TITLE: SRI LANKA HUMAN RIGHTS PRACTICES, 1994 AUTHOR: U.S. DEPARTMENT OF STAT DATE: FEBRUARY 1995 SRI LANKA Sri Lanka is a constitutional republic with an active multiparty system. In generally free and fair elections in August, the People's Alliance (PA) coalition ended 17 years of control of Parliament by the United National Party (UNP), and Chandrika Kumaratunga, the daughter of two former prime ministers, became Prime Minister. A conflict between the Government and the Liberation Tigers of Tamil Eelam (LTTE), an organization fighting for a separate state for the country's Tamil minority, continued into its eleventh year. However, the new Government initiated a dialogue with the LTTE, the first since 1990. The Government controls all the security forces. The 50,000 member police force is responsible for internal security in most areas of the country, and the 80,000 member army conducts the war against the LTTE insurgents. The Home Guards, a paramilitary force of some 1,000 members, provides security for Muslim and Sinhalese communities in or near the war zone. The Government also equips various Tamil militias opposed to the LTTE. The security forces committed significantly fewer human rights abuses in 1994, although some human rights violations still occurred. The economy is based on the export of tea, textiles, and rubber. Despite a costly social welfare system and a large fiscal deficit, the economy grew by 6.9 percent in 1993, due in part to continued economic reform, the continued privatization of government corporations, and increased foreign trade. The Government took important steps to improve its human rights practices. However, torture remains a serious abuse and is practiced by both government and LTTE forces. Both sides used excessive force in their ongoing conflict. Many abuses were reported in LTTE-controlled areas, but there is little information available to verify them. Discrimination and violence against women and child prostitution continue to be problems. In positive developments, political and extrajudicial killings and disappearances virtually ended in government-controlled areas. Three regional commissions were established to investigate disappearances. The Government began to prosecute current and past violators of human rights. The overall human rights performance of the military and the police improved significantly. The new Government lifted the Emergency Regulations in most parts of the island, a move that reestablished the authority of the judiciary and the right of individuals to a fair, public trial. In accordance with a commitment made to the United Nations Human Rights Commission (UNHRC), the Government eliminated restrictions on the freedoms of speech, press, and association in the Emergency Regulations remaining in force. Eighty percent of those held in long-term security force detention were released during the course of the year. The Prevention of Terrorism Act (PTA), which gives security forces wide powers of preventive and incommunicado detention, remained in effect though little used. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing There were no known extrajudicial killings committed by the security forces or groups allied with the Government. For the second year there were no reprisal massacres against Tamil civilians by the security forces. For the third consecutive year, there were no known killings by vigilante groups. However, there were 10 suspicious deaths, mostly involving detainees acting as informants for security forces who died during operational missions against the LTTE. There was insufficient information to determine responsibility for these deaths. At least 25 people were killed preceding the parliamentary elections in August. The violence was apparently caused by individuals and did not appear to be an organized attempt by poltical parties to intimidate voters. The Government has prosecuted the alleged perpetrators. Among those arrested and charged for murder was a deputy minister in the new Government. During the presidential election campaign, a suicide bomber killed the United National Party's candidate Gamini Dissanayake and 58 other people. The LTTE was the primary suspect in the bombing; however, at year's end, the Government's investigating team had not assigned blame. Eight other persons were killed in incidents preceding the presidential election in November. The new Government sought to bring to justice the perpetrators of extrajudicial killings from previous years. It prosecuted suspects in several extrajudicial killings and brought charges against several members of the security forces and its own political supporters. Reversing a much-criticized action taken in 1993, the new Government relocated the Mailanthani trial, in which 21 soldiers were accused of massacring 35 Tamil civilians in 1992, to Batticaloa, a Tamil majority town. It formally indicted the soldiers and scheduled their trials for 1995. Government forensic experts resumed their investigation of a mass grave at