COI Report March 2012 - UK Border Agency - Home Office

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