Facilitating abuse

FOLLOWING the new Emergency regulations of 3 May, Amnesty International has expressed concern in a July report titled Sri Lanka: New Emergency Regulations, that the Sri Lankan authorities have reduced the limited safeguards against the abuse of detainees contained in the previous regulations. The continued applicability of the 1997 Presidential Directives, which required issue of arrest receipts and report to the Human Rights Commission (HRC) within 48 hours of arrest, is unclear. The changes in regulations in May further erode protection against human rights abuses and facilitate disappearances and violations of non-derogable rights such as the right to life and the right not to be tortured.

Previously, persons suspected of having committed an offence and arrested under Emergency regulation 18 could be held for 60 days for investigation in the north-east and up to 21 days in the rest of the country. Now, prisoners island-wide can be held for up to 90 days in police custody without charge, but a court can extend detention for a further six months on a police application which the judge has no discretion to refuse. As regulation 18 provides for arrest by 'any person authorized by the President', the possibility arises of untrained unidentifiable people making arrests and acting outside the normal chains of command and accountability.

According to Amnesty, the notorious provision which allowed security forces to dispose of dead bodies in secret was in force from 3 May up to 6 May when the government announced that the provision had been rescinded. On 3 May, Thangiah Sivapooranam, 45, of Wattala was taken away by people who identified themselves as officers of the Criminal Investigation Department. His body was found the following day at Kadawatte, with three other bodies.


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