Sooriyakanda, containing an estimated 300 bodies. The Government also started to investigate newly discovered graves, including one at Ankumbura which may contain the bodies of 36 persons killed by the police in 1989. In October the Government indicted 4 police officers for the 1990 murders of 12 civilians in Wavulkelle; the trial is scheduled for 1995. The Government also took legal action against several army personnel who attacked 80 villagers, killing one, in March in Batticaloa district. The new Government lifted the Emergency Regulations from most of the country, a move that made the concealment of extrajudicial killings and disappearances by government forces more difficult. However, the Regulations remained in force in areas directly affected by the insurgency. In these areas, the Government revised the Regulations to require security forces to report the deaths of detainees to a magistrate, who in turn who is required to order a post mortem. The LTTE continued to commit extrajudicial killings. LTTE cadres killed a candidate in local government elections in the Eastern Province and also killed several suspected government informants. In March, LTTE guerillas abducted and killed 22 fishermen off the coast of Puttalam District, and killed several more fishermen in the same area in August. In September the LTTE assassinated a leader of an anti-LTTE Tamil group in Batticaloa District, and are believed to have killed several opponents in the Jaffna District. In the past, the LTTE has killed university professors, members of nonviolent Tamil opposition parties, and human rights monitors. LTTE violence was not restricted to Sri Lanka. In May LTTE agents killed Sabalingam Sabaratnam, an LTTE opponent, and four other Tamils in Paris. b. Disappearance There were 10 confirmed disappearances in 1994, compared to 98 in 1993, 210 in 1992, and an average 15 a day in 1990. Those who disappeared in 1994 and in previous years are presumed dead. The disappearances involved persons last seen in police custody; all occured in the first half of the year. The Commander of the Army and the Inspector General of Police both issued directives condemning the disappearances and stating that perpetrators would be called to account. However, at year's end the Government had not identified or charged those responsible for the 1994 disappearances. The new Government started investigations into past disappearances. In November it established three regional commissions to inquire into disappearances occuring after January 1, 1988. Meanwhile the Presidential Commission of Inquiry into the Involuntary Removal of Persons continued to work slowly on disappearances that occurred after January 1991. So far the Commission has completed work on only 70 of the 694 cases under its mandate. However, the number of complaints received by the Commission continued to decline. In 1994 the Commission received 10 complaints, compared with 63 in 1993, 181 in 1992, and 725 in 1991. Also in November, Parliament enacted the Registration of Deaths Bill. This legislation allows the next-of-kin to apply to the district registrar of deaths for a death certificate of a relative reported missing and presumed to be dead, or who has not been heard from for more than a year. The new Government indicted 11 suspects, including an army brigadier general, in the disappearance of 32 boys from the southern town of Embilipitiya in 1989 and 1990. The Government charged the suspects with abduction with intent to commit murder and conspiracy to abduct with intent to commit murder. However, at year's end the Government had taken no legal action in the Vantharamulle case, in which Army troops reportedly abducted 158 persons from a refugee camp in Batticaloa district in 1990. Observers maintain that there is credible evidence identifying the alleged perpetrators. The Government continued to give the International Committee of the Red Cross (ICRC) unhindered access to detention centers, police stations, and army camps. This played a role in stopping disappearances attributable to the security forces, as did the work of the Human Rights Task Force (HRTF), a quasi-independent government body set up to register detainees held under the Emergency Regulations and the PTA and monitor their welfare. The LTTE was responsible for an undetermined number of civilian disappearances in the northeastern part of the island. Most of the 400 to 600 police officers captured by the LTTE in 1990 are believed to be dead, as are over 200 security force personnel caputured at a battle in Pooneryn in 1993. The LTTE acknowledges holding only 30 security force personnel. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment Security forces continued to torture and mistreat detainees and other prisoners, particularly during interrogation, although the number of torture reports was somewhat lower than in previous years. Most victims were LTTE supporters or advocates of the Sinhalese Janatha Vimukhti Peramunk (JVP), a former Maoist party which led an insurgency in the southern part of the island. The Government suppressed that insurgency in 1988-89. Methods of torture included beatings, especially on the soles of the feet, suspension by the wrists or feet in contorted positions, burning, near drownings, placing of insecticide or gasoline-filled bags over the head, and forced positions, e.g., prolonged standing. Detainees have reported broken bones and other serious injuries as a result of their mistreatment. Unlike in previous years, there were no reports of rape in detention. In January the Government acceded to the U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In November Parliament enacted legislation making torture a punishable offense. The Government decided that henceforth police officers convicted of abuse would pay fines assessed by the courts. Formerly, the Govenment paid such fines. Torture victims may file a suit for compensation in the Supreme Court, which granted awards ranging from $200 to $2,000, and in some cases assessed fines against individual army or police personnel. Most cases, however, take a year or more to move through the courts. The Government has not yet developed effective mechanisms to prosecute and punish military and police personnel responsible for torture. The LTTE reportedly used torture on a routine basis. Because of the secretive nature of the LTTE, virtually no first-hand information is available regarding their use of torture. Prison conditions are generally poor and do not meet internationally recognized minimum standards because of overcrowding and the lack of sanitary facilities. However, the Government permitted representatives from the ICRC to visit more than 400 places of detention. Conditions are also believed to be poor in prisons operated by the LTTE. d. Arbitrary Arrest, Detention, or Exile Under ordinary law, authorities must inform an arrested person of the reason for arrest and bring that person before a magistrate within 24 hours. In practice, persons detained under ordinary law generally appear before a magistrate within a few days of arrest. The magistrate may authorize bail or order continued pretrial detention for up to 3 months or longer. Except in limited areas of the northeast, security forces may no longer use the Emergency Regulations to detain suspects for prolonged periods without court approval. During the first half of the year, there were continued reports that security forces held people incommunicado at secret locations--a violation of amendments to the Emergency Regulations in 1993. However, human rights monitors believe that such detentions occurred infrequently and for periods of only a few days before the detainees were put into the normal detention system. After taking power, the new Government announced that it would close all secret detention facilities. There were no reported detentions in secret locations after the announcement. After the Government lifted the Emergency Regulations, it began to process the backlog of cases: it arraigned suspected felons, dismissed charges for minor offenses, and released persons against whom there was no case. However, the Government continued to detain some individuals under the Prevention of Terrorism Act, which permits detention without charge for up to 18 months. At year's end, the Government held an estimated 380 detainees, down from more than 2,000 in 1993. Many of these detainees were arrested during military operations against the LTTE and are held in facilities operated by the army. The Government modified the Emergency Regulations which remained in force in the northeastern part of the island and in Colombo. The change shortened pretrial detention to a maximum of 4 consecutive 3-month periods. A magistrate must order further detention. Detainees may challenge their detention in court and sue the Government for violating their civil rights. Security forces continued to conduct mass arrests of young Tamil males--especially after several terrorist bombings in Colombo in April--although such arrests were made less frequently than in 1993. Most detainees were released after identity checks lasting several hours to several days. The Government justifies the arrests on security grounds, but Tamils claim the arrests are a form of harassment. The Human Rights Task Force (HRTF), a quasi-governmental body established to register detainees, continued to investigate the legality of detention in cases referred to it by the Supreme Court and private citizens. There were unconfirmed reports that the LTTE detained more than 2,000 civilians in the northern part of the island. The LTTE did not permit the ICRC or any other humanitarian organization to visit its detainees--aside from 30 security force personnel and 10 fishermen incarcerated in Jaffna. In September the LTTE released 10 police officers detained since 1990 in response to peace overtures from the new Government. The LTTE holds a number of prisoners of conscience, including the poet and women's rights advocate Thiagarajah Selvanithy (see Section 2.a.). The