Contents Page

HUMAN RIGHTS DEFENDERS

Ms. Hina Jilani, Special Representative of the Secretary-General

on human rights defenders 02

DISAPPEARANCES AND SUMMARY EXECUTIONS

Special Rapporteuron extrajudicial, summary or arbitrary executions, Asma Jahanhir 03

INDEPENDENCE OF THE JUDICIARY,

ADMINISTRATION OF JUSTICE, IMPUNITY

Special Rapporteur on the independence of judges and lawyers,

Dato' Param Cumaraswamy 06

THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION

Special Rapporteur Mr. Ambeyi Ligabo 07

TORTURE AND DETENTION

Special Rapporteur on the question of torture, Theo van Boven,

DISAPPEARANCES AND SUMMARY EXECUTIONS

Working Group on Enforced or Involuntary Disappearances 33

VIOLENCE AGAINST WOMEN

Special Rapporteur on violence against women, its causes and consequences,

Ms. Radhika Coomaraswamy 34

WORKING GROUP ON ARBITRARY DETENTION

Opinions adopted by the Working Group on Arbitrary Detention 40

HUMAN RIGHTS COMMITTEE

Concluding observations of the Human Rights Committee 43

HUMAN RIGHTS DEFENDERS

Report submitted by Ms. Hina Jilani, Special Representative of the Secretary-General on human rights defenders

Item 17 (b) of the provisional agenda

(E/CN.4/2003/104/Add.1 - 20 February 2003)

Sri Lanka

Communication sent

1. On 4 October 2002, the Special Representative sent a communication regarding Nimal Punchihewa, a senior lawyer for the National Human Rights Commission of Sri Lanka (NHRC). According to the information received, Nimal Punchihewa was the victim of an act of intimidation by a senior police official on 22 January 2002, while conducting an inquiry into a complaint of illegal arrest against three police officers. Upon entering the inquiry room as a witness, the Assistant Superintendent of Police, Ranmal Kodituwakku, reportedly challenged the authority of the Commission, claiming that it had no right to investigate the matter. Nimal Punchihewa reportedly requested Ranmal Kodithuwakku to leave the room, upon which the latter allegedly replied that he would take with him the three other police officers subjected to the inquiry. He is reported to have left the room with the three police officers, threatening that “we will attend to this tomorrow. I will make complaints.” According to information received, Ranmal Kodituwakku attempted without success to summon Nimal Punchihewa to the police station for a police inquiry. He also reportedly tried to intimidate Nimal Punchihewa by taking down the license number of his car. It has been alleged that since its inauguration in 1994, the NHRC has been under heavy pressure from individuals alleged to be law enforcement officials and politicians.

Communications received

2. By letter dated 16 April 2002, the Government transmitted to the Special Representative additional information regarding the case of Thivyan Krisnasamy (Thiviyan Krishnaswamy) (see E/CN.4/2002/106, annex, paras. 323 and 324). The Government informed the Special Representative that, in January 2002, in pursuance of ongoing efforts to resolve the conflict in the North East and with the view to creating a suitable environment in which fruitful negotiations could take place between the Government and the Liberation Tigers of Tamil Eelam (LTTE), the Attorney-General began to withdraw indictments filed against persons whose involvement in terrorist activity was minimal. As a result, on 22 February 2002, the indictment against Thivyan Krisnasamy for having failed to provide information regarding LTTE terrorist activity was withdrawn. Further, on 15 March 2002, the High Court of Jaffna discharged Thivyan Krisnasamy in the two other cases pending against him after witnesses failed to appear in Court.

Observations

3. The Special Representative thanks the Government for the information sent to her. She regrets, however, that at the time of the finalization of the present report, no reply to her communication had been received from the Government.

DISAPPEARANCES AND SUMMARY EXECUTIONS

Report of the Special Rapporteuron extrajudicial, summary or

arbitrary executions, Asma Jahanhir

Item 11 (b) of the provisional agenda

(E/CN.4/2003/3/Add.1 - 12 February 2003)

