CCPR/C/118/D/2412/2014
obstructed the proceedings. In that connection, the author asserts that he would also have
been unsuccessful had he filed a fundamental rights application against the State and/or
particular State officials, owing to the politicization of the Attorney General’s office. The
author claims that he would not have been permitted to bring an application for judicial
review of the Emergency Regulations in light of Public Security Ordinance 1947 and
regulation 19 (10) of the Emergency Regulations 2005 to the Supreme Court since
regulation 19 (10) states that any administrative detention order made under the Emergency
Regulations “shall not be called in question in any court on any ground whatsoever”.
2.17 Upon release from detention, the author felt that there was no reasonable prospect of
success in attempting to overturn his conviction after experiencing the unfair practices of
the legal system. 6 In that connection, he submits that several cases similar to his were
brought before the Sri Lankan courts and were unsuccessful. He points out that the
shortcomings in the criminal proceedings, such as undue delays in the investigation of
human rights violations, has profoundly affected the fairness of the criminal justice system. 7
He also feared for his and his family’s safety. His fear of reprisal was based on the acts of
torture and threats that he had experienced during his detention, as well as the reaction of
the authorities after he reported his story to a newspaper in Canada. In addition, the author
claims that it would be too dangerous for him to return to Sri Lanka in pursuit of any
domestic remedies. Despite increased allegations of widespread torture, ill-treatment and
disappearances at the hands of law enforcement officials, impunity concerning human
rights violations has over the years become institutionalized and systematized in Sri Lanka. 8
In that context, the judiciary lacks independence, leaving victims, in particular persons of
Tamil origin, with little or no prospect of remedies or reparations for serious human rights
violations. 9 Although there are some judicial rulings, successful prosecutions and other
positive results, which have favoured victims in Sri Lanka, it is well documented that the
success stories are few and far between and remain exceptions to the general trend of
impunity that exists in the country. Against that background, any effort by the author to
pursue remedies in Sri Lanka would be futile.
The complaint
3.1
The author claims that the State party violated his rights as set forth in articles 7, 9,
10 and 14 of the Covenant.
3.2
As background information, the author submits that in the context of the armed
conflict between the Sri Lankan security forces and LTTE, since 2005 the authorities have
increased military and police operations, in which Tamils have frequently been victims of
arbitrary arrests, extrajudicial executions, enforced disappearances and torture. Reports
indicate that war crimes and crimes against humanity were committed, particularly during
the final stages of the armed conflict from February to May 2009.10 During those years,
6
7
8
9
10
6
The author refers to communications No. 1293/2004, de Dios Prieto v. Spain, decision of
inadmissibility adopted on 25 July 2006, para. 6.3, and No. 1313/2004, Castaño López v. Spain,
decision of inadmissibility adopted on 25 July 2006, para. 6.3.
The author refers to the report of the Panel of Experts on accountability in Sri Lanka, pp. ii-iii and
para. 320.
Ibid., pp. 100-101.
The author refers to “Authority without accountability: the crisis of impunity in Sri Lanka”, pp. 12, 39,
55, 72, 111 and 166-67; International Crisis Group, “Sri Lanka’s judiciary: politicised courts,
compromised rights”, Asia report No. 172 (30 June 2009) p. 8; and International Bar Association,
“Justice in retreat: a report on the independence of the legal profession and the rule of law in Sri
Lanka” (May 2009).
The author refers to the report of the Panel of Experts on Accountability in Sri Lanka pp. ii-iii and 6669; Immigration and Refugee Board of Canada, Sri Lanka: Treatment of Tamils in Colombo by
Members of the Armed Forces and Police (2005-2006) (11 December 2006); and Human Rights