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Return to War - Human Rights Watch

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In February 2007 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviewed the family members of 17 people<br />

whom the families believe were detained by the police, although they did not know<br />

whether they were specifically arrested under the Emergency Regulations. All said<br />

they had been unable <strong>to</strong> obtain any information about the location of their relative or<br />

the charges against them.<br />

Also problematic is that the 2005 Emergency Regulations allow joint operations<br />

between the army and the police, with no clarity on responsibility. Lawyers working<br />

on cases of arrests under the regulations say that the police often round up alleged<br />

suspects in cordon and search operations in conjunction with the military and then<br />

tell lawyers and family members that they must speak <strong>to</strong> the military because the<br />

police have no information about the arrest. 147<br />

According <strong>to</strong> Sri Lankan lawyers and human rights activists, detainees under the<br />

Emergency Regulations are kept in regular prisons as well as police stations and<br />

other detention facilities, including those run by the Terrorism Investigation Division.<br />

The <strong>to</strong>tal number of people detained under Emergency Regulations since 2005 is<br />

unknown. The government has failed <strong>to</strong> provide complete lists of those detained, the<br />

charges they face, and the locations where they are being held.<br />

On March 8, 2006, government defense spokesman Keheliya Rambukwella said that<br />

452 persons were in detention under the Emergency Regulations, among them 15<br />

soldiers, five policemen, one former policeman, and three military deserters. The<br />

ethnic breakdown of the detainees, he said, was 372 Tamils, 61 Sinhalese, and 19<br />

Muslims. 148 The number of detainees is certainly significantly higher now, as these<br />

figures predate the resumption of major hostilities.<br />

On June 18, 2007, <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> asked the government how many people it<br />

had arrested under the Emergency (Miscellaneous Provisions and Powers)<br />

Regulations (EMPPR) since its enactment in August 2005, where they were being<br />

147 <strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> interviews with lawyers, Colombo, February 2007.<br />

148 The figure is mentioned in a report by the International Crisis Group, “Sri Lanka’s <strong>Human</strong> <strong>Rights</strong> Crisis,” June 14, 2007,<br />

http://www.reliefweb.int/rw/RWFiles2007.nsf/FilesByRWDocUnidFilename/DBC51E0313E10AB5852572FA006892C6-<br />

Full_Report.pdf/$File/Full_Report.pdf (accessed July 18, 2007), which cites "Sri Lanka <strong>Human</strong> <strong>Rights</strong> Update," INFORM<br />

and Law and Society Trust, March 15, 2007.<br />

75<br />

<strong>Human</strong> <strong>Rights</strong> <strong>Watch</strong> August 2007

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