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Torture, Arbitrary Arrests, Deaths in Custody

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Torture, Arbitrary Arrests, Deaths in Custody FEBRUARY 2021 been told the complaint would be forwarded to the very police SRI LANKA: BRIEFING NOTE 2 unit that they were complaining against. It also ducks the issue of witness protection for victims of torture and sexual violence at ONGOING VIOLATIONS – the hands of State security forces, especially if those victims are Tamils who were connected to the armed conflict. The ITJP has TORTURE, ARBITRARY ARRESTS, noted over time an increasing level of threats, intimidation and DEATHS IN CUSTODY attacks against victims, witnesses, NGOs and justice actors in Sri Lanka. In the absence of a robust system of witness protection to ensure that victims, witnesses and organisations in possession ABDUCTIONS AND TORTURE of information are able to engage with these bodies securely, it is unlikely that information will be shared which puts witnesses at “OHCHR has also continued to receive credible allegations risk, as the consequences may be fatal. Resolution 30/1 sought to through well-known human rights organisations of abductions, address the fact that the current witness protection system in torture and sexual violence by Sri Lankan security forces … Sri Lanka is inadequate. While the adoption of the Assistance to including in the past year…” and Protection of Victims of Crime and Witnesses Act of 2015 establishing a national Victim and Witness Protection Authority OHCHR, 2021 and Division was a progressive step towards establishing such protection, the law has substantial shortcomings that weaken GOVERNMENT DENIAL the Authority, including failing to provide sufficient independence from law enforcement bodies that have been implicated in human Like its predecessors, the current Government of Sri Lanka rights violations and intimidation of witnesses. The Government continues to assert that it has “zero tolerance for torture of Sri Lanka has failed to bring this law in line with international and sexual violence”, as if that alone were enough to prevent standards. violations. This, despite the 2015 UN Investigation into Sri Lanka (OISL) finding that “incidents of sexual violence were not In 2016 and 2017 the UN Committee on Torture (UNCAT) isolated acts but part of a deliberate policy to inflict torture”.1 expressed its concern to the Government of Sri Lanka The Government has disparaged this UN report as a mere over credible reports indicating that the practice of so- narrative of events including desk-reviewed information. This called ‘white van’” abductions of Tamils, unlawful detention, is simply untrue; the OISL investigation consisted of seven torture including sexual violence and rape of men and women UN investigators assisted by three distinguished experts, Mr continued in the years following the end of the armed conflict. Martti Ahtisaari, former President of Finland, Dame Silvia It urged the Government to conduct an investigation using an Cartwright, former High Court Judge of New Zealand, and independent body. 2 Sri Lanka maintains it has been open in its Ms Asma Jahangir, former President of the Human Rights engagement with the Convention on Torture in so far as the Commission of Pakistan, who supported and advised the UN Subcommittee on torture visited the country in 2019. It was investigation. In addition, the investigation was supported by a urged by the Subcommittee to make their confidential report committee of special procedures mandate holders. It had access public, but this has not happened.3 More significantly, Sri Lanka to extensive documentation from a wide variety of sources, has not responded yet to questions raised by the Committee and interviewed victims in multiple locations, met with United Against Torture in 2016.4 Nations officials and staff members, civil society organisations, forensic medical doctors, international NGOs, human rights TORTURE AFTER NOVEMBER 2019 defenders and other professionals and also obtained evidence from multiple governments. UNOSAT provided invaluable Since Gotabaya Rajapaksa came to power in late 2019, at least analysis on satellite imagery. The OISL team conducted extensive 5 cases have been documented abroad of abduction, torture research into patterns and legal analysis, verifying and evaluating and sexual violence of Tamils. This likely represents the tip of all information received, before coming to their conclusions. the iceberg. These men and women were abducted between It is a figment of imagination on the part of the Sri Lankan November 2019 and March 2020; thereafter travel abroad Government to dismiss the OISL report as a desk-top review; was severely disrupted by the Covid-19 virus.5 In one case, the the Government response intentionally undermines the report’s independent medico-legal report corroborates recent torture findings regarding war crimes and crimes against humanity as well and rape and maps 59 cigarette burns on the victim’s body as serious human rights violations and abuses. including her upper thighs and genital area. The victim attempted suicide three times in Sri Lanka and now in the UK has to be Sri Lanka also says