Sri Lanka

Urgent appeal

457 13 September 2002, the Special Rapporteur joint with the the Special Rapporteur on torture, the Chairman-Rapporteur of the working group on arbitrary detention and the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal to the Government of Sri Lanka relating to Nandini Herat, who was allegedly subjected to sexual torture while in police custody in Wariyapola. According to the information received, on 8 March 2002, Nandini Herat was reportedly arrested by the police in Wariyapola on the mere suspicion of committing a crime without any attempt made by the police to check the facts before arresting her. While in the custody, she was reportedly subjected to sexual torture by five police officers, including the officer in charge of the police station and forced to sign a document about the robbery of a Buddhist statute that she knew nothing about. It has been reported that in early August the five police officers, who are still in their posts, were charged with the torture of Nandini Herat before the Magistrates' Court of Wariyapola. Their trial has reportedly begun, with the next hearing taking place on 13 September. Although the magistrate allegedly issued a warning that the witnesses should not be intimidated, the policeman officer in charge reportedly went to Kandy remand prison where Nandini Herat is currently being held, allegedly in order to ask her to withdraw the case. Fortunately, he was reportedly prevented from doing so by prison officials.The police also threatened Nandini Herat's father when he duly requested a copy of the initial complaint made to the police against his daughter. Other threats have reportedly been uttered against Nishanta Kumara, a correspondent of the daily newspaper Ravaya. According to the information received, on 10 July 2002 three men, including a supporter of the ruling United National Party (UNP) called Sunil, allegedly threatened him with a knife and asked if he was "the human rights dog who’s trying to send my brother-in-law to prison." Fears have also been expressed that the two lawyers who had been asked to act on Nandini Herat's behalf have already withdrawn their services as a result of intimidation.

Communications sent

458 2 September 2002, the Special Rapporteur jointly with the Special Rapporteur on torture sent an allegation to the Government of Sri Lanka relating to the following cases:

459 W A P Jayaratne, a corporal in the Special Forces brigade of the army reportedly died during interrogation by the military police in connection with the unauthorised removal of four automatic pistols from the armory of the Koholanwala army camp on 21 June 2001. He had reportedly been arrested on 7 June by the Special Investigation Unit (SIU) of the Military Police. Within hours of his death, four corporals of the SIU are said to have been taken into custody by the Mahawela police. According to an article in a newspaper on 27 June 2001, army headquarters had also appointed a military court of inquiry into the corporal's death. The Special Rapporteurs are not aware of the outcome of either the police or military investigations to date.

460 Kandaiyan Udayakumaran, a 42-year-old father of seven children, a displaced person from Jaffna living in Savakadu, Mannar, was reportedly taken into custody by the navy personnel on 28 February 2001 around 9 p.m. The next day, around 3 a.m., they allegedly returned to his home and gave an "arrest receipt" to his daughter. It was reportedly signed by the officer in charge and stated that he had been taken in for questioning and handed over to the Mannar police. On 1 March 2001 at about 6 a.m., navy personnel reportedly handed over his dead body to Mannar base hospital. According to the post mortem report, the death was caused due to "hypoxia following strangulation of the neck". His remains were reportedly buried on 3 March 2001 at Mannar cemetery. It is believed that he was strangled to death by navy personnel. Allegedly he had already been strangled when being taken into custody. Two navy personnel were arrested in connection to this killing. At the time of writing, a magistrate's inquiry was said to be continuing.

461 W. Sujeewa Priyadarshana, aged 31, reportedly died as a result of torture by police officers and personnel of Thebuwana Police in the night of 30 January 2001 while in remand custody. W. Sujeewa Priyadarshana was allegedly taken into custody by two sub-inspectors of Thebuwana Police on 15 January 2001 at around 1.30 p.m. There, Sujeewa Priyadarshana was reportedly subjected to severe beatings by these policemen. He was produced before the court on 16 January 2001 and remanded. The charge against Sujeewa Priyadarshana was alleged illegal possession of 5 grams of marijuana. It is alleged that a sub-inspector had come to the house and taken marijuana out of his pocket. Sujeewa Priyadarshana was again produced before court on 30 January 2001 and was to be remanded for further 6 days due to non-availability of reports. As the report of Judicial Medical Officer (JMO) was reportedly not available during a magisterial enquiry on 31 May 2001 the verdict on his death was reportedly not given. Police are said to be evading an enquiry.

462 Mullakandage Lasantha Jagath Kumara, a 23-year-old soldier, married with one child, from Payagala was allegedly taken into custody by Payagala Police on 12 June 2000 and detained for five days until 17 June 2000. He reportedly died at Welikada Prison on 20 June 2000 as a result of severe beatings. The magistrate who held the enquiry into the death reportedly expressed his opinion that this was a homicide. An enquiry into this death was said to have been held at Colombo Magistrate's Court (Hall No. 02) under B/901/2000. Police personnel belonging to Payagala police station have allegedly been named as suspects. Police officers who investigated the murder and presented materials before court are said to be covering up for the police officers involved in the murder. They are believed to have presented incorrect materials before court.

