A/HRC/34/54/Add.2
blows with objects such as batons or cricket bats to the head, shoulders, back and legs),
which heal without medical treatment and leave no physical scars. Insults and threats were
also reported.
26.
The Special Rapporteur interviewed current and former suspects detained under the
Prevention of Terrorism Act and received well-documented accounts of extremely brutal
methods of torture, including burns; beatings with sticks or wires on the soles of the feet
(falanga); stress positions, including suspension for hours while handcuffed; asphyxiation
using plastic bags drenched in kerosene and hanging of the person upside down; application
of chili powder to the face and eyes; and sexual torture, including rape and sexual
molestation, and mutilation of the genital area and rubbing of chili paste or onions on the
genital area. In some cases, these practices occurred over a period of days or even weeks,
starting upon arrest and continuing throughout the investigation.
27.
Most torture survivors indicated that the acts of torture ceased after they confessed,
which sometimes included signing blank papers or documents in a language they could not
read. However, in the case of arrests made under the Prevention of Terrorism Act, torture
and ill-treatment often continued after the confession, although they were often less severe
and/or less frequent. In both cases, torture ceased with the transfer from Criminal
Investigations Department or Terrorism Investigation Division detention to a remand
prison.
2.
Threats against national security and terrorism investigations
28.
While the state of emergency was lifted in 2011, the Prevention of Terrorism Act,
together with five regulations that were enacted under it, remains in force and constitutes a
de facto state of emergency suspending fundamental rights and guarantees, including
constitutional and international safeguards against acts of torture or ill-treatment.
29.
A suspect arrested under the Act, with or without a warrant, may be kept in custody
for a maximum of 72 hours before being brought before a magistrate, during which time the
police may transfer the detainee for the purpose of the investigation without judicial
authorization (sect. 7 (1) and (3)). However, if a detention order is issued by the Minister of
Defence, a person may, be detained for up to 18 months with periodic judicial supervision,
without the possibility of challenging its legality (sects. 9 (1) and 10). In such cases,
detainees may “be kept in the custody of any authority, in such place and under such
conditions” as determined by the Minister in the interest of national security or public order
(sect. 15A (1)).
30.
The Prevention of Terrorism Act further allows for any statement made by the
suspect at any time in custody in the presence of a police officer or during an investigation
to be admissible in court, whether or not it amounts to a confession. It places the burden of
proof that such statement was extracted under duress, and therefore inadmissible, on the
accused (sects. 16 and 17).
31.
The Special Rapporteur received credible testimonies that torture and ill-treatment
are inflicted on almost all suspects held under the Prevention of Terrorism Act during
detention by the Criminal Investigations Department and the Terrorism Investigation
Division, as well as sometimes by the armed forces. The Special Rapporteur also observed
that officers of the Department and the Division and members of the armed forces acting as
arresting officers were often in plain clothes and did not identify themselves. Furthermore,
Division offices are sometimes located on military bases and several former detainees
under the Act reported, even in recent cases, being taken to, or next to, a military facility for
interrogation. Most of those detainees also confirmed that they had signed a confession
under duress. This leads the Special Rapporteur to conclude that the use of torture and ill-
7
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