A/HRC/34/54/Add.2
3.
Rehabilitation of detainees under the Prevention of Terrorism Act
38.
In lieu of prosecution, some detainees under the Prevention of Terrorism Act are
sent for “rehabilitation”, often after having spent several years in remand detention.
Rehabilitation is supposedly voluntary, but there appears to be an arbitrary selection
process for entering the programme. Only 1 out of 24 rehabilitation facilities established by
the Government shortly after the end of the conflict remains in operation, namely
Poonthotam rehabilitation centre in Vavuniya. The programme comprises six months of
rehabilitation and six months of re-education, which can be extended to up to 15 months.
Upon completion, the individual is deemed “rehabilitated” and released.
39.
During his visit, the Special Rapporteur was informed that 12,146 persons had been
released after completing rehabilitation since 2010. Forty persons (39 male, 1 female) were
still held at Poonthotam, some of whom had been deprived of their liberty since 2009 and
were due to be released.
40.
The Special Rapporteur is concerned that rehabilitated persons continue to be kept
under surveillance by government agents years after their release, and are frequently
harassed and threatened. They are often still forced to report to a police station or military
post at regular intervals, where they are frequently threatened and ill-treated and, in some
instances, arbitrarily detained and subjected to torture, including sexual torture. Harassment
sometimes extends to civil society organizations that provide counselling and other services
to rehabilitated persons.
41.
While rehabilitated persons should not be immune from investigation of possible
new crimes, authorities must clearly disclose the grounds for renewed detention. Recent
arrests of rehabilitated persons have raised fear and distrust between communities.
4.
Surveillance and intimidation
42.
Owing to the heavy militarization that still exists in the North and East of the
country, surveillance continues to be used as a tool of control and intimidation. In addition
to rehabilitated persons, many former detainees under the Prevention of Terrorism Act and
their families, anyone deemed to have had any link to LTTE during the conflict and
political and human rights activists remain subject to extensive surveillance and
intimidation by the military, intelligence and police forces. While the extent and level of
this practice have dropped compared to the early post-conflict period, systematic
surveillance and intimidation continues, sometimes constituting ill-treatment.
5.
Sexual and gender-based violence
43.
The Special Rapporteur received credible testimonies from men, women and
juveniles of torture of a sexual nature in custody, many of them supported by medical
forensic evaluations. These abuses are not investigated or prosecuted, and may remain
underreported owing to stigma. An example of a tragic testimony received by the Special
Rapporteur was that of a young woman who spoke credibly of having spent 3 1/2 years in
sexual slavery at various military camps.
6.
Violence against women
44.
The Special Rapporteur was informed that women’s and children’s desks have been
established in most police stations, staffed by female officers. This is a welcome initiative,
but statistics on their impact are lacking.
45.
The Ministry of Women and Child Affairs was at the time of the visit leading the
process of developing a national action plan to address gender-based violence.
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