The Government generally respected the human rights of its citizens in areas not affected by the conflict. However, the ongoing war with the LTTE continued to be accompanied by serious human rights abuses by the security forces.

Impunity for those responsible for human rights abuses remained a serious problem. No arrests were made in connection with the disappearance and presumed killing of at least 300 LTTE suspects in Jaffna in 1996. Progress was made in a few longstanding, high profile cases of extrajudicial killing and disappearance. In most cases, however, no progress was made, or there was no investigation or prosecution at all, giving the appearance of impunity for those responsible for human rights violations. Both the Government and the LTTE apparently killed prisoners taken on the battlefield. The Government infringed on citizens' privacy rights and engaged in direct censorship of domestic newspaper reporting and foreign television broadcasts from January to May. Discrimination and violence against women, child prostitution, and child labor continued to be problems.

In positive developments, the Government took steps to control the abuses. A permanent Human Rights Commission was constituted and began operations. A human rights office opened officially on January 8, 1998 in Jaffna. Prosecutions of security force personnel alleged to have engaged in human rights abuse continued in a few cases.

The Government also continued to provide relief to those displaced by the conflict even though many were still under the control of the LTTE. However, government restriction on medical supplies contributed to poor health conditions for civilians in the Vanni. Three regional commissions established to investigate disappearances completed their investigations although the results of these investigations were not made public.

Pro-government Tamil militants committed extrajudicial killings and were responsible for disappearances, torture, detentions, and forced conscription.

The LTTE attacked civilians during the course of the year. The LTTE regularly committed extrajudicial killings, and was also responsible for disappearances, torture arbitrary arrests, and detentions. The LTTE killed two parliamentarians and nine other civilians in two separate incidents in Trincomalee in July. LTTE attacks on international shipping resulted in the death of several crewmen and considerable damage to property. The LTTE continued to take civilians hostage and, in July, abducted 32 Muslim villagers, demanding the release of 5 LTTE prisoners held by the security forces.

Page-3:

a. Political and Other Extrajudicial Killing

Police (mostly STF officers) and army and navy personnel committed extrajudicial killings in both Jaffna and the Eastern Province. Most of these were associated with operations against the LTTE insurgents or interrogation of suspected terrorists. Up to 100 individuals were killed, although the exact number was impossible to ascertain due to censorship of news relating to military or police operations, and lack of regular access to the north and east where the war was being waged.

In some cases these extrajudicial killings were reprisals against civilians for LTTE attacks in which members of the security forces were killed or injured. In many cases, the security forces claimed that the victims were members of the LTTE, but human rights monitors believe otherwise. The perpetrators of these killings had not been arrested by the Government at year's end.

Impunity remains a serious problem. Since April 1995 at least 700 persons have been extrajudicially killed by the security forces or disappeared after being taken into security forces custody and are presumed dead. As of year's end, no member of the security forces had been convicted for any of these crimes. In the vast majority of cases where military personnel may have committed human rights violations, the Government has not identified those responsible and brought them to justice. The military leadership has failed also in this regard. Almost all senior military officers now serving were mid-level officers during the Janetha Vimukthi Peramuna (JVP) uprising, when security forces were given great leeway in dealing with that threat to the nation's security. Attitudes and practices have been slow to change.

Security force personnel were probably responsible for the death of Reverend Innasi Arulpalan, a priest from the Jaffna Diocese of the Church of South India. The University Teachers for Human Rights-Jaffna (UTHR-J) reported that witnesses saw Rev. Arulpalan and two other individuals being taken away by the army on August 25. Their three mutilated bodies were found on September 9. The military formally denied responsibility for the incident and placed the blame on the LTTE.

On July 10, the Emergency Regulations (ER), which had been in force throughout the country intermittently since 1983, was lifted in most areas outside of the north and east and the capital of Colombo. There was no evidence that the Government was using the regulations, as in previous years, to conceal extrajudicial killings or disappearances. Nevertheless, crucial safeguards built into the ER and the legislation establishing the new Human Rights Commission (HRC)--which replaced the Human Rights Task Force (HRTF)-- were being routinely ignored by the security forces--especially those provisions requiring receipts to be issued for arrests and ordering the security forces to notify the HRC (previously the HRTF) of any arrest within 48 hours. Although security force personnel can be fined or jailed for failure to comply with the ER, none were known to have been punished during the year.

In the east and in Vavuniya in the north, the military wing of the People's Liberation Organization of Tamil Eelam (PLOTE), the Mohan group and the Rasheek group--pro-government Tamil militant organizations--were responsible for killing a number of people. The security forces arm and use these militias to provide information, help identify LTTE insurgents and, in some cases, fight in military operations against the insurgents. The exact size of these militias is impossible to ascertain but they probably total less than 2,000 persons. Military oversight of these groups is inadequate. These groups frequently operated beyond government control. The militias gain access to internally displaced persons (IDP's) transit camps through a variety of means, including bribery and threats. Complaints about their activities continued as the number of IDP's interacting with them increased, especially in the IDP transit camps in Vavuniya. It was impossible to determine the number of victims because of the secrecy with which these groups operated. Those killed by these militants included both LTTE operatives and civilians who failed to comply with extortion demands.

