Return to War - Human Rights Watch
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Large-scale arrests of Tamil youth under the Emergency Regulations are particularly<br />
common after attacks attributed <strong>to</strong> the LTTE. After the suicide bomb attack against<br />
Army Commander Lt. Gen. Sarath Fonseka in April 2006, for example, the authorities<br />
arrested 97 Tamils in Colombo. 143 The status of their cases remains unclear. Similarly,<br />
security forces arrested a large number of Tamils in connection with the August 2005<br />
Kadirgamar assassination. Between midnight of December 30 and noon on<br />
December 31, 2005, the Sri Lankan army and police arrested 920 people, mostly<br />
Tamils, in a joint cordon and search operation named “Strangers Night III.” The pro-<br />
LTTE website Tamilnet said the police arrested only Tamils, including 105 women, 144<br />
but the police said the 920 suspects comprised 118 Sinhalese, 96 Muslims, and 706<br />
Tamils. 145 It remains unclear how many of these people remain in detention at this<br />
writing. <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> asked the Sri Lankan government how many of those<br />
arrested in “Strangers Night III” are still under detention, how many have been<br />
charged, and how many have been brought <strong>to</strong> trial, but the government did not reply.<br />
Sri Lankan lawyers dealing with arrests under the Emergency Regulations <strong>to</strong>ld<br />
<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> that the security forces frequently detain individuals on<br />
spurious charges, such as if found speaking softly on a mobile phone in Tamil in a<br />
public place. The police take advantage of the powers granted them under the<br />
regulations <strong>to</strong> arrest all those suspected in any way of supporting the LTTE.<br />
In some cases, deliberate misrepresentation of a suspect’s identity has led <strong>to</strong><br />
innocents being detained. On Oc<strong>to</strong>ber 2, 2006, for example, the police arrested<br />
Rasurajah, a 32-year-old Tamil from Talgampola in Galle district. According <strong>to</strong> the<br />
Asian <strong>Human</strong> <strong>Rights</strong> Commission, Rasurajah remained in cus<strong>to</strong>dy for three days<br />
because the police misrepresented his identity in court as “M. Selliah,” an individual<br />
wanted by the police for investigation. A second magistrate, informed of the facts of<br />
the case, did not release Rasurajah but kept him on remand until the next hearing on<br />
Oc<strong>to</strong>ber 6, after which he was released. 146<br />
143 Centre for Policy Alternatives, “<strong>War</strong>, Peace and Governance in Sri Lanka,” December 2006.<br />
144 “920 Tamils arrested in major cordon, search operation in Colombo,” TamilNet, December 31, 2005,<br />
http://www.tamilnet.com/art.html?catid=13&artid=16702 (accessed July 16, 2007).<br />
145 Nirmala Kannangara, “DIG says Tamils not targeted through search operations,” Morning Leader (Colombo), January 11,<br />
2006, http://www.themorningleader.lk/20060111/News.html (accessed July 16, 2007).<br />
146 “Sri Lanka: Innocent man victimised by illegal arrest and detention due <strong>to</strong> unlawful police malpractice of misrepresenting<br />
suspect's identity in court,” Urgent Appeal, Asian <strong>Human</strong> <strong>Rights</strong> Commission, November 9, 2006.<br />
<strong>Return</strong> <strong>to</strong> <strong>War</strong> 74