A/HRC/13/42*
page 101
supported by the Government, was also reported to be responsible for abductions of LTTE
representatives and civilians in the area around Trincomalee.391
198. In its concluding observations on Sri Lanka, the Human Rights Committee expressed its
regret regarding impunity for abductions and secret detentions. The Committee stated that the
majority of prosecutions initiated against police officers or members of the armed forces on
charges of abduction and unlawful confinement, as well as on charges of torture, had been
inconclusive owing to a lack of satisfactory evidence and the unavailability of witnesses, despite
a number of acknowledged instances of abduction and/or unlawful confinement and/or torture,
and only very few police or army officers had been found guilty and punished.392 The Committee
also noted with concern reports that victims of human rights violations felt intimidated about
bringing complaints or had been subjected to intimidation and/or threats, which discouraged
them from pursuing appropriate avenues to obtain an effective remedy.
199. While the conduct of the security forces in “white van” abduction cases is most likely
unlawful and criminal also under the law of Sri Lanka, the Special Rapporteur on torture393 and
the International Commission of Jurists have drawn attention to the far-reaching powers of arrest
and detention that anti-terrorism laws and ordinances bestow upon the Sri Lankan security
forces.394 Under Emergency (Miscellaneous Provisions and Powers) Regulation No. 1 of 2005,
persons “acting in any manner prejudicial to the national security or the maintenance of public
order” may be arrested and held in detention for up to one year, without access to judicial review
by an independent body. Persons may be similarly detained for up to 18 months under the
Prevention of Terrorism (Temporary Provisions) Act of 1979 or indefinitely, pending trial.
Persons can be held in irregular and unpublicized places of detention, outside of a regular police
station, recognized detention centre, penal institution or prison. Detainees may be moved from
place to place during interrogation and denied prompt access to a lawyer, family members or
authority competent to challenge the legitimacy of detention.395 Section 15(A)(1) of the act, for
instance, enables the Secretary to the Minister for Defence to order that persons held on remand
should be “kept in the custody of any authority, in such place and subject to such conditions as
may be determined by him”.395 As a result of his visit to Sri Lanka in November 2007, the
Special Rapporteur on torture concluded that torture had become a routine practice in the context
of counter-terrorism operations, both by the police and the armed forces.396
391
A/HRC/7/3/Add.6, paras. 12 and 16.
392
CCPR/CO/79/LKA, para. 9.
393
A/HRC/7/3/Add.6, paras. 41-48.
394
International Commission of Jurists, Briefing Paper: Sri Lanka’s Emergency Laws,
March 2009, available from www.icj.org//IMG/SriLanka-BriefingPaper-Mar09-FINAL.pdf.
395
Ibid., pp. 17-18.
396
A/HRC/7/3/Add.6, para. 70.
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