COI Report March 2012 - UK Border Agency - Home Office
COI Report March 2012 - UK Border Agency - Home Office
COI Report March 2012 - UK Border Agency - Home Office
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SRI LANKA 7 MARCH <strong>2012</strong><br />
―Data concerning arrests made during the year under the Emergency Regulations were<br />
fragmentary and unreliable. The government detained an unknown number of<br />
individuals at least temporarily. Observers stated that, although many were released<br />
within two days if no official detention order was produced, others were known to be<br />
detained for much longer. Although in May [2010] the government relaxed a portion of<br />
the Emergency Regulations, including provisions that previously had allowed security<br />
forces wide latitude in conducting searches without judicial warrants, the remaining<br />
portions of the regulations allowed detentions without charges or warrants.‖<br />
10.09 The Danish FFM report of October 2010 198 noted:<br />
―Ms. Kishali Pinto-Jayawardene [who is a human rights lawyer and works as a senior<br />
consultant at the Law & Society Trust] stated that normal criminal procedure is not<br />
ordinarily resorted to Sri Lanka, as the police is using the Emergency Regulations,<br />
which provide the authorities with wide ranging power, not only in connection with<br />
suspects of terrorism but also in connection with common thieves. Ms. Kishali Pinto-<br />
Jayawardene stated that the level of arrests, and in particular arbitrary arrests, in<br />
general has declined for terrorist suspects (Tamils) after the ending of the war.<br />
―Ms. Kishali Pinto-Jayawardene further stated that, in an increasing number of cases,<br />
the police fabricate charges against suspects. This has become part of the judicial<br />
environment and there is little accountability on the part of the police. Ms. Kishali Pinto-<br />
Jayawardene commented that although the Emergency Regulations have been reduced<br />
in certain aspects in May 2010, the police do not act differently. Resorting to abuse<br />
instead of systemic investigation has become part of the normal routine.<br />
―[ICRC informed the delegation that]… persons administratively detained under the<br />
Emergency Regulation or the PTA do not have access to legal counsel, and even for<br />
those who succeed to get a lawyer there is no effective legal remedy (a habeas corpus<br />
[a writ ordering a prisoner to be brought before a judge case may be filed in the higher<br />
courts; however, this legal remedy is not effective since the processing time of the<br />
petition is long).‖<br />
10.10 On 14 April 2011 TamilNet 199 reported that:<br />
―Information smuggled out of the notorious Magazine Prison in Borella, Colombo, reveal<br />
that 58 Tamil prisoners, 44 of them with no charges filed or charged without any viable<br />
court case or witnesses to prove guilt, are being held under the Island's Emergency<br />
Regulations in the prison for more than 12 years.<br />
―The informant told TamilNet, the 44 prisoners are taken to the Colombo High Court<br />
once every 14-days to mark their presence in the jail, but have no legal representation<br />
due to lack of financial resources. ‗Judges are reluctant to take action to release the<br />
inmates due to political compulsion,‘ the informant prisoner said.<br />
198 Human Rights and Security Issues concerning Tamils in Sri Lanka, <strong>Report</strong> from Danish Immigration<br />
Service’s fact-finding mission to Colombo, Sri Lanka 19 June to 3 July 2010, October 2010<br />
http://www.nyidanmark.dk/NR/rdonlyres/899724D8-BEEB-4D9E-B3B2-<br />
F2B28A505CCD/0/fact_finding_report_sri_lanka_2010.pdf date accessed 27 May 2011, p47-48<br />
199 TamilNet, 58 Tamils languish in Magazine prison for more than 12 years, 14 April 2011<br />
http://www.tamilnet.com/art.html?catid=13&artid=33805 date accessed 1 June 2011<br />
90 The main text of this <strong>COI</strong> <strong>Report</strong> contains the most up to date publicly available information as at 3 February <strong>2012</strong>.<br />
Further brief information on recent events and reports has been provided in the Latest News section<br />
to 2 <strong>March</strong> <strong>2012</strong>.