463 Jayakodige Anura Wijesiri was reportedly found hanging inside his police cell in the Ingiriya Police Station on 12 January 2001. On 11 January, he had reportedly been visited by his brother whom he told he had been beaten by two police sergeants. The father-in-law of one of the sergeants reportedly visited Jayakodige Anura Wijesiri’s mother and informed her that her son had been assaulted and that she had to pay 10,000 rupees to the police to have her son released. She reportedly responded that she did not have the money. The next day she found out that her son had died in the police station. Later the family was reportedly informed that he had hung himself inside his cell in the police station. The district medical officer is said to have made a report stating the cause of death as suicide.

464 On 2 September 2002, the Special Rapporteur jointly with the Special Rapporteur on torture and the Special Rapporteur on violence against women, its causes and consequences, sent an allegation to the Government of Sri Lanka relating to the following cases:

465 Jeyanthi Veerasingham, a 25-year-old woman, was reportedly raped and killed while in custody, in an army detachment at Sanasa transit camp, on 17 February 2000. According to the reports, Jeyanthi Veerasingham entered Vavuniya from the LTTE controlled Vanni Region, on 16 February 2001. On the following day, she was allegedly summoned to an army detachment at Sanasa transit camp for an inquiry. A few hours after she went to the Sanasa transit camp, the army reportedly handed over her body to the Vavuniya hospital, claiming that she had committed suicide by swallowing cyanide. The Magistrate inspected her body at the Vavuniya hospital mortuary, and reportedly instructed the police to conduct further investigation related to her death to clarify whether she had been tortured or sexually assaulted while being interrogated by army personnel at Sanasa army transit camp and the Brigade Headquarters camp. The Magistrate reportedly also instructed the JMO of Vavuniya hospital to hold a postmortem examination on the body of the deceased to find out whether she had been sexually assaulted while in custody.

466 S. Umadevi, a 23 year old female typing student from Nawalapitiya, Imbulpitiya Estate has reportedly been abducted, raped and murdered on the 12 September 2001 at Kopiwatte, Mallanda in Nawalapitiya on her way home after attending her typing class in Nawalapitiya Town. Her parents are said to have filed a case with the Nawalapitiya Police on the morning of the 13 September, after exhausting all of their own enquiries as to her whereabouts. When her father went to the police station to record the complaint, the woman police constable was said to have been abusive and not willing to accept their complaint. When she was shown a photograph of the young woman who was missing, she is reported to have said "this girl must have gone off with some young man. What are we to do with this photo?" and put away the photo. The same evening, her father was said to have heard that the corpse of a young woman was had been found in the shrubs near the Malkanda bridge. He reportedly went to the spot and identified the body as that of his daughter. The father is said to have informed the police at Nawalapitiya and gave the name of one particular person whom he suspects could have been the perpetrator of this crime, but the police reportedly have not shown any concern about this case and have so far failed to arrest any suspects, or to visit the home of the victim.

467 Sarathambal Saravanabhavanantha Kurukkal, a 29-year-old woman, was allegedly dragged out of her home in Pungudutivu, Jaffna district by unidentified gunmen dressed in black uniform, gang-raped and murdered, on 28 December 1999. According to the reports, the body of the victim was found the next morning under some bushes near Kannaki Amman Temple, situated just 20 metres away from her house. The medical report of JMO in Colombo states that the injuries and marks found on the body of the victim were consistent with rape and murder. Jaffna Acting Magistrate reportedly read out the JMO's report in open court on 8 January 2000. In June 2001, the National Human Rights Commission which had investigated the rape and murder of Sarathambaal Saravanabhavanantha Kurukkal, was reported to have decided to close the file for lack of evidence. The Special Rapporteur on violence against women has previously intervened on behalf of the above-named person on 14 March 2000.

Communications received

468 On 13 December 2001, the Government of Sri Lanka informed that the Commander of the Sri Lanka Army has established with effect 16 November 2001, a directorate to deal with human rights issues. This directorate has been mandated to implement the directives of the Commander of the Sri Lanka Army relating to human rights and oversee the implementation of human rights norms and standards in line with domestic constitutional and other legal provisions and those relating to international human rights law.

469 On 26 December 2001, the Government of Sri Lanka replied to a communication sent by the Special Rapporteur on 27 October 2001 regarding the murder of journalist Mylvaganam Nimalarajan. The Government informed that detailed investigations conducted by the Jaffna Police did not lead to the identification and apprehension of the primary suspects or others who may have been concerned in the commissioning of the crime. The criminal investigation department took-over the investigation from the Jaffna police. Its progress is periodically monitored by the inter-ministerial working group on human rights issues.

