A/HRC/7/3/Add.6 page 8 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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