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page 128
special operational unit under the Director of Military Intelligence which
reported to the army commander and which had links with the National
Intelligence Bureau (NIB). This unit was reported to be using a private house
near a railway line at Vanawasala, near Ragama, north of Colombo.
669. The secret detentions were said to be carried out in contravention of
Emergency Regulation (ER) 19(8), which makes it a criminal offence to detain a
person in an unauthorized place of detention. The Secretary of Defence had
recently published in Gazette No. 343 authorized places of detention. In
addition, under ER 18(1), the army is required to hand over a suspect in the
south of the country to the nearest police station within 24 hours of arrest.
ER 18 also requires authorities to report arrests "forthwith" to the Human
Rights Task Force (HRTF), a body entrusted to monitor the observance of
fundamental rights of detainees.
670. On 2 November 1994 the Government responded by denying that there were
secret locations at which detainees were held by military intelligence or
the NIB.
671. The Special Rapporteur transmitted to the Government the case of
Arulappu Jude Arulajah, who was reportedly arrested on 2 October 1993 in
Bambalapitiya by armed men in civilian dress and was blindfolded, handcuffed,
and driven to the army camp off Galle Road referred to above. At the camp he
was allegedly kicked and beaten with fists, wooden clubs and pipes used in
construction work. He was also allegedly stripped naked while his hands were
attached to chains on his legs, a wooden pole was suspended between two tables
and he was hung with the backs of his knees over the pole. In this position
his genitalia were cut, possibly with a hacksaw. During his detention at this
locale he was allegedly kept blindfolded with his hands and feet chained in a
darkened room, usually naked. On 10 December he was transferred to Panagoda
Army Camp, which reportedly did not appear on the list of authorized places of
detention in the June 1993 gazette. On 15 December 1993 he was transferred to
the Criminal Investigation Department (CID) of Colombo police headquarters.
The court of appeal was said to have ordered a medical examination pursuant to
a habeas corpus petition, the result of which was unknown.
672. The Government replied that Arulappu Jude Arulajah had been examined by
a physician, on order of the court of appeal and that the medical report did
not reveal an injury, old or new, in the region of his genitals. The habeas
corpus application was withdrawn on 16 March 1994, as by then he had been
released. The Panagoda army camp was in fact an authorized place of detention
under the Emergency Regulations, having been so ordered on 1 October 1993 and
published in the Gazette Extraordinary No. 806/6 of 15 February 1994.
673. The Special Rapporteur also advised the Government that he had received
reports indicating that ill-treatment and torture were used against Tamil
detainees at police stations in order to get persons to confess to involvement
with the LTTE. The reports described incidents of beatings at police stations
of prisoners in their cells, inflicted randomly or for alleged minor
infractions of the rules.
674. In one case, Somasunderam Sivaganesh was arrested on 15 October and later
remanded to Colombo remand prison. On 5 January 1994, after a habeas corpus
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