470 On 8 April 2002, the Government of Sri Lanka replied to a communication of the Special Rapporteur dated 7 December 2001, relating to the alleged rape and murder of Veluthapillai Rajani and Krishnapillai Thayayothy. The Government informed that regarding Veluthapillai Rajani, the Military Police carried out an in-depth investigation.

Accordingly four suspects (a Corporal, a Lance Corporal, and two Privates of the Sri Lanka army) were charged in the Magistrates Court for rape and murder; besides, a non summary inquiry was conducted. At the stage of the institution of criminal proceedings, the four accused were discharged from the Sri Lanka Army. Upon the conclusion of the non summary inquiry, the attorney general presented indictment against all four accused in the High Court of Colombo where the trial is presently pending. Regarding the alleged killing of Krishnapillai Thayayothy, the police commenced initial investigations and interviewed witnesses who said that security forces or police personnel were not implicated in the murder. Due to terrorist activity, it was not possible for the Magistrate to proceed to the location of the grave in which the body of the victim is said to have been buried. Upon restoration of normalcy in the area, police investigators are expected to proceed to the scene of the crime, conduct further investigations, and cause the exhumation of the body of the deceased. It is thereafter intended to have a post mortem investigation into the body of the deceased. Thereafter, necessary further investigations will be conducted with the view to identifying and apprehending the perpetrators of the crime.

471 On 8 April 2002, the Government of Sri Lanka replied to a communication dated 30 August 2001 regarding the alleged death in custody of Ushita Thussara Kumaea. The Government informed that the death of the deceased has been inquired into and facts relating to the death reported to the relevant magistrate. Upon the completion of criminal investigations, the attorney general will be invited to consider the institution of criminal proceedings against those responsible for causing bodily injury to the deceased, which led to his death.

INDEPENDENCE OF THE JUDICIARY, ADMINISTRATION OF JUSTICE, IMPUNITY

Report of the Special Rapporteur on the independence of

judges and lawyers, Dato' Param Cumaraswamy

Item 11 of the provisional agenda

(E/CN.4/2003/65/Add.1 - 25 February 2003)

Sri Lanka

Communications to the Government

1. On 13 September 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on torture and the Chairman-Rapporteur of the Working Group on Arbitrary Detention regarding Nandini Herat, who was allegedly subjected to sexual torture by 5 police officers, including the officer in charge, while in police custody in Wariyapola, near Kurunegala. It has been reported that the trial of the five police officers for torture began in September before the magistrate’s court of Wariyapola. Although the magistrate allegedly issued a warning that the witnesses should not be intimidated, the police officer in charge reportedly went to the remand prison where Ms. Herat was being held, allegedly in order to ask her to withdraw the case. He was reportedly prevented from doing so by prison officials. Other threats were reportedly uttered against Nishanta Kumara, a correspondent of the daily newspaper Ravaya, by Mr. Sunil, a supporter of the ruling United National Party who allegedly threatened Mr. Kumara with a knife and asked if he was "the human rights dog who’s trying to send my brother-in-law to prison." Fears have also been expressed that the two lawyers who had been asked to act on Ms. Herat's behalf have withdrawn their services as a result of intimidation.

Communications from the Government

2. On 10 October 2002 the Government sent a response to the Special Rapporteurs’ communication of 13 September 2002 concerning Nandini Herat. The Government advised that the Criminal Investigations Department (CID) of the Sri Lanka Police had taken over the investigation on the alleged torture of Ms. Herat. The Government further advised that the Judicial Medical Officer had been directed to

undertake another medical examination of Ms. Herat. The CID was requested to submit the investigation and medical reports by 31 October 2002 in order to consider filing indictments under the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment Act. The Government also advised that the CID had been directed to conduct criminal investigations into the alleged threat against Priyantha Gamage, Ms. Heart’s lawyer and Nishanta Kumara, human rights activist.

3. On 17 December 2002, the Government sent a response to the Special Rapporteur’s communication of 6 August 2001 (see E/CN.4/2001/65, paras. 206-207, 209-210 and E/CN.4/2002/72, annex, para. 166) concerning lawyer, Kumar Ponnambalam, who was shot dead on 5 January 2000. The Government advised that the Crime Detection Bureau of the Police Department was directed to investigate the assassination. On 28 February 2001 the CID took over the inquiry. Based on further investigations, the Attorney-General directed the CID to charge three suspects, one a former reserve police constable, and the court proceedings will commence on 3 January 2003.

Observations

4. The Special Rapporteur is waiting to hear about the outcome of the prosecution of the three accused for the murder of Kumar Ponnambalam.

5. The Special Rapporteur continues to be concerned over the allegations of misconduct on the part of the Chief, Justice Sarath Silva, the latest being the proceedings filed against him and the Judicial Service Commission in the Supreme Court by two district judges which is set for hearing on 27 February 2003.

THE RIGHT TO FREEDOM OF OPINION AND EXPRESSION

Report of the Special Rapporteur Mr. Ambeyi Ligabo

Item 11 (c) of the provisional agenda

(E/CN.4/2003/67 - 30 December 2002)

13 Invitations to undertake visits to Sri Lanka, Egypt and Guatemala during 2002 were extended to the former Special Rapporteur by the Governments of these countries, and preparations were under way for his visit to Sri Lanka. However, in light of the uncertainty as to the end of tenure of the former Special Rapporteur’s mandate (on 26 July 2002), the mission could not take place.

TORTURE AND DETENTION

Report of the Special Rapporteur on the question of torture, Theo van Boven,

Item 11 (a) of the provisional agenda

E/CN.4/2003/68/Add.1 - 27 February 2003

Sri Lanka

1486 letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information according to which there was an apparent rise in reports of torture and other forms of ill-treatment involving personnel of the Special Task Force (STF) deployed in the North and East of Sri Lanka, as well as in reports of torture allegedly committed by the Special Investigation Branch of the police in Amparai district. A high number of rape cases had allegedly been reported recently. It was reported that most of the cases have occurred in the context of the armed conflict between the security forces and the Liberation Tigers of Tamil Eelam (LTTE). It was believed that the authorities may have failed to bring to justice those members of the security forces suspected of being responsible. As of mid-June 2001 seven indictments had reportedly been presented to the High Courts with regards to the alleged perpetration of torture and the Prosecution of Torture Perpetrators (PTP) Unit in the Attorney General's department has in addition processed investigative material in another six cases. However, despite these initiatives, it was reported that so far no one has been found guilty by a court of law in relation to charges of torture, or for rape in custody although some prosecutions have been brought in cases where the victim of rape was also murdered. Furthermore, no policy of compensation was said to have been worked out, and insofar as compensation has been granted it is said to be very insignificant. Furthermore, the Special Rapporteur had received a considerable number of alleged cases of torture having been carried out as part of routine criminal investigations as opposed to in areas characterized by civil strife, conflict or security operations. The practice of torture was said to be considerably more extensive and intensive in the latter areas.

1487 letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information on the following cases. By letters dated 7 and 29 November 2002 respectively, the Government transmitted interim responses regarding a number of them.

1488 Mahendranathan Shankar was reportedly arrested in Kandarmadam on 4 July 2001 by army personnel from the Urelu army camp. It was reported that he was undressed and blindfolded and that his hands were tied behind his back. It was also reported that he was pushed against a door, as a result of which his lip was injured. He was also allegedly assaulted with sticks and wires and burnt with cigarette butts. It was believed that he was handed over to the police at Kankesanthurai on 9 July 2001, where he was believed to have been assaulted by two police officers. A case filed before the Supreme Court in August 2001 was reportedly still pending at the time of writing.

1489 The Government responded that the Special Investigations Unit of the Police Department (SIU) had initiated an investigation on 10 October 2002. SIU made several attempts to trace the whereabouts of the alleged victim in order to record his statement. The Government indicated that the outcomes of its efforts will be provided to the Special Rapporteur.

1490 Krishnasamy Thiviyan, a former secretary of the Jaffna University Students Union, was reportedly taken into custody by the army on 2 July 2001. He was allegedly ill-treated by army personnel at the time of his arrest. His hands were reportedly tied behind his back and he was blindfolded with his shirt. He was reportedly beaten with the butt of a gun and kicked. He was taken to the Urelu army camp where it was alleged that soldiers undressed him, pulled his pubic hair, beat him with sticks and kicked him in the face. As a result, he was said to have sustained an injury to his mouth. He was reportedly assaulted in a similar way on the following day. He was allegedly seen with marks of injuries on his cheek and lower lip. He was also said to be suffering from back pain as a result of the ill-treatment. A fundamental rights petition was reportedly submitted on 9 August 2001. When the petition was taken up for inquiry by the Supreme Court on 22 August, the court was reported to have ordered that Krishnasamy Thiviyan be examined by a Judicial Medical Officer (JMO) and that the report of the examination be submitted to the court. The following hearing was believed to have been scheduled for 30 October 2001.

