UN Special Rapporteurs: 

‘Combatant rehab. not a bar for arrest for new offences’

By Manjula Fernando

Former combatants who have been rehabilitated after their surrender are not automatically immune from investigation for possible new crimes they may commit, theUnited Nations Special Rapporteur on Torture Juan E. Mendez said yesterday, briefing the news media on his visit to Sri Lanka. He was referring to the recent arrest of former LTTE cadres in the North.

Fielding questions at a press conference at the UN Compound in Colombo yesterday Mr. Mendez said the particular instance was “a far cry” from an illegal arrest or disappearance of people, which happened in Sri Lanka in the past.

He added, however, that the way last week’s arrests had been carried out “is very much a matter of concern”. He said any arrest should be conducted without any secrecy and violence or by replicating the so-called white van abductions of the past.

Two UN Special Rapporteurs – Mr. Mendez on Torture, and, Ms. Monica Pinto on the Independence of Judges and Lawyers - held a joint press conference yesterday to wrap up their week long mission in Sri Lanka. They observed that the change of government had opened up a democratic space and the promise of reforms in Sri Lanka but, noted that the legal framework that allowed past serious human rights violations is yet to be replaced.

However, Special Rapporteur Mendez acknowledged that the numbers of torture cases and their severity has diminished since 2009. “Regulation for torture is very inadequate. Both old and new cases continue to be surrounded by total impunity,” he said, adding that the country still had to deal with 16,000 to 22,000 cases of missing persons. The Rapporteurs welcomed the government’s move to replace the Prevention of Terrorism Act (PTA) with three separate laws but said that any substitute legislation must be done after “a robust and transparent national debate”.

While welcoming the positive changes brought in by the 17th amendment to the Constitution, especially the Constitutional Council, Special Rapporteur on Independence of Judges and Lawyers Pinto said the new Constitution-making process had opened up opportunities to formulate regulations to simplify the judicial process to deliver justice in a timely manner.

Both the experts highlighted the need to bring in drastic changes to the legislation on torture, witness protection, detention and criminal prosecution.

The Rapporteurs said they had visited the Boossa TID detention facility, Galle Fort militaty camp, Joint Operational Security Force Headquarters in Vavuniya, Poonthotam rehabilitation centre in Vavuniya and Trincomalee Naval base where it had been claimed that a secret underground detention facility was maintained.

The experts said the underground facility remained sealed and closed due to an on-going investigation. They have also visited the CID and TID interrogation facilities commonly known as the 4th floor and the 6th floor.

The two experts met with the Ministers of Foreign Affairs, Justice, Law & Order, and Women & Children. They had met the Chief Justice, Attorney General and, officials of the Human Rights Commission among others. But meetings with the President or the Prime Minister had not taken place due to logistical constraints.

The Rapporteurs said they had been provided unrestricted access to places they wished to visit and to hold un-supervised meetings with people even inside detention centres.

The two Rapporteurs will submit their individual reports to the UN Human Rights Council within four months. Subsequently, the two reports will be referred to the Sri Lankan government for its observations and later both reports will be published along with the Government responses by the Human Rights Council.