The LTTE continued to commit extrajudicial killings. In July it killed two members of Parliament (M.P.'s) in separate attacks that also claimed the lives of nine other individuals, including a small child. Killings of political opponents in the east continued, some perpetrated by "pistol gangs" which successfully carried out their attacks using motorcycles and revolvers. The LTTE continued to execute suspected government informants. In the past, the LTTE has killed university professors, members of nonviolent Tamil opposition parties, and human rights monitors.

Page-5

b. Disappearance

Disappearances at the hands of the security forces continued, especially in the east and north. There were no reports of disappearances in Colombo in 1997. Most of the disappearances were associated with the arrest of suspected LTTE insurgents. At least 125 individuals disappeared, although, as with extrajudicial killings, the exact number was impossible to ascertain due to censorship of news about security force operations and infrequent access to the north and east.

There were approximately 350 confirmed cases of disappearance in 1996, 34 in 1995, and 10 in 1994. The large number of disappearances in 1996 corresponded to an intensification of the conflict with the LTTE, including the Government's capture of the Jaffna Peninsula and several acts of terror by the LTTE, including a suicide bombing in Jaffna in July 1996. Those who disappeared in 1997 and in previous years are presumed dead. The disappearances involved persons last known to be in police or army custody. The Commander of the Army and the Inspector General of Police have both issued directives condemning disappearances and stating that perpetrators would be called to account. No security force personnel have been prosecuted to date.

In November 1996, the Ministry of Defense established a Board of Investigation to look into disappearances in the north and east and review security forces procedures. According to press reports, the Board received more than 2,500 complaints of disappearances. After eliminating duplicated names, the Board found that 730 persons were alleged to have disappeared. It was able to trace 182, who were located at home or in custody. The balance of 548 cases was unresolved. The Board completed its activities and disbanded by year's end, and its findings were not made public. At year's end, the Government had not publicly identified or charged those responsible for disappearances during the year, although government officials have indicated that those responsible would be held accountable.

The mandates of the three regional commissions set up in November 1994 to inquire into disappearances occurring after January 1, 1988 expired, and the commissions submitted their final reports to President Kumaratunga in September. The commissions investigated 19,079 cases of disappearance, most of which occurred during the 1988-89 period of the JVP uprising. The commissions are reported to have found evidence that 16,742 persons disappeared after having been involuntarily removed. The commissions were believed to have accumulated sufficient information to prosecute a large number of government officials and security forces personnel for human rights violations. Their final reports had not been made public by year's end, nor had the Government taken steps to prosecute those responsible for the disappearances, although the Justice Minister promised that the Government would do so.

Progovernment Tamil militants in the east and north, acting independently of government authority, were also responsible for disappearances. As in the case of extrajudicial killings, it was impossible to determine the exact number of victims because of the secrecy with which these groups operated. The Government has taken no clear public steps to condemn the militants' actions or to stop them.

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 captured at a battle in Pooneryn in 1993. Although the LTTE denies taking any prisoners following the Mullaittivu battle in July 1996, it is currently suspected of holding some. The LTTE has not notified the ICRC of any new security forces prisoners since 1994.

Page-6

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

In 1994 the Government acceded to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Parliament also enacted legislation to implement the torture convention by making torture a punishable offense. The Government, however, has not yet developed effective regulations under the new legislation to prosecute and punish military and police personnel responsible for torture, though it has ceased paying fines incurred by security force personnel guilty of the offense. Security forces personnel have been fined under civil law for engaging in torture, but not prosecuted under criminal law .

Members of the security forces continued to torture and mistreat detainees and other prisoners, both male and female, particularly during interrogation. Pro-government Tamil militants in the east and north, directly responsible to the security forces, also engaged in torture. Most torture victims were Tamils suspected of being LTTE insurgents or collaborators.

Methods of torture included electric shock, beatings (especially on the soles of the feet), suspension by the wrists or feet in contorted positions, burnings, and near drownings. In other cases, victims are forced to remain in unnatural positions for extended periods, or bags laced with insecticide, chili powder, or gasoline are placed over their heads. Detainees have reported broken bones and other serious injuries as a result of their mistreatment. There were no reports of rape in detention.

The LTTE reportedly used torture on a routine basis. Because of the secretive nature of the LTTE, however, no first-hand information has available.

Page-7:

d. Arbitrary Arrest, Detention, or Exile

In spite of government announcements that it would close all secret detention centers, there were continued reports that the security forces held people in such a manner, especially on the Jaffna Peninsula. Tamil militant groups, ostensibly under the direct control of the security forces, were known to be operating illegal--and unmonitored--detention centers in the east and in Vavuniya.

