehabilitation and detention centres, which
results in the deprivation of freedom of liberty of individual through the increase of the
detention period; and the lack of such basic procedural safeguards as legal representation
and judicial oversight for lengthy rehabilitation periods.
36.
The OHCHR technical mission was further informed by the Secretary for Defence
that those who had undergone rehabilitation were continually monitored after their release.
It has been reported that those released have to register regularly with either the local Civil
Affairs Office of the military, or the local army camp. In addition, multiple military and
intelligence agencies visit the homes and even workplaces of those released for
interrogation purposes. Such continued monitoring and harassment have an adverse impact
on the ability of those released from rehabilitation to reintegrate successfully into the
community, as they are perceived to be Government informants, and are therefore shunned
by the community. Women are particularly affected by this problem and subject to stigma
following contacts with the military.
D.
Internal displacement and land issues
37.
The Lessons Learnt and Reconciliation Commission noted that, while the process of
returning those displaced during the final stages of the armed conflict had largely been
completed, concerns remained regarding the needs of those resettled (para. 9.102). In
discussing the issue of displaced Muslims from as far back as October 1990, the
Commission recommended the appointment of a special committee to examine durable
23
24
25
Report of the Panel of Experts, p. 172, annex 2.15.3.
The Panel of Experts, quoting the figure of 11,696 persons provided by the Government, pointed out
in its report (para. 164) that the number could not be verified independently, given that the
Government had refused independent oversight by the United Nations, ICRC or the Human Rights
Commission of Sri Lanka.
Administrative detention of persons without charge or trial for purposes of rehabilitation was
previously provided for under the Emergency Regulations, which have now lapsed. The Prevention of
Terrorism (Detainees and Remandees) Regulations No. 4 of 2011, which were introduced whenthe
Emergency Regulations expired, ensured the continued detention of those detained under the latter.
11
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