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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