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in May 2007. “They have made complaints that they were abducted, but when they return they don’t say.” 8 Arbitrary arrests and detention In August 2005, after the assassination of Foreign Minister Lakshman Kadirgamar, the government of then-President Chandrika Kumaratunga imposed Emergency Regulations drawn from the Emergency Regulations of 2000. Long a controversial measure in Sri Lanka, the regulations granted the security forces sweeping powers of arrest and detention, allowing the authorities to hold a person without charge based on vaguely defined accusations for up to 12 months. Over the past 18 months, the Rajapaksa government has detained an undetermined number of people reaching into the hundreds under the regulations. The primary targets are young Tamil men suspected of being LTTE members or supporters, but the government has recently cast a wider net, arresting non-Tamils for allegedly supporting the LTTE. The overbroad and vaguely worded regulations allow for the detention of any person “acting in any manner prejudicial to the national security or to the maintenance of public order, or to the maintenance of essential services.” The authorities may search, detain for the purpose of a search, and arrest without a warrant any person suspected of an offense under the regulations. The regulations also provide for house arrest, restrictions on the internal movement of certain persons or groups, prohibitions on an individual from leaving the country, and limitations on an individual’s business or employment. They allow for the censorship of articles related broadly to “sensitive” issues, and the disruption and banning of public meetings. The number of people arrested under the Emergency Regulations remains unclear. In March 2007 the government announced it was holding 452 persons under the 8 Teymoor Nabili, “Peace Through War in Sri Lanka,” Al Jazeera, May 31, 2007, http://english.aljazeera.net/NR/exeres/654B1090-36E2-4374-AFC9-7EDCE9ACB4C7.htm (accessed May 31, 2007). 9 Human Rights Watch August 2007
Emergency Regulations (372 Tamils, 61 Sinhalese, and 19 Muslims), among them 15 soldiers, five policemen, one former policeman, and three military deserters. 9 Human Rights Watch requested updated figures in June, as well as the status of cases and the locations of detention, but the government failed to provide the information requested. In December 2006 the government introduced another Emergency Regulation called the Prevention and Prohibition of Terrorism and Specified Terrorist Activities. The broad, sweeping language allows for the criminalization of a range of peaceful activities that are protected under Sri Lankan and international law. Some of the regulations could be used to justify a crackdown on the media and civil society organizations, including those working on human rights, inter-ethnic relations, or peace-building. The authorities could also use the wide immunity clause to exempt from prosecution members of the security forces deemed to be acting in “good faith.” Karuna group abuses The Sri Lankan government has failed to take action against the abusive Karuna group, a Tamil armed group under the leadership of V. Muralitharan that split from the LTTE in 2004 and now cooperates with Sri Lankan security forces in their common fight against the LTTE. With the LTTE’s loss of territories in the east, the Karuna group has exerted de facto authority in the districts of Ampara, Trincomalee, and Batticaloa. The group also expanded its operations in the northern Vavuniya district, engaging in extortion and abductions. Despite ongoing international scrutiny and criticism, including from the United Nations, the Karuna group has continued to abduct and forcibly recruit children and young men for use as soldiers, with state complicity. Between December 2006 and June 2007 UNICEF documented 145 cases of child recruitment or re-recruitment by the Karuna group. The actual number is likely to be higher because many parents 9 The figure is mentioned in a report by the International Crisis Group, “Sri Lanka’s Human Rights Crisis,” June 14, 2007, http://www.reliefweb.int/rw/RWFiles2007.nsf/FilesByRWDocUnidFilename/DBC51E0313E10AB5852572FA006892C6- Full_Report.pdf/$File/Full_Report.pdf (accessed July 18, 2007), which cites "Sri Lanka Human Rights Update," INFORM and Law and Society Trust, March 15, 2007. Return to War 10
Page 1 and 2: Sri Lanka Return to War Human Right
Page 3 and 4: Karuna group ......................
Page 5 and 6: I. Summary What I am saying is, if
Page 7 and 8: extrajudicial killings to unlawful
Page 9 and 10: 2002. Since January 2006 more than
Page 11: against them, and list the location
Page 15 and 16: The mother of an abducted boy from
Page 17 and 18: disappearances. The police released
Page 19 and 20: commission, highlighting examples o
Page 21 and 22: Methodology This report is based pr
Page 23 and 24: discriminating against Tamils in th
Page 25 and 26: intimidation to force civilians who
Page 27 and 28: International humanitarian law proh
Page 29 and 30: in which an LTTE cadre shot and kil
Page 31 and 32: the Savukady camp in Batticaloa to
Page 33 and 34: they would no longer be responsible
Page 35 and 36: In mid-May the government began a n
Page 37 and 38: On May 29, UNHCR commented on the g
Page 39 and 40: Grama Niladari Divisions (the small
Page 41 and 42: The salvos landed in and around the
Page 43 and 44: didn’t take him to the hospital b
Page 45 and 46: While describing the loss of civili
Page 47 and 48: saw no weapons, no bunkers or artil
Page 49 and 50: V. Enforced Disappearances and Abdu
Page 51 and 52: months of 2007. 84 A government com
Page 53 and 54: In one illustrative case documented
Page 55 and 56: The Valvettiturai police registered
Page 57 and 58: would send him by bus or train to T
Page 59 and 60: wife tried his cell phone several t
Page 61 and 62: then that his brother had paid, alt
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as the disseminators of “LTTE pro
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It is evident that many of the [dis
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The government’s lack of commitme
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A lodge-owner who had 29 out of 36
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arguing that evicting Tamils from C
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VII. Emergency Regulations In Augus
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Given the wide ranging powers provi
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Large-scale arrests of Tamil youth
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held, how many had been charged wit
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Various United Nations principles i
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In addition, the regulations establ
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individuals and groups working to r
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At a public meeting on April 6, 200
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On April 30, 2007, unidentified gun
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“We have blocked it as per a gove
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conference said they had already ca
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astards with the law we need to use
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humanitarian worker with direct kno
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The government dismissed the allega
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With the change of administration i
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IX. Karuna Group and State Complici
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stating that it “has no complicit
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of the government commission lookin
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Over the past 18 months, the govern
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Lack of witness protection A key pr
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president cannot appoint any commis
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Watch asked the Sri Lankan governme
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persons and refugees, and SLMM in r
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7. Death of 51 persons in Naddalamo
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Members of the IIGEP have also expr
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In the current context, in particul
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domestic and international criticis
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To the Liberation Tigers of Tamil E
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• Urge the Sri Lankan government
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H UMAN R I GHTS WATCH 350 Fifth Ave
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