1491 Alagaiah Murugathas, a man from Vinayagapuram, Thirukovil, Amparai district, was reportedly arrested by the STF on 30 June 2001. The latter reportedly pulled a plastic shopping bag over his head which had been filled with petrol, put chilli powder into his eyes and beat him with wicket poles all over his body. Eight STF personnel reportedly stood on his chest. After he was handed over to the Special Investigation Branch of the police at Amparai town, he was allegedly beaten with a wooden pole all over his body by a police constable. Alagaiah Murugathas was reportedly seen with marks of severe injuries allegedly due to the treatment he had been subjected to on his back and thigh and red marks in his eyes, suspected of having been caused by the petrol and/or the chilli powder.

1492 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1493 Ponnappapillai Sivanesan, a man originally from Chulipuram, Jaffna district, but living as a displaced person at Ilanthaimoddai, Nanaddan, Mannar district, was allegedly assaulted in his home and taken into custody by the STF to the Ilanthamoddai STF camp on 25 June 2001. His wife and three children were allegedly also assaulted by them at the time of his arrest. It was reported that he had been released in the afternoon of 26 June 2001 with a severe warning not to go to any hospital for treatment. He was reportedly admitted at the Mannar hospital, before being transferred to Vavuniya hospital.

1494 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1495 Sivalingam Satheeskumar, a man from Thirukovil, Amparai district, was reportedly taken into custody by the STF on 16 May 2001 and held at the Thirukovil STF Camp. Soon after taking him into custody, STF officers reportedly pulled a shopping bag soaked in petrol over his face and assaulted him at the same time. They also reportedly put water and then chilli powder into his eyes. He was also allegedly suspended between two tables and assaulted with wicket poles while hanging between them. More than two months after having been subjected to this treatment, he reportedly continued to have marks of the beatings on his back and on his thigh.

1496 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1497 Thangarasa Sathan, a man from Marambaikulam Vavuniya, was reportedly taken into custody by the Counter Subversive Unit (CSU) of police on 5 March 2001. It was believed that he was taken into custody for possession of a hand grenade. An attorney-at-law allegedly asked the court to institute a prosecution against the officials responsible for alleged ill-treatment.

1498 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1499 R. Vigneswaran, a man from Chunnakam, was reportedly taken into custody at Urelu army camp on 8 February 2001. It was alleged that as a result of the treatment he was subjected to at the camp, he reportedly vomited blood. Soldiers reportedly are said to have warned him not to complain about his treatment while in detention and also not to obtain treatment from a hospital.

1500 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1501 L. P. Maithreepala Senadira, from Pansalgodella, Galamuna, was reportedly taken into custody by the Polonnaruwa tourist police on 7 January 2001. It was reported that he was tied to a pillar, his clothes were removed and he was beaten with a pipe and sticks by a Sub-Inspector, as a result of which, his sexual organs were reportedly severely injured. He was allegedly taken to the Polonnaruwa Hospital by the sub-inspector himself. It is alleged that the injuries to his sexual organs required six stitches, and his back showed signs of severe beatings.

1502 The Government responded that the statement of the alleged victim had been recorded by the SIU. The case was settled by the National Human Rights Commission and compensation was paid by the accused officers.

1503 Nadarajah Thiruchelvam, a journalist of Point Pedro working in Jaffna for the daily newspapers Valampuri and Thinakaran, was reportedly taken into custody on 2 January 2001, and held handcuffed for 12 days in solitary confinement by the Terrorism Investigation Division (TID) of the police in Colombo. It was reported that he was taken into custody by the police in Wellawatte while on a visit to the capital with his family. It was alleged that he was assaulted with pipes and severely beaten.

1504 The Government responded that an investigation initiated on 7 March 2002 by the Police was still continuing.

1505 Sarojinidevi Thavarajah, a woman originally from Thiddy, Kankesanthurai, Jaffna district but living as a displaced person in Colombo, was reportedly taken into custody by members of the TID and detained at their offices along Chaitiya Road, Colombo 1 on 25 September 2000. The next day, she was reportedly taken to the TID offices situated in the police headquarters and interrogated about giving shelter to a person suspected of being an LTTE member. She was allegedly beaten with a piece of wood and with belts. She was believed to have collapsed but was reportedly still beaten. It was also alleged that her hair were pulled and that she was refused water. Similarly, on 27 September 2000, she was reportedly taken from Chaitiya Road to the TID office in the police headquarters. She was allegedly handcuffed and beaten. She was allegedly taken to the Colombo General Hospital on 28 September 2000. On the way to the hospital, she was allegedly threatened not to reveal how she had been treated. It was reported that as told a doctor what had happened, the TID officers refused to give her water and made her stand as a punishment for the rest of the day. On 8 November 2000, she reportedly had to be admitted to hospital again and this time she was examined by another doctor. Again, she was believed to have explained to him how she had been treated. According to the medical report, there were scars of seven injuries on her body which may have been caused by torture while held by the TID. It was reported that she was not allowed any visitors until 19 October 2000 and that she first saw a lawyer on 4 January 2001.

1506 The Government responded that an investigation had initiated on 28 October 2002. The statement of the victim was recorded on 11 November 2002. The following day, the complaint was voluntarily withdrawn by the victim, who expressed that she did not want to pursue the case.

1507 Nadaraja Rasalingam, a man from Manat Senai, Kalmunai, was reportedly taken into custody by personnel of Amparai CSU on 18 September 2000. It was reported that during the time of detention and investigation at the CSU, Nadaraja Rasalingam was injured in his left eye by a police constable. Boiling water was allegedly poured into his mouth on one occasion. A polythene bag, soaked in petrol, was allegedly put over his head covering his face and he was beaten by the police constable with bamboo sticks.

1508 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1509 Muniyandi Selvarasa, a man from Markandu Veethi, Kalmunai, was reportedly taken into custody by the Amparai CSU on 18 September 2000. It was alleged that he was handcuffed and that his hands were placed on a table and his fingers were beaten with a pole. He was beaten and boiling water was forcibly poured into his mouth. A police constable allegedly urinated into his mouth. It was also reported that his fingers were broken and that he experienced problems speaking.

1510 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1511 Anthonipillai Reginold, a man from Sammanthurai, Amparai district, was reportedly taken into custody by the Amparai CSU of police on 18 September 2000. A police constable reportedly inserted a ball point pen into his ear, forced a mixture of chili powder and salt into his mouth and made him chew it. The detainee was also reportedly forced to drink sewage water from a nearby drain. He was allegedly beaten with a handle of an axe and burnt with ignited cigarettes. He was reportedly handcuffed and beaten with a guava pole on his back and all over his body and trampled on. A fundamental rights case has reportedly been filed in the Supreme Court.

1512 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1513 Maruthiah Yogaraja, a man from Narayanan Veethi, Periya Neelavanai, Kalmunai, Amparai district, was reportedly taken into custody by the Periya Neelavanai police on 14 September 2000. Police officers reportedly handed him over to the Kalmunai police station, without giving any reason for his arrest, and the next day transferred him to the Amparai CSU. It was alleged that boiling water was poured into his mouth, that he was forced to eat cow dung, and was beaten with a bamboo stick and wire and forced to eat the vomit of another detainee. Several months after, he was reportedly seen with marks of injuries on his body. Anthonipillai Reginold was reportedly held in the same cell as Maruthiah Yogaraja.

1514 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1515 Murugesapillai Santhanarasa was reportedly deported from Norway on 14 April 2000. From 9 to 13 August 2000, he was allegedly detained in Negombo police station, where it was reported that he was handcuffed and that his head was covered with a plastic bag. He was reportedly hit with a pole while being questioned about his connections with the LTTE, during the time he stayed in Norway. He was reportedly released on 21 August 2000 after he was produced before the Negombo magistrate.

1516 The Government responded that following the attempts of the Criminal Investigation Department (CID) to trace the whereabouts of the alleged victim, the investigation initiated on 9 October 2002 was continuing.

1517 Jayakanthan was reportedly among seven Tamil young men taken into custody on 9 and 10 August 2000 by the Kirilapone police in Colombo after a search operation in the Grand Pass area. He was allegedly beaten while his head had been covered with a plastic bag filled with chili pepper. He was reportedly released from the detention after two weeks. As a result of the ill-treatment, he allegedly sustained an injury to his leg.

1518 The Government responded that an investigation had been conducted in November 2002. In a statement of the alleged victim recorded on 13 November 2002, the latter withdrew his complaint.

1519 Selvarajah Thamilchelvan, a man from Pattarakalli Koviladi, Thavadi South, Kokuvil, Jaffna district, was reportedly arrested on 22 June 2000 by officers of the TID while he was staying at his brother’s house in Wattala, Colombo, in order to travel abroad. It was alleged that while being held in detention at the TID office, the officers hit his ears with both hands on either side, after which his left ear started bleeding. They allegedly grabbed him by the back of his head and slammed his face onto the tabletop. They also reportedly took a paperweight and hit him on his head with it, causing injuries. The TID officers reportedly tied his legs, hung him upside down and beat him with wicket poles and wires. They reportedly covered his head with a bag soaked in petrol. Finally, it was reported that the TID officers also squeezed his penis with a pair of pliers and burnt him with cigarette butts on his hands. In May 2001, he was reportedly seen with marks of injuries sustained as a result, including on his back. It was reported that there were also marks of injuries still visible on his chest, forehead, thighs, buttocks, both upper arms and wrists. The marks of injuries caused by burning cigarette butts were also still visible on both his hands. He was said to have filed a fundamental rights petition in the Supreme Court in May 2001.A JMO who allegedly examined him on 20 March 2001 reportedly observed several scares.

