SRI LANKA 2012 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Sri Lanka is a constitutional, multiparty republic. President Mahinda Rajapaksa, who was reelected to a second six-year term in January 2010, and the parliament, which was elected in April 2010, share constitutional power. The government is dominated by the president’s family; two of the president’s brothers hold key executive branch posts as defense secretary and minister of economic development, while a third brother is the speaker of parliament. A large number of other relatives, including the president’s son, also serve in important political or diplomatic positions. Independent observers generally characterized the presidential, parliamentary, and local elections as problematic. Elections were fraught with violations of the election law by all major parties and were influenced by the governing coalition’s use of state resources. Civilian authorities maintained effective control over the security forces. The major human rights problems were attacks on and harassment of civil society activists, persons viewed as Liberation Tigers of Tamil Eelam (LTTE) sympathizers, and journalists by persons allegedly tied to the government, creating an environment of fear and self-censorship; involuntary disappearances as well as a lack of accountability for thousands who disappeared in previous years; and widespread impunity for a broad range of human rights abuses, particularly involving police torture, and attacks on media institutions and the judiciary. Other serious human rights problems included unlawful killings by security forces and government-allied paramilitary groups, often in predominantly Tamil areas; torture and abuse of detainees by police and security forces; poor prison conditions; and arbitrary arrest and detention by authorities. Lengthy pretrial detention was a problem. Denial of fair public trial remained a problem, and during the year there were coordinated moves by the government to undermine the independence of the judiciary. The government infringed on citizens’ privacy rights. There were restrictions on freedom of speech, press, assembly, association, and movement. While citizens generally were able to travel almost anywhere in the island, there continued to be police and military checkpoints in the north, and de facto high-security zones and other areas remained off limits to citizens. Authorities harassed journalists critical of the government and self-censorship was widespread. The president exercised authority under the 18th amendment to maintain control of appointments to previously independent public institutions that oversee the judiciary, police, and human rights. Lack of government transparency SRI LANKA 2 was a serious problem. Violence and discrimination against women were problems, as were abuse of children and trafficking in persons. Discrimination against persons with disabilities and against the ethnic Tamil minority continued, and a disproportionate number of victims of human rights violations were Tamils. Discrimination against persons based on their sexual orientation and against persons with HIV/AIDS were problems. Limits on workers’ rights and child labor remained problems. The government prosecuted a very small number of officials implicated in human rights abuses but had yet to hold anyone accountable for alleged violations of international humanitarian law and international human rights law that occurred during the conflict that ended in 2009. During the year unknown actors suspected of association with progovernment paramilitary groups committed killings, kidnappings, assaults, and intimidation of civilians. There were persistent reports of close, ground-level ties between paramilitary groups and government security forces. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary or Unlawful Deprivation of Life There were reports that the government, its agents, or its paramilitary allies committed arbitrary or unlawful killings, but reliable statistics on such killings were difficult to obtain, because past complainants were killed and some families feared reprisals if they filed complaints. Among these arbitrary or unlawful killings, there were reports of suspects detained by police or other security forces who died under questionable circumstances. For example, on April 15, police arrested Chandraisiri Dassanayake, a main witness in a human rights violation case against the Wadduwa Police, for possession of marijuana. He later died in a cell in the Wadduwa police station. In response, the inspector general of police transferred several officers from the Wadduwa station, including the officer in charge, to other police stations. While the overall number of extrajudicial killings appeared to decrease from previous years, killings and assaults on civilians by government officials was a problem. For example, on February 29, Waligapola ruling party local councilor Sabha Wasantha fatally beat Amila Pradeep Kumar. On March 12, Wasantha surrendered to the Rathnapura police. The case continued at year’s end. Country Reports on Human Rights Practices for 2012 United States Department of State • Bureau of Democracy, Human Rights and Labor SRI LANKA 3 In December 2011 chairman of Tangalle village council Sampath Chandra Pushpa Vidanapathirana and several in his group killed UK citizen and International Committee of the Red Cross (ICRC) worker Khuram Shaikh Zaman while he was on holiday at a resort in Tangalle. Zaman’s companion, a Russian national, was beaten, stabbed, and raped. She was transported to a local hospital in critical condition. Chandra Pushpa Vidanapathirana killed an elderly woman in Thalunna in the period preceding the 2010 presidential elections and was released on grounds that police found him mentally ill. He was released on bail and on July 29 was reinstated into the governing party. While some killings were criminal acts, others appeared to be politically motivated, targeting persons believed to be critical of the government. For example, on June 15, a group of men killed two supporters of the opposition party Janatha Vimukthi Peramuna (JVP) at a campaign meeting in Katuwana. The group of men opened fire on the meeting, killing Edirimannage Malani and Nimantha Heshan and injuring more than a dozen others. Eyewitnesses identified some of the gunmen, including Geeganage Amarasiri, an alleged underworld figure with ties to the local government. On June 19, Amarasiri surrendered to the Tangalla High Court, which released Amarasiri on bail. Amarasiri remained in remand, and his case continued at the end of the year. Although the number of killings associated with progovernment paramilitary groups declined from previous years, there were persistent reports that the Eelam People’s Democratic Party (EPDP), led by Minister of Social Services and Social Welfare Douglas Devananda, engaged in intimidation, extortion, corruption, and violence against civilians in Jaffna. For example, on March 4, EPDP member Kanthasuwamy Jagadeswaran sexually abused and killed 13-year-old Jesudasan Lakshini. On March 16, the Kayts Magistrate Court remanded Jagadeswaran to Jaffna Prison. On March 14, police arrested ruling Sri Lanka Freedom Party (SLFP) local government member L. H. Dharamasiri for the rape and murder in February of Nayana Nilimini and her daughter Kavindya. Authorities removed Dharamasiri from his position as secretary to the minister of state administration and home affairs for his involvement. Dharmasiri remained in remand at year’s end. Unknown actors suspected of association with progovernment paramilitary groups committed killings and assaulted civilians. There were persistent reports of close ties between progovernment paramilitary groups such as the Eelam People’s Country Reports on Human Rights Practices for 2012 United States Department of State • Bureau of Democracy, Human Rights and Labor SRI LANKA 4 Democratic Party (EPDP) and government security forces. Whereas these groups served more of a military function during the war, often working in coordination with security forces, they increasingly took on the characteristics of criminal gangs as they sought to solidify their territory and revenue sources in the postwar environment. Britain’s Channel 4 broadcast a report in 2009 on events at the end of the civil war, followed by a more extensive documentary made available on the Internet June 2011 entitled “Sri Lanka’s Killing Fields,” which purported to show graphic evidence of army forces committing human rights violations, including footage of extrajudicial executions. Controversy subsequently arose over the authenticity of the video. On January 2, Army Commander Jayasuriya appointed a five-member “initial fact-finding inquiry” named the Court of Inquiry (COI) to inquire into observations made by the Lessons Learned and Reconciliation Commission (LLRC) on civilian casualties in the final stages of the war. The COI also would probe the Channel 4 video footage. The government’s National Action Plan to Implement the Recommendations of the Lessons Learnt and Reconciliation Commission, released July 26, assigned the Ministry of Defense and Presidential Secretariat a time frame of six months to examine the authenticity of the allegations in the Channel 4 video and take follow-up action as appropriate. On November 1, the former attorney general and legal advisor to the Cabinet of Ministers, Mohan Peiris, told the UNHRC in Geneva during Sri Lanka’s Universal Periodic Review (UPR) that the army COI