Enforced disappearances in Sri Lanka: Legacy and ongoing challenges
Featured image courtesy TamilGuardian
(This is an abridged version of a presentation made at a meeting at the University of London on 25th April, 2016. The full version can be read here)
Enforced disappearance of persons remains one of the widely known human rights violations in Sri Lanka. The machinery that had been set up during the past to perpetrate such incidents appears to have slowed down as a consequence to the passing of a Resolution at the UNHRC in September, 2015. However, this machinery could be switched on again if those in authority so desire. Dismantling this machinery and destroying the remains, is a challenge the government has to face.
The government has to now deal with an untenable number of complaints of disappearances that have been lodged with various national and international institutions calling for help to trace those who have disappeared. A bulk of the complaints relate to either the disappearances of persons after being abducted, handed to the security forces by wives or other relatives in response to a call by the military during the closing days of the war, or of those who surrendered to them in the presence of witnesses. There are also allegations of torture and sexual abuse of persons who had been in custody. Having to deal with these complaints along with those of enforced disappearances, to the satisfaