A/HRC/22/38
found tortured and killed. 22 The Government reports that these cases are under
investigation.
30.
In its report, the Lessons Learnt and Reconciliation Commission recommended that
a full investigation be launched and, where necessary, prosecutions be brought for cases of
alleged disappearances of those who had surrendered to and/or been arrested by the security
forces around the time of the end of the armed conflict (para. 9.23). In its national plan of
action, the Government instructs the Ministry of Defence to complete an unspecified
ongoing disciplinary process, and the Ministry of Justice and the Attorney General’s
Department to take follow-up action to prosecute, where relevant. These provisions fall
short of an independent and impartial investigation, given that the Ministry of Defence is
made responsible for investigating the armed forces.
C.
Detention policies
31.
The Lessons Learnt and Reconciliation Commission recommended that law
enforcement agencies strictly adhere to existing legal provisions with regard to powers of
arrest and detention. It also called for all places of detention to be formally designated and
adequately publicized, stressing the importance for detainees’ access to next of kin (paras.
9.53-55 and 9.67). The Government did not include these recommendations in its national
plan of action. The Commission also recommended that an independent advisory
committee be appointed to monitor and examine the arrest and detention of persons taken
into custody pursuant to provisions of the Public Security Ordinance or the Prevention of
Terrorism Act (para. 9.57). The Government assigned this recommendation to the Ministry
of Public Administration and Home Affairs, although the actions to be implemented lack
clarity.
32.
The Commission also recommended the establishment of a centralized
comprehensive database of detainees to be made available to the next of kin (para. 9.63). In
its national plan of action, the Government assigned the Ministry of Defence the task of
enhancing the “present database” to ensure easy access to information for next of kin. In its
comments on the present report, the Government stated that a centralized, comprehensive
database of detainees had been established at the Terrorist Investigation Division of the
Police, and that 3,073 next of kin had made inquiries. This does not, however, address the
needs of those whose family members either went missing during the last stages of the war
or surrendered to the army and disappeared thereafter. Furthermore, some of those who
approached the designated Government entities were reportedly unable to obtain any
information owing to the uncooperative and sometimes hostile behaviour of State officials.
33.
Noting that some detainees at the Boossa Detention Centre had spent long periods of
detention without any charges filed against them, the Commission, in its report, reiterated
its interim recommendation that “a special mechanism be created to examine such cases on
a case-by-case basis and recommend a course of action in regard to disposal of each case,
as appropriate” (para. 9.62). In the national plan of action, the Government called on the
Attorney General’s Department to identify and establish procedures within the existing
system to address this issue, and to complete decision-making regarding detainees through
a dedicated unit in the Department. According to a progress (undated) report, a fourmember special committee was set up by the Department, which, in January 2011, began to
study cases of LTTE suspects in detention and to expedite releases for rehabilitation or
expedite investigations where adequate evidence of hard-core involvement in the LTTE
22
10
For example, on 4 January 2012, a person who had been abducted the previous day was found dead
with a gunshot wound to the head.
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