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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