E/CN.4/1995/34
page 129
application had been made, he was reportedly taken to Crime Detection Bureau
(CDB) headquarters. An assistant superintendent, together with a Tamil
interpreter, prepared a statement containing admissions of LTTE involvement
and told Mr. Sivaganesh that he would be released if he signed the statement.
After he refused to sign, he was taken to another room, where he was allegedly
punched in the ears, back and arms, and beaten with a wooden stick. He
reportedly signed the statement following the abuse. He was said to suffer
from hearing problems and abdominal pain as a result of the beatings. He was
being held in Colombo remand prison. The court of appeal ordered the Attorney
General to make a report on the case by 8 March 1994.
675. According to the Government, Somasunderam Sivaganesh made no complaint of
assault to the magistrate when he was produced in the magistrate’s court of
Colombo on 7 January 1994, nor did he make such a complaint to the High Court
Judge upon pleading guilty.
Information provided by the Government in connection with allegations included
in previous reports
676. On 23 December 1993 the Government transmitted information of a general
nature regarding torture in the country. The Government noted that in its
efforts to curb the activities of terrorist organizations, there had arisen
allegations of excesses on the part of the security forces leading to the
violation of human rights. Such excesses were not the outcome of a deliberate
policy of the Government, but isolated acts carried out by some individuals.
When such allegations were made, investigations were carried out and
disciplinary action was taken against offenders. Victims of such violations
could seek redress through the Supreme Court, as torture or cruel, inhuman or
degrading treatment was prohibited under the Constitution of Sri Lanka. By
these means victims could seek compensation. Contrary to the allegations
contained in the letter of the Special Rapporteur of 3 November 1993, there
were in fact instances where the Supreme Court had inquired into allegations
of violations of fundamental rights by individual members of the armed forces
and police and had awarded compensation to the victims.
677. The Government further informed the Special Rapporteur that all detainees
were accessible to the ICRC and the HRTF, an independent body established by
the Government to look after the welfare of detainees. The Government also
informed the Special Rapporteur that in December 1993 Sri Lanka had become a
party to the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment.
678. On 1 November 1994 the Government replied with respect to two cases
transmitted on 3 November 1993. In the case Sinnathurai Mohan, who had
allegedly been ill-treated in the custody of the navy and army as well as at
Kalutara prison, he had been treated on about 10 occasions for various
ailments at the prison hospital at Kalutara, but had not made any complaints
of assault to the medical officer. With respect to Packinyanathan Anton, who
was allegedly tortured in the custody of the navy and at Palaly prison, the
allegations were also baseless.
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