A/HRC/34/54/Add.2
19.
The Prevention of Terrorism Act, No. 48 of 1979, was enacted by Parliament under
the Public Security Ordinance of 1947 to deal with “elements or groups of persons or
associations that advocate the use of force or the commission of crime as a means of, or as
an aid in, accomplishing governmental change within Sri Lanka” (preamble). While the Act
was suspended in 2002 in relation to the ceasefire agreement between government forces
and LTTE, its suspension was lifted in 2008 together with the abrogation of the agreement
and it continues to apply to investigations into national security-related offences.
IV. Assessment of the situation
A.
Torture and ill-treatment
20.
During his visit, the Special Rapporteur conducted numerous interviews with both
male and female torture survivors, including former and current detainees, from various
periods during and after the conflict, as well as recent cases (2015-2016). The forensic
expert accompanying the Special Rapporteur conducted medical examinations in a number
of these cases, which confirmed physical injuries consistent with the testimonies received.
He also spoke with relatives of torture survivors.
21.
Following his visit, the Special Rapporteur analysed some 40 additional cases, most
of them recent ones, that were extensively documented with testimonies, photographs and
forensic medical evidence. The physical injuries documented in those cases were also
consistent with the victims’ testimonies.
22.
While the practice of torture is less prevalent today than during the conflict and the
methods used are at times less severe, the Special Rapporteur concludes that a “culture of
torture” persists; physical and mental coercion is used against suspects being interviewed,
by both the Criminal Investigations Department in regular criminal investigations and by
the Terrorism Investigation Division in investigations under the Prevention of Terrorism
Act. In the latter case, a causal link seems to exist between the level of real or perceived
threat to national security and the severity of the physical suffering inflicted by agents of
the Division during detention and interrogation.
1.
Torture and ill-treatment during arrest and detention
23.
Authorities claimed that all arrests, without exception, are made by police officers in
uniform using officially marked vehicles. However, the Special Rapporteur received
credible reports of recent (up to April 2016) “white van abductions” by officers in plain
clothes believed to belong to the Criminal Investigations Department or the Terrorism
Investigation Division. While white van abductions (often leading to enforced
disappearances) were more numerous during the conflict and post-conflict periods, recent
cases have included incommunicado detention of the suspect with the purpose of obtaining
a confession before transfer to official Department or Division facilities.
24.
During his visit, the Special Rapporteur received credible reports that suspects,
particularly detainees under the Prevention of Terrorism Act, are often first detained for
interrogation without being registered during the initial hours, days or sometimes weeks of
investigation and not brought before a judge. This practice facilitates the use of torture and
other ill-treatment and can in itself constitute such treatment.
25.
While severe physical torture seems to be inflicted on detainees mainly during
interrogations for more serious crimes, lesser forms of physical force are also used for
ordinary crimes in all parts of the country. The nature of the acts of torture consists mainly
of transitory physical injuries caused by blunt force (punches, slaps and, occasionally,
6
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