The guidelines say that arrests should be made only if evidence is available against the arrested person, who must be informed of the reasons for the arrest. Relatives should receive brief written reasons and informed of the place of detention.
After observing long queues of Tamils outside police stations in Colombo, the CIUAD urged expeditious disposal of applications for police registration. Despite the request, the new Inspector General of Police, Lucky Kodituwakku introduced a procedure on 22 September which requires the submission of three photographs of the applicant and the Grama Sevaka’s (Village Headman) certificate, to obtain a police registration application form. Observers point out that CIUAD’s guidelines are already contained in the Presidential Directives under Emergency regulations and have rarely been followed.
Sri Lankan human rights agency INFORM says that harassment of Tamils in Colombo was notified to CIUAD on several occasions in September. The CIUAD received 114 complaints upto 22 September. According to one complaint, a young woman, arrested on 2 September, was tortured in custody. Her eyesight has been impaired after her head was smashed against a wall.
Arbitrary round-ups of Tamils in many parts of Sri Lanka continue. The ICJ’s Geneva-based Centre for the Independence of Judges and Lawyers (CIJL), says in a report titled Judicial independence in Sri Lanka, that preventive detention under Emergency regulations is a draconian power and a greater degree of judicial control is needed than is provided by Emergency regulations, in accordance with the UN Basic Principles on the Independence of the Judiciary.
CIJL has recommended that all Emergency regulations should be laid before Parliament for approval and, except in extreme situations, should not come into effect until so approved. Currently, Emergency regulations come into force as soon as made by the President and Parliamentary sanction is not required.
Many cases under Emergency regulations and the Prevention of Terrorism Act (PTA) have been filed on the basis of confessions made in police detention. CIJL says confessions to police officers are suspect because of widespread use of torture. Admissibility of confessions encourages the use of torture and that confessions obtained in police custody cannot be regarded as reliable.
CIJL further says that between 1983 and the present day, the security forces in Sri Lanka, including armed forces, the police and local militia units armed by the government, have been responsible for thousands of murders and disappearances, the vast majority of the latter involving deliberate killings.
In relation to impunity the CIJL says: “Changes in procedure to cut the number of killings are not enough. We draw attention to the United Nations Declaration on the Protection of All Persons from Enforced Disappearance, which requires States to bring to justice all persons responsible for forced disappearances. A culture of impunity has developed, with perpetrators of grave violations being convicted of minor offences or, in most cases, not at all”.
Despite these concerns, Western nations continue to deport Sri Lankan asylum-seekers. French authorities returned seven refugees to Colombo on 11 September. The German Foreign Ministry says that the Sri Lankan security forces apprehend only those whose names appear on a list of LTTE suspects. The statement has no credence in the light of many reports of bribes demanded by police for release of arrested persons.
In twelve case studies, the Amsterdam-based Sri Lanka Working Group Netherlands (SLWN) found that eight deportees from Western nations in 1997 and 1998 were arrested by police in lodges or upon arrival in Colombo. In all cases, having friends with money has been a decisive factor in determining whether or not a person is released. Money is necessary for payment of lawyers, bail or bribes says SLWN.
The deportees are unaware of the reasons for arrest. The fact that a Tamil lived in a foreign country, leads to suspicion of support to the LTTE. SLWN points out that the risk has increased in the light of government campaign to end Tiger funding abroad and Emergency regulations introduced in January making contribution to or collection of funds for the LTTE, an offence punishable by seven to twelve years imprisonment.
SLWN further says deportees choose to leave Colombo after a short stay, for the war zone or LTTE areas because of the continuous risk of arrest, extreme difficulty in finding work or shelter and other means of survival. In addition Tamils who come from foreign countries are regularly intimidated by the police and told to return to the north-east.
Danish citizen T Kalairajah who arrived in the island on 20 September was arrested at Colombo airport. In August, Denmark signed an agreement with Sri Lanka for the return of rejected asylum-seekers.