Government does not practice exile. There are no legal provisions allowing or prohibiting its use. e. Denial of Fair Public Trial The judiciary is independent of executive branch influence. The President appoints judges to the Supreme Court, the courts of appeal, and the high courts. The Chief Justice and two Supreme Court judges comprise a Judicial Service Commission which appoints, transfers, and dismisses lower court judges. Judges serve until mandatory retirement age, which is 65 for the Supreme Court and 62 for other judges. In criminal cases, defendants are tried in public by juries. They are informed of the charges and evidence against them, may be represented by the counsel of their choice, and have the right to appeal. The Government provides counsel for indigent persons tried on criminal charges in the high courts and the Court of Appeal, but not in other cases; private legal aid organizations assist some defendants. Under the Emergency Regulations, the authorities detained suspects for long periods without providing them access to legal representation. However, after the lifting of the Emergency Regulations in most parts of the country, the normal judicial procedures were restored and defendants in criminal cases were again accorded due process. To avoid possible intimidation, there are no jury trials in cases prosecuted under the seldom-invoked Prevention of Terrorism Act (PTA). Defendants in PTA cases have less protection than those tried under ordinary laws. Confessions, which are otherwise inadmissible, are allowed in PTA cases, and most convictions rely heavily on confessions. In such cases, defendants bear the burden of proof to demonstrate that their confessions were obtained by coercion. Nevertheless, defendants in PTA cases have the right to appeal. In the past, the Government claimed that all persons detained under the Emergency Regulations and the PTA were suspected members of the LTTE or the JVP. There is insufficient information to determine whether these detainees were political prisoners or suspected terrorists. Nonetheless, the overall number of detainees held without charges declined significantly (see Section 1.d.). The LTTE has its own court system in Jaffna, composed of young judges with little or no legal training. The courts reportedly impose severe punishments. However, the courts have no basis in law, and essentially operate as extrajudicial agents of the LTTE, rather than a judiciary formed by a legal, sovereign government. f. Arbitrary Interference with Privacy, Family, Home, or Correspondence The Government generally respects the constitutional protections of individual privacy and the sanctity of the family and home. The police obtain proper warrants for arrests and searches conducted under ordinary law. However, the security forces are not required to obtain warrants for searches conducted under the PTA (see Section 1.e.). The Secretary of Defense is responsible for providing oversight for such searches. There is no judicial review or other means of redress for alleged illegal searches under the PTA. The Government is believed to monitor telephone conversations and correspondence on a selective basis. The security forces routinely open mail destined for the LTTE-controlled areas and seize contraband. The LTTE routinely invades the privacy of citizens. In 1990 the LTTE evicted thousands of Muslim residents from their homes in the north. They currently live in refugee camps. g. Use of Excessive Force and Violations of Humanitarian Law in Internal Conflicts Hostilities between the Government and the LTTE continued but at a reduced level from 1993. There were no reports of army massacres of Tamil civilians, such as the ones at Kokkadichcholai in 1991 and Mailanthani in 1992. However, the security forces killed as many as 150 civilians by the indiscriminate or excessive use of force. Over 250 were killed in 1993. The security forces killed at least 90 persons, and injured hundreds of others, in the periodic shelling of the LTTE-controlled city of Jaffna. The LTTE also used excessive force, killing an undetermined number of civilians. During the year, the Government took measures to address the problem of civilian casualties. The air force introduced new rules of engagement to reduce inadvertent deaths and injuries to civilians. The security forces also instituted human rights instruction in its training courses. The Government detains very few captured LTTE cadres, as many of them themselves with cyanide before capture. The LTTE claims that it kills security force personnel rather than take them prisoner. It admits to holding only 30 security force prisoners. The LTTE is believed to have killed many of the 600 to 800 police officers and security force personnel it captured in recent years. Section 2 Respect for Civil Liberties, Including: a. Freedom of Speech and Press The Constitution provides for the freedom of speech and expression but permits restrictions in the interests of national security. Such restrictions were eased by the