Detention of Tamils continued as a result of the continuing hostilities with the LTTE. At year's end, the Government held more than 1,500 detainees under the ER, compared with 1,500 at the end of 1996, 940 at the end of 1995, and 380 at the end of 1994. Many of these detainees were arrested during operations against the LTTE. Between January and July, 300 suspected members of the LTTE were detained on the Jaffna Peninsula. The Government continued to detain up to 300 individuals under the PTA, which permits detention without charge for up to 18 months. In some cases, Tamils have been detained without charge under the PTA for up to 4 years.

Arrests and detentions by the police took place in violation of the legal safeguards built into the ER and other legislation, particularly regarding requirements that receipts be issued and that the HRC (previously the HRTF) be notified of any arrest within 48 hours. Those arrested by the army were generally turned over to the police within 24 hours as required under the ER. The HRC has a legal mandate to visit those arrested and this mandate was generally respected by police officials. Due to censorship and infrequent access to the area, it was unclear what was happening to detainees on the Jaffna Peninsula. The ICRC visits declared detention centers, but there are undeclared detention centers in the north that are not visited on a regular basis but are visited as needed when information received indicates that persons are being held there. Reportedly there are not a large number of individuals that are held in undeclared detention camps, probably fewer than 100. More than 95 percent of the detainees are held in the main detention center, where conditions reportedly are quite good. On the other hand, conditions in the undeclared centers range from adequate to extremely poor.

Security forces continued to conduct mass arrests of young Tamils, both male and female. Major sweeps and arrests occurred in Colombo, the east, and on the Jaffna Peninsula. Although exact numbers of arrests were impossible to determine, they reached into the thousands. Hundreds of Tamils at a time were picked up during police actions. Most were released after identity checks lasting several hours to several days. The Government justified the arrests on security grounds, but many Tamils claimed that the arrests were a form of harassment. In addition, those arrested, most of whom were innocent of any wrongdoing, were detained in prisons together with hardened criminals.

Page -9:

e. Denial of Fair Public Trial

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. There are no jury trials in cases brought under the PTA. Confessions, which are inadmissible in criminal proceedings, are allowed in PTA cases. Most convictions under the PTA rely heavily on them. Defendants bear the burden of proof to demonstrate that their confessions were obtained by coercion.

The security forces, however, are not required to obtain warrants for searches conducted under either the ER or the PTA. 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 ER.

Progovernment Tamil militant groups, nominally operating under government control, use forced conscription. There are credible reports that Tamil youth in the east in particular have been forced to join these groups under threats to themselves and their families.

The LTTE routinely invades the privacy of citizens. It maintains an effective network of informants. In 1990 the LTTE evicted thousands of Muslim residents from their homes in the north. These Muslims currently live in refugee camps, although a few have begun returning to their homes in Jaffna.

Page - 10:

g. Use of Excessive Force and Violations of Humanitarian Law In Internal Conflicts

The Government organized convoys of food to the roughly 500,000 civilians living in LTTE-controlled areas in the Vanni. During the year, it shipped 33,340 metric tons of food, and furnished an additional 17,997 metric tons through Multi-Purpose Cooperative Societies. These supplies, supplemented by locally produced food, were adequate to satisfy the short-term minimum food needs of most civilians. Nevertheless, the food situation in the Vanni was serious. Experts noticed an increase in anemia and a lower birth rate, both indications of lower levels of nutrition. Nutrition levels were below the national average, and there were confirmed cases of malnutrition, including hundreds of cases of malnourished children. Malnutrition resulted from several factors, including food shortages, poverty, and war-related dislocations. In addition, the LTTE appropriated government-supplied food for use by non-civilians. In September, using estimates that 400,000 people in the Vanni were in need of food assistance, the Government agreed with NGO's and international organizations that monthly deliveries of 6,000 metric tons were needed to provide a nutritional minimum of 15 kilos per person. However, subsequent monthly shipments averaged only 3,400 metric tons.

The Government maintained a long-list of prohibited "war-related" medical items, such as sutures, Plaster of Paris, IV's, bandages, and some drugs. NGO's and other groups desiring to take these items to LTTE-controlled areas in the Vanni needed permission from local officials as well as the Ministry of Defense. Delays were common and approval was sometimes denied, lest supplies fall into the hands of the LTTE. As a result, many medical items in the Vanni were in short supply. This shortfall contributed to an already-serious deterioration in the quality and quantity of medical care furnished to the civilian population.

Page - 14:

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. Nonetheless, the war with the LTTE prompted the Government to impose more stringent checks on travelers from the north and the east and on movement in Colombo, particularly after dark. These security measures had the effect of restricting the movement of Tamils, especially young males.