1520 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1521 Subramaniam Kannan, a man from Vavuniya, was reportedly taken into custody, on 20 June 2000, and was held during 42 days in the 211 Brigade Army camp in Vavuniya. He was reported to have been handed over to the army on 26 June 2000. It was alleged that during his detention he was beaten with batons and subjected to electric shocks, before he was allegedly over to the CSU of the police. At the CSU, his head was reportedly covered with a plastic bag that had been filled with petrol. It was believed that he was repeatedly beaten and that barbed wire was inserted into his rectum.

1522 The Government responded that the CID had initiated an investigation on 3 June 2002, upon advice of the Attorney General. A statement of the victim was recorded on 1 August 2002. A medical examination conducted on 24 August 2002 confirmed that the alleged victim had been assaulted. The Government also informed that investigations were continuing.

1523 Thushan Silva, and his brother Ranga Silva as well as one of their friends, Nimal Silva Gunaratne, a person allegedly suspected of murder, from Panadura, Ratnapura district, were reportedly taken to Panadurai police station custody on 22 May 2000, and kept in custody for one week. It was believed that the son of the Inspector General of Police and his fellow officers from the Panadura police station severely beat them and that Nimal Silva Gunaratne lost the sight in one eye as a result. A fundamental rights application was reportedly filed in the Supreme Court by the latter.

1524 The Government responded that an investigation initiated on 11 October 2002 was still continuing. The statements of the alleged victims were recorded and a report of a JMO was needed.

1525 Nagaraja Vamanaeswaran, a student from Muttur, was reportedly taken into custody in the Trincomalee Police Headquarters and Uppuveli police station, and admitted twice to Trincomalee base hospital for medical treatment for the injuries inflicted on him.

1526 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1527 A man known as "old father" was allegedly arrested by STF of Thirukovil, on 3 May 2000. It was alleged that his buttocks were severely beaten with a dried bull's penis and he was also beaten with a pole all over his body. He was then reportedly handed over to the Amparai CSU, where the policemen removed his shirt and banian (men's underwear), and tied his hands with it, pushed him down and then beat him with a pole on his soles as a result of which he had difficulties in walking and lost his sight.

1528 Sivaguru Ravaneethan, a Tamil from Sinnakulam Vavuniya was reportedly taken into custody by a person dressed in army uniform and two others dressed in civilian clothes and sent to the JOSSOP army camp on 26 April 2000. It was alleged that the soldiers removed his clothes, tied his hands and feet and beaten him for several hours with their boots, pipes and an iron rod. It was reported that he was released the following day after being forced to sign a letter that he had not been taken into custody or assaulted by the army.

1529 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1530 Mohamed Farik Sanoos, a man living in Colombo, was reportedly taken into custody on 26 April 2000 by officers of the CID. He was reportedly beaten, handcuffed, forced to sit on the floor and dragged along by his tie in front of his family and neighbours before being taken to the 4th Floor of Police Headquarters. A fundamental rights petition filed was pending in the Supreme Court of Sri Lanka.

1531 The Government responded that an investigation initiated on 11 October 2002 revealed that the alleged victim left the country.

1532 Ratnam Mahendram, a man from Saraswathy, Matha Vaithiyakulam, Vavuniya was reportedly taken into custody by army personnel of Kadiyiruppu Junction Army camp on 23 April 2000. He was allegedly forced to remove his clothes, blindfolded and his hands and legs were tied. Following this, he was allegedly beaten for about half an hour with pipes while being asked about his connections with LTTE. It was believed that he was released on 24 April 2000.

1533 The Government responded that the SIU had initiated an investigation on 10 October 2002.

1534 Kathiravelu Jagathas, a man from Thonikal Vavuniya, was reportedly taken into custody for one week in Sanasa Army camp, on 14 April 2000. He was allegedly assaulted for three hours with a wicket stump and hung on a beam. It was believed that he was not given any form of medical treatment for his injuries. He was reportedly released two weeks after his arrest and threatened by the army personnel not to tell anyone about the ill-treatment.