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Report of the UN Special Rapporteur on Torture. |
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Regular communications and replies received. As in previous years, the Special Rapporteur has received information that persons arrested on suspicion of being members or sympathizers of the LTTE are reportedly tortured, in particular in the north and east of the country and in Colombo. There is a continuing use of unauthorized places of detention, especially in the Jaffna peninsula and Vavuniya, which is believed to be a factor facilitating torture. The People's Liberation Organization of Tamil Eelam (PLOTE) is reported to run such places of detention, where torture is allegedly routinely practised with the tacit approval of members of the army and the police, who are said to regularly visit those camps. Elements within the security forces are reportedly helping these paramilitary groups to protect the secrecy of their camps and the torture taking place there. Prisoners held there are allegedly beaten, administered electric shocks, have petrol poured on their back and lit, and are bitten by dogs on their private parts. 930. Torture of common criminal suspects and people taken into custody in a non-political context is reportedly widely practised, in order to extract confessions from suspects in theft and other criminal cases... 931. Furthermore, the Special Rapporteur has received information according to which corporal punishments continue to be imposed by courts, including on juveniles. Section 52 of the Penal Code reportedly lists whipping as a punishment... 932. Finally, according to the information received, despite the long-term existence of legislation to punish torture, and the enactment of the Torture Act in 1995, this violation is reported to be still committed with impunity. No one has reportedly been convicted in relation to the crime of torture in Sri Lanka... 933. The Special Rapporteur transmitted to the Government information on the individual cases summarized below. 934. Weerage Buddhika Weerasinghe was reportedly arrested on suspicion of robbery in May 1996 and allegedly tortured... while being forced to confess... 935. Sinnarasa Anthonymala, a 17-year-old girl from Jaffna, was reportedly shot in the thigh by the Navy while travelling on a boat to India on 16 July 1995. Rescued by the Navy, she was reportedly taken to the Kankesanthurai navy camp, where she was allegedly stripped of her clothing and tortured by being struck on the head with an iron rod, for which she needed stitches. She was also allegedly handcuffed at the ankles and suspended upside down from a window bar, electric wires were applied on her body, and she was burnt with cigarettes and heated metal rods. On 28 August 1995, she was allegedly transferred to the Criminal Investigation Department (CID), where she was reportedly cut on the back of her neck, hit on the mouth and hit on her left leg with a piece of wood. After a month she was allegedly forced to sign seven statements typed in Sinhala... On her body the examining medical officer reportedly found a number of irregular marks and scars that corroborated all of her testimony of being tortured. 936. Anura Sampath was reportedly taken on 30 December 1998 to the Moratuwa police station and beaten by police officers. The following day, his family was eventually informed by the officer-in-charge that he was dead... 937. Sathasivam Sanjeevan died in police custody allegedly as a result of torture. He was reportedly arrested during a police search operation on 13 October 1998 in Paandiruppu and detained at the Almunai police station, where he was allegedly tortured. On 17 October 1998, the family reportedly went to the Amparai police station and then to the Government Hospital where they were informed that their son had been killed in an armed confrontation with the LTTE when he was being transferred to the Amparai station. A deep cut along his chest had reportedly been stitched up, his tongue severed and stitched together, and there were injuries on his head and hip. A second post-mortem inquiry ordered by the local magistrate confirmed signs of injuries by blunt weapons inflicted before the shooting. The second magisterial inquiry was still continuing. 