termination of the Emergency Regulations in most parts of the country. Even in regions where the regulations are still enforced, the Government eliminated the stipulation for lengthy prison terms for "inciting feelings of disaffection, hatred or contempt of the president or the Government" or "creating discontent or disaffection among inhabitants." The Government controls the country's largest newspaper chain, a major television station, and the Sri Lankan Broadcasting Corporation. However, a variety of independent newspapers, journals, radio and television stations provide an unimpeded range of views and openly criticize the Government and political parties. The Government maintains a monopoly on the broadcast of local news, but networks may broadcast foreign-produced international news without deleting stories concerning Sri Lanka. Under the former UNP Government, many journalists alleged that the Government sought to control the press by limiting the issuance of import licenses for newsprint and the placement of government advertising. However, journalists did not make such allegations after the new Government took office in August. Journalists and civil libertarians also complain that the Parliamentary Powers and Privileges Act stipulates an unlimited fine or up to 2 years' imprisonment for anyone who criticizes a member of Parliament. Although the Government did not invoke the law in 1993 or 1994, journalists and civil libertarians complain that the act is an unjustified infringement on freedom of the press. The LTTE does not tolerate freedom of expression. It tightly restricts the print and broadcast media in areas under its control, and has often killed those who criticize it. The LTTE has detained Thiagarajah Selvanithy for over three years, and has repressed the University Teachers for Human Rights, a human rights group formerly based in the Jaffna peninsula. The Government generally respects academic freedom. It also removed restrictions on campus political activity with the lifting of the Emergency Regulations. The LTTE does not respect academic freedom, and has repressed and killed professors who criticize it. b. Freedom of Peaceful Assembly and Association The Government generally respects the constitutional freedoms of assembly and association. Although the Prevention of Terrorism Act may restrict such freedoms, the Government did not use the Act for that purpose in 1994. The Government routinely granted permits for demonstrations, including those held during the parliamentary and presidential elections. c. Freedom of Religion The Constitution establishes Buddhism as the official religion, but also provides for the right for members of other faiths to practice their religions freely. Foreign clergy may work in Sri Lanka, but for more than 30 years, the Government has prohibited the entry of new foreign Jesuit clergy. It permits those already in the country to remain. Evangelical Christians, who constitute less than 1 percent of the population, have expressed concern that their efforts at proselytization are occasionally met with hostility and harassment by the local Buddhist clergy and others opposed to their work. They sometimes complain that the Government tacitly condones such harassment; however, there is no evidence of this. d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation The Constitution grants every citizen "freedom of movement and of choosing his residence" and "freedom to return to Sri Lanka." The Government generally respects the right to domestic and foreign travel. During the year, the Government eased travel restrictions in the eastern part of the island because of the decline in insurgent activity. The termination of the Emergency Regulations also reduced travel restrictions. However, government security measures have the effect of restricting the movements of Tamils, especially young males. The LTTE restricts the movement of Tamils in areas under its control. It levies a large "exit tax" from persons wishing to travel to areas under government control, requiring them to leave all of their property in escrow. In order to ensure that travelers return, the LTTE often grants permission to only one family member to travel at a time. The LTTE does not allow displaced persons living in areas under its control to return to their homes in government-controlled areas. An estimated 558,000 citizens have been displaced by the insurgency. Most live in camps financed by the Government and non-governmental organizations (NGO's). An estimated 69,000 Tamil refugees live in camps in southern India. Another 100,000 refugees have been integrated into the Tamil society of southern India. The Government allows the U.N. High Commissioner for Refugees (UNHCR) to operate freely. UNHCR assisted in the repatriation of over 8,000 refugees from India. The Government does not permit the entry into the country of refugees, nor does it aid those who manage to enter yet seek permanent residence elsewhere. There were no instances of forcible repatriation.