A/HRC/7/3/Add.6
page 6
6.
The Special Rapporteur shared his preliminary findings with the Government at the close
of his mission, to which the Government responded with constructive comments. He is pleased
to report that the Government at that time already indicated that it will appoint a high-level task
force to study his recommendations, consisting of public sector stakeholders and members
representing judicial and civil society sectors. On 16 January 2008, a preliminary version of this
report was sent to the Government. On 20 February, the Government provided comments.
7.
The Special Rapporteur wishes to acknowledge with appreciation the excellent support
provided by the United Nations Resident Coordinator, Neil Buhne, and his staff in the
United Nations country team; the Office of the High Commissioner for Human Rights
(OHCHR); Dr. Derrick Pounder, University of Dundee, United Kingdom; and Julia Kozma and
Isabelle Tschan of the Ludwig Boltzmann Institute of Human Rights.
A. Particular circumstances of fact-finding in Sri Lanka
8.
It was the intention of the Special Rapporteur to assess the situation of torture and
ill-treatment in the entire territory of the country, and to examine not only torture and
ill-treatment allegedly committed by the police and other security forces of the Government of
Sri Lanka, but also those allegedly committed by or on behalf of other parties to the present
conflict, including the LTTE. Indeed the most serious allegations of human rights violations that
come to light, including those related to torture and ill-treatment, are in relation to the conflict
and are alleged to be committed by both government and non-State forces, including the LTTE
and the TMVP-Karuna group.
9.
The Special Rapporteur established contact with the LTTE in preparation of the
mission and was in fact provided with an invitation to all areas under LTTE control. From the
very start of preparations, the Government was supportive of the Special Rapporteur’s objective
to probe allegations of torture and ill-treatment attributed to the LTTE. However, prior to the
commencement of the visit, the Government denied him permission to travel to LTTE-controlled
areas on the basis that the Special Rapporteur’s visit there would be used by the LTTE for
purposes of propaganda. Thus, the Special Rapporteur was not able to speak to detainees under
the direct control of the LTTE and can therefore not draw any conclusions of the situation
regarding torture and ill-treatment in these areas.
10. The Special Rapporteur also requested the Government to provide him with a letter of
authorization for detention facilities of the Ministry of Defense. The Government, however,
maintained the position before and throughout the mission that the Sri Lankan armed forces no
longer had the authority to detain persons but were obliged to immediately hand over any
arrested person to the police. As a consequence, the Special Rapporteur was not provided with a
letter of authorization to visit any facilities of the armed forces. The primary focus of the
findings of the Special Rapporteur therefore relate to torture, ill-treatment and conditions of
detention in the ordinary context of the criminal justice system as well as to the treatment of
suspected members of the LTTE held by the Sri Lankan civilian authorities (police and prison
administration), including persons held under the Emergency Regulations.
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