it has repeatedly asked for evidence to be locked in her room at night to prevent her accessing kitchen shared confidentially with the Government or the Human Rights knives or tablets to try again. Two of the recent victims had been Commission (HRCSL) so that it can investigate torture and previously detained in Sri Lanka post-war and were ex members sexual violence allegations. This overlooks the fact that many of the Liberation Tigers of Tamil Eelam (LTTE), but the others families have been to the Commission to complain and of late have were too young to have played a role in the war. The victims were either involved in commemoration events6, protests regarding 1 disappearance7 or election campaigning against Gotabaya Organisation Rajapaksa. Ethnically derogatory language was used to disparage them in detention, and they were all sexually violated.8 ITJP (2015-17) detailed statements 76 from victims in 3 countries DECADES OF TORTURE Freedom from Torture12 (2015-18) 33 It is necessary to locate ongoing human rights concerns in medico-legal reports in the UK a broader history of violations. Torture, for example, has a long and sordid history in Sri Lanka. The ITJP produced a Sri OHCHR (2016-18) investigation 29 Lanka torture map that shows more than 200sites used for Interviews outside Sri Lanka torture over the last 50 years9. These include a large number of Sri Lankan schools, colleges and training institutes, as well Others granted asylum in UK regarding 40 as factories, farms, cinemas, stadiums and even a golf course. torture 2015-2019 that are known to the ITJP Among the multiple torture sites used in the late eighties were ironically the Law Faculty of Colombo University, as well as the Total cases found based on credible allegations 178 basement of the State-run Lake House newspaper building. The incidence of reported torture peaked in 2009 at the end of the civil war as the security forces detained tens of thousands of former combatants and civilians and interrogated them IMPUNITY FOR ALLEGED PERPETRATORS using torture and sexual violence to extract information or merely punish their ‘enemy’. The patterns of the violations were A succession of governments in Sri Lanka13 have made it a documented by the OHCHR Investigation into Sri Lanka10 (OISL) practice to reward14 individuals alleged to have been in command report. responsibility of sites notorious for torture. This is one of the reasons why there has been no success in tackling the problem THE PATTERNS OF TORTURE of torture in Sri Lanka, despite years of international training of the Sri Lankan Police and Army. Ironically the Coalition Throughout the last 12 years abduction and torture by the Government15 sent Sisira Mendis16 - the man the UN had named security forces of mainly Tamils suspected of links to the LTTE, as in charge of a notorious torture site - to represent Sri Lanka or involvement in anti-Government activities, have continued, in Geneva at a UN Committee Against Torture meeting; then, following broadly similar patterns. The abductions are in part when this caused controversy, extended his contract and never a lucrative practice for those security officials involved, who answered the Committee’s questions.17 It was also the Coalition solicit ransoms for release and are often involved in the profitable Government that promoted wartime 58 Division commander, process of smuggling the broken victims abroad. Typically, the Shavendra Silva, three times18;in 2020 Shavendra was designated abductions occur in ‘white vans’ by 4-5 plain clothes operatives; by the US Government for gross violations of human rights.19 Sri the detainees are then taken to purpose-built detention sites, Lanka also sent the wartime 57 Division commander Jagath Dias interrogated by a separate team, fingerprinted, photographed, to investigate alleged rape by a Sri Lankan peacekeeper in Haiti20; forced to sign a confession they cannot read, released by he exonerated the soldier without interviewing the victim.21 The another team for ransom money at a quiet spot and often Coalition Government’s diplomatic appointments also included warned to leave the country. The methods of torture are brutal sending the wartime Wanni Security Force Headquarters – beatings, whippings, kicking, branding with hot metal rods, commander, General Jagath Jayasuriya, to Latin America. Since asphyxiation with bags soaked in petrol or chilli, burning with he came to office, President Gotabaya Rajapaksa has appointed a cigarettes, water torture, falaka, sexual violence and gang rape. large number of his inner circle to key positions, including several The perpetrators leave visible scars, indicating a high degree of military figures. He has also made a number of problematic impunity. appointments to the diplomatic service, the police and the intelligence.. A former naval officer who has advocated violence TORTURE 2015-19 towards his opponents was appointed the minister in charge of the Police Force and an Army officer facing credible allegations It was hoped that the Government that came to power in 2015, of human rights violations from his role in the war was appointed promising reform, would ensure that torture stopped.
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