State failure

THE Hong Kong-based Asian Human Rights Commission (AHRC) accused the Sri Lankan government in April of failing to take adequate measures on disappearances and has called for the appointment of an international tribunal. The government has failed to repeal or amend the Prevention of Terrorism Act (PTA) as recommended by the UN Human Rights Committee. The powers granted to security forces under the PTA and Emergency regulations vastly contribute to disappearances. The government has also refused to properly investigate disappearances that took place after it came to power in 1994. Government employee and Amparai resident Kandiah Yoganayagam was arrested by police Special Task Force (STF) in June 1990. But later the STF denied his arrest. Following a fundamental rights application, the Supreme Court awarded Rs 100,000 ($1,130) in January 2001 and the Army paid the money to his parents on 5 April. The Vavuniya court ordered security forces in early April to submit explanations, following complaints that many detainees had suffered torture in custody. It is alleged that T Sathan of Marambaikulam, arrested on 5 March, had been tortured by police. Four people released by Vavuniya court in early April allege that they were hung by the legs and attacked with batons. Their heads were covered with plastic bags dipped in petrol and their bodies were cut with blades. Batticaloa resident S Thavarasa, arrested in December 1999, suffered severe torture at the STF camp in Karaitivu. He was cut with sharp instruments and burned with cigarettes. Chilli powder was applied to his body and an iron rod was inserted into his rectum. His pregnant wife who came to see him was thrown into a cell and beaten by an officer. As a result of the attack she suffered miscarriage.

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