A/HRC/7/3/Add.6
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Other detainees told him that they were kept in a bus outside the facilities during the first visit.
Also, in Mount Lavinia Police Station four detainees were brought away on the morning of the
visit of the Special Rapporteur and were later brought back when he had left. In Bogambara
prison, detainees reported that two prisoners with serious injuries resulting from corporal
punishment they had been subjected to had been transferred to other prisons. The Special
Rapporteur was able to find one of these prisoners later in Welikada prison and could satisfy
himself of the accuracy of the allegations.
12. After having received many allegations of serious human rights violations, among them
torture and ill-treatment, by the TMVP-Karuna group, in particular in the East of the country, the
Special Rapporteur visited an office of the TMVP in Trincomalee. There, a representative told
him that until six months ago the group had indeed taken persons into custody for questioning
for approximately two days. At the time of the visit of the Special Rapporteur the representative
assured that the TMVP was only conducting political activities and did not detain persons
anymore. The representative showed the Special Rapporteur an identity card issued by the
TMVP, which was officially recognized by the police and armed forces. He explained that, in the
case of any problem arising between the authorities and a member of the TMVP, the member
concerned only had to show this identity card to solve the problem.2 In particular, according to
the representative, TMVP personnel were immune from arrest and searches.
B. Context and challenges in the promotion and protection of
human rights: the conflict
13. At the outset, the Special Rapporteur states that he has full appreciation for the challenges
that the Government faces from the violent and long-lasting conflict with the LTTE.
Notwithstanding the difficult security situation the Government is faced with, Sri Lanka in
principle is still able to uphold its democratic values, ensure activities of civil society
organizations and media, and maintain an independent judiciary. At the same time, it remains
true that humanitarian and human rights law absolutely prohibit the use of torture or other forms
of ill-treatment.
14. The LTTE began fighting the Government of Sri Lanka with the aim of establishing an
independent State of Tamil Eelam in the north and east of the country in the late 1970s.
From 1983 on, an intense armed conflict between the separatist group and governmental forces
has taken place. In February 2002, under Norwegian mediation, the Government entered into
2
The Government reported that, in relation to the TMVP representative’s alleged statements,
the Government reiterates that it is not responsible for exaggerated claims by members of
political groups relating to their supposed or assumed status and emphasizes that no persons
carrying arms are accorded special privileges nor granted any special facilities by lawfully
constituted authorities.
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