938. Gopalaratnam Thananjeyan was reportedly arrested in Colombo on 22 August 1998. He was allegedly detained and tortured on the first floor of the Peliyagoda police station for four hours. During his detention he was reportedly beaten. His hands and feet were then allegedly tied and he was suspended from a pipe passed under his knees... 939. Kumaru Selvaratnam was reportedly arrested in early March 1997 on suspicion of being involved with the LTTE. During the first eight days of his detention at the Slave Island police station in Colombo, he was beaten with a broom stick. He had allegedly been kicked and trampled on to such an extent that his testicles needed to be surgically removed... 940. Suppu Udayakumar, Pichchamuththu Chandran, Arunasalam Yogeswaran, Solamuththu Loganathan, Ponnaiah Saravanakumar and Samimuththu Benedict were reportedly arrested in the first two weeks of June 1998 on suspicion of having participated in the bombing of the Shannon tea factory. They were allegedly arrested because of their involvement with the Socialist Equality Party. Confessions were reportedly extracted from them under torture... 941. T. Ranjani was allegedly arrested on 26 November 1997 in Colombo and tortured by police officers at the Cinnamon Gardens police station. She was reportedly examined by the Judicial Medical Officer (JMO) who found that she had seven injuries and that they were consistent... 942. Muthuthamby Vanitha was reportedly arrested on 19 November 1998 by the Kotahena police in Colombo. She allegedly attempted to seek asylum in France, from where she was deported back to Sri Lanka in early October and detained for one week, during which she was allegedly beaten with iron pipes on her stomach and not allowed to use the bathroom. She was examined by a JMO who is said to have found evidence of torture... 943. Periyathamby Subramaniam was reportedly taken into custody on 8 June 1997, by the "Razeek Group", a group which is described as being affiliated to the Eelam People's Revolutionary Liberation Front. He was allegedly burnt, beaten with a wooden rod, burnt on his penis with a cigarette butt, nearly suffocated with a bag containing chilli powder and petrol, pricked with pins on his body, and stabbed with a knife on his shoulder. He was reportedly transferred to Patpodi army camp where melted polythene wax was allegedly poured over his legs and one of his finger nails was removed with pliers. He was also reportedly tortured in the Counter Subversive Unit of the police in Batticaloa. According to the JMO report of 29 September 1998 submitted to the Supreme Court, he showed injuries consistent with his allegation... 944. Thirty-five young men and women were reportedly taken into custody during a round-up by the army from Manipay on 2 January 1997. They were allegedly detained at the Thavady camp... On the third day of their detention, three soldiers were reportedly killed in an ambush by the LTTE. The soldiers at the camp allegedly started beating the detainees with poles, cricket bats and electric wire. Plastic bags filled with gasoline and ants were allegedly placed over the detainees' heads... 945. Kanapathipillai Sasikumar was reportedly arrested on 3 April 1997, and detained at a tower behind the Indian High Commission, which is said to be a "safe house" used by members of the army. He was allegedly stripped naked, had a bag with gasoline and chili powder pulled over his head and tied to his neck, and was tied to a chair. He was reportedly beaten all over his body with broken legs of tables and chairs and with PVC pipes filled with concrete. His hands were allegedly tied behind his back and he was suspended from a ceiling fan by a nylon thread attached to his thumbs. He was allegedly administered electric shocks. On 5 April, he was reportedly handed over to the Crime Detection Bureau. A doctor at Nagoda government hospital recommended surgery to his penis, but up to October 1998, the authorities at Kalutara prison, where he is detained, are believed to have not acted accordingly... 949. Velusamy Baskaran, Neelian Yogesan, Vadivel Kanagaratnam and Somasundaram Shanmugarajah, four members of the Tamil Traders Association at Nuwara Eliya, were reportedly arrested in mid-November 1998 and tortured during their detention. They were reportedly transferred from the police station to the Counter Subversive Unit office where they were severely beaten. 950. Michaelpillai Robert Wellington died allegedly as a result of torture while in army custody at Point Pedro army camp. He was reportedly arrested on 20 July 1998 and beaten. He was allegedly dragged by five soldiers to the army camp and by the next morning was dead... 951. Vythilingam Thiruchelvam was reportedly arrested on 31 October 1997 by members of the armed forces at Sudalaiady junction. His hands were allegedly tied up with a rope and he was taken to Uruthirapuram, where he was forced to jump into a latrine. He is said to have received gunshots while in the latrine... 952. Kanthasamy Kalanithy, a Tamil woman, was reportedly arrested on 25 June 1998 by the army chief of the Mirusuvil army camp, who is said to have wanted to force her to marry one of the Sinhalese soldiers. She allegedly had to stand in front of 10 soldiers, but refused to choose one. She was allegedly gang-raped and then killed... 953. Vallipuram Suganthi, a 15-year-old Tamil woman, was reportedly arrested on 10 July 1997 by 12 police officers and taken to Wellawatte police station where it is reported that she was severely beaten. She was also allegedly threatened with rape if she did not sign a statement about her involvement with the LTTE, which she eventually did... 954. Thambirajah Kamalathasan was one of 192 Sri Lankan asylum seekers who were reportedly arrested on 15 July 1998 and held in detention for several weeks after they were returned to Sri Lanka from Senegal. He was allegedly tortured for several days at the Pettah police station. He was allegedly hit with a rod, had chilli powder rubbed into his eyes, and his genitals were squeezed... 955. Moothathambi Vanitha was reportedly deported around 1 October 1998 after attempting to go to France. She was reportedly released after paying a fine. On 19 November 1998, she was allegedly re-arrested by the Kotahena police without being told the charges against her. She was allegedly hit in the lower abdomen, hands and legs with iron pipes... 956. Kanapathipillai Navaratam was allegedly detained and tortured with her husband. They were reportedly arrested on 9 August 1997, when they were fishing in the Thalayady Sea. They were allegedly beaten with batons and electric wires. They were then reportedly transferred to the Navy camp at Trincomalee, where they were beaten by at least 10 Navy personnel. When they became unconscious due to the beatings they were reportedly given to the police. They were then reportedly interrogated for 17 days at police headquarters. They were allegedly hung upside down and beaten with batons, had salt water poured on them and were sprayed with chilli fumes over their wounds. They were reportedly then transferred to Poose detention camp and kept there for 10 months, during which time they were allegedly tortured continuously... 957. Mahalingam Mahenthiren was reportedly arrested on 20 July 1992, when he was fired upon by the Sri Lankan Navy. He was reportedly taken to Trincomalee to be detained at the CID for two months. He was allegedly hung by his thumbs with rope. Gasoline was allegedly injected into his nose and his head was covered with a polythene bag and was beaten... 958. Veeraputhiran Thevy fled to Paranthan when the Sri Lankan forces reportedly entered the Vadamaradchy area, and then to Mallavi. While en route from Vavunia, she was reportedly beaten by women police on 24 September 1998. She was allegedly hit on the hip, thigh and cheek with iron bars. 959. Krishanthy Kumarasamy, a Tamil, was allegedly raped by army and military officials at a checkpoint in Chemmani. Her mother Rasamma, her 16-year-old brother, Piranapan, and her neighbour, Kirupaharan Sithamparam, went to the Kaithady armycheck post that afternoon, asking for information on her. The soldiers allegedly denied any knowledge of her. When the mother refused to leave without her daughter the three of them were placed in army custody and on that night, they were allegedly strangled to death with rope. They were reportedly all buried in a shallow grave. On 24 October 1996, their decomposed bodies were allegedly brought to Colombo by plane. Her family allegedly received death threats several times from the Sri Lankan armed forces. Somaratne Rajapakse, one of the six members of the security forces who were found guilty of the rape, abduction and murder of the above-mentioned persons and were reportedly sentenced to death in July 1998 by the Colombo High Court, is said to have been assaulted by Welikade Prison guards on 23 August 1998. He reportedly sustained injuries to his mouth, below his left eye and his chest. He was subsequently visited at the hospital by one of the attackers, who is reported to have threatened him not to talk about the incident. During the trial, he reportedly revealed to the court that 300 to 400 other bodies were also buried at Chemmani, Jaffna district, where the body of Krishanthy Kumarasamy had been discovered. The attack on Somaratne Rajapakse is believed to have resulted from his refusal to sign a written statement, allegedly on the order of a Minister... 960. S. Selvarani, a deaf and dumb girl, was reportedly raped on 16 March 1998. She was allegedly riding her bicycle to visit a friend when she was stopped at the Meesalal checkpoint in Chavakachcheri. She was reportedly bound and gagged and then gang raped by several Sinhala soldiers. When she returned home she attempted to kill herself by dousing herself in kerosene and setting herself on fire... 961. Ehamparam Damayanthi, a 15-year-old girl, was allegedly tortured and sexually assaulted by soldiers at the Patpodi army camp in February 1997. She was allegedly kicked, hit with clubs, had gasoline poured over her face, and was submerged in water. Soldiers also reportedly pinched her buttocks, touched her breasts and asked indecent questions... 962. Selvaratnam Ravinsagar was reportedly arrested in Trincomalee on 1 February 1997 by the police. He was reportedly interrogated about a girl who was accused of being a member of the LTTE. He was allegedly handcuffed and beaten by three policemen on the soles of his feet with a wooden bar and a PVC pipe. He was also allegedly hit under his chin with a hard shoe heel and a petrol-filled bag was allegedly put over his head. He was reportedly constantly interrogated about the above-mentioned girl, but he denied knowing her... On 8 July 1997, he was reportedly taken to the Magistrates' Court, where he was advised by his lawyer to plea guilty to the charge of having withheld information from the police... 963. Kandasamy Sri Ram was allegedly tortured by police at Mirihana police station after his arrest on 25 August 1999. He was reportedly given bail on 15 September. Police officers reportedly burnt his body with cigarette butts and he was electrocuted... 964. Selvarajah Thenuka, a 10-year-old Tamil girl, from the village of Pathameny, was allegedly gang raped by soldiers at Atchuvely, on 11 November 1996... 966. Pasupathipillai Yogendran was reportedly arrested by the army at Vavuniya on 27 October 1996. He was reportedly taken to the Joseph camp where he was detained for three days. He was allegedly hung with a rope by his ankles and suspended upside down from a tree and beaten with sticks, fists, and wire... 967. Kalimuthu Salvarajah was reportedly arrested on 10 July 1995 by officers of the Crime Detection Bureau (CDB). For five days, he was detained at CDB headquarters, where he was reportedly assaulted by CDB officers. He was reportedly cut with a blade and suffocated with a bag of gasoline... 968. Luis Rama was reportedly detained on 20 July 1995 by the Sri Lankan Navy for two months. She was then allegedly transferred to the Magazine Prison where she was reportedly suspended by the ankles, cut with blades, burnt with cigarettes and had a bag put over her head... 969. Sivalingam Kajenthiran, a deaf and dumb man, was reportedly tortured and killed by soldiers... 970. Rasanayakam Uthayakumar was reportedly arrested by the Sri Lankan army at Nayanmarkaddu, on 23 October 1998. He was reportedly interrogated at the Gnanams hotel army camp in Jaffna town. On 27 October 1998, his wife was told that her husband was already dead when his body was brought to the Jaffna hospital by the army... 971. Sivam Ashokumar was reportedly arrested by the PLOTE on 24 January 1999, while he was working along the roadside, and was driven away in a minibus. He was reportedly brought to Vairapuliyankulam PLOTE camp on 24 January 1999, and transferred that day to Kovikulam PLOTE camp. He was reportedly chained for 26 days and beaten on the chest, legs and hands with a pole and electric wire... 972. Arumugam Pakkiri, alias Jeya, and Christie White were reportedly detained on 7 February 1999, by members of the PLOTE. They were allegedly taken to the Kovikulam Junction PLOTE camp and kept there for 11 days. Arumugam Pakkiri is said to have been so severely tortured... Urgent appeals and replies received |
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