In a letter to the President of the Norwegian Parliament, Kirsti Kolle Grondahl who led a parliamentary delegation to Sri Lanka in March, he says that around 1,650 Tamils are in detention without trial. Many suffer torture in custody. Tamils are arrested at the airport under the Immigrants and Emigrants (Amendment) Act 42 of 1998, which disallows bail, provides for mandatory sentence and removes discretion of courts against the concept of a fair trial.
Some 400 Sri Lankan asylum-seekers may be deported from Norway and over 40 have already been removed. Sources say at least 50 Sri Lankan asylum-seekers have been deported from Germany in the last six months. The UK-based National Coalition of Anti-Deportation Campaigns says asylum-seeker V Balachandran, 39, committed suicide in a German prison on 23 March, before deportation to Sri Lanka.
The German Foreign Ministry claims that the 700 people disappeared in Jaffna in 1996 were LTTE cadre who had infiltrated the peninsula after its capture by the Army. The Ministry further claims that the Sri Lankan authorities implement the Emergency regulations and the Prevention of Terrorism Act in a pragmatic way and regarding torture, have taken steps to improve the situation.
But the US State Department reports that security forces continue to torture and mistreat detainees and the government has not made regulations under torture law to prosecute security personnel. In a March Background Paper, UNHCR, quoting sources, reports on torture, disappearances, extra-judicial executions and mass arrests of Tamils in Colombo.
UNHCR continues its “passive” or indirect monitoring of rejected Sri Lankan asylum-seekers from Switzerland and informally assists Denmark and Netherlands to check on returned refugees. UNHCR also receives information regarding refugee returns from Norway. UNHCR reiterates its view that Sri Lankan asylum-seekers whose claims have been processed through full and fair procedures and found not to fulfil the refugee criteria may be returned safely to Sri Lanka. This, UNHCR adds, does not obviate other reasons for non-return such as is contemplated under the UN Convention on Torture.