- 63 141. The Government of Sri Lanka further informed the Committee that according to the policy of the Ministry of Defence only authorized personnel of the police and the security forces should participate in the arrest, detention and interview of suspects. No other persons or members of groups should under any circumstances be involved in the conduct of such law enforcement activity. The Ministry of Defence closely monitors the directive proscribing the participation of members of ex-militant groups in de facto law enforcement efforts. Members of ex-militant groups have been totally debarred from effecting any arrests or detention of persons. Recommendation (b) 142. According to the Government, all police officers are legally entitled and empowered to conduct criminal investigations into offences recognized in the Prevention of Terrorism Act and the Emergency Regulations. Given the prevailing situation, it would be contrary to the interests of the country and its security to confer the powers under the Prevention of Terrorism Act and the Emergency Regulations solely upon a particular specialized agency of the police. The possible overlapping of jurisdictions has been acknowledged by the Government. 143. The Government reply provides an explanation with regard to the arrest and detention of suspects under the Prevention of Terrorism Act and the Emergency Regulations. 144. Any duly authorized police officer may, in accordance with the law, effect the arrest of a suspect under the relevant provisions of the Prevention of Terrorism Act or the Emergency Regulations. Detention shall be at the police station to which the police officer in question is attached. If the suspect is arrested in the area of his domicile, he would be detained at the police station of that area. However, since the Terrorism Investigation Division (TID) has jurisdiction to conduct anti-terrorism investigations in any part of the country, if the arrest is effected by a police officer attached to the TID the suspect shall be detained at the detention facilities of the TID in Colombo. 145. Following an arrest by a police officer, if the officer in charge of the police station concludes that an investigation needs to be conducted and continued detention is required, he/she shall bring such matter to the attention of the officer in charge of the relevant police division and cause the transfer of investigation or detention to the TID or the Counter-Subversive Unit (CSU). Except for exceptional circumstances, a suspect arrested and detained under the provisions of the Prevention of Terrorism Act or the Emergency Regulations shall not be detained at a police station for more than 72 hours. 146. If the suspect has been arrested under the provisions of the Prevention of Terrorism Act or the Emergency Regulations by a police officer attached to the CSU, unless transferred to the TID the suspect shall be detained until produced before a magistrate at the relevant CSU. 147. In cases where the Criminal Investigation Department (CID) is authorized to commence and conduct a particular investigation relating to an offence under the Prevention of Terrorism Act or Emergency Regulations, the suspect shall be detained in the detention facilities of the CID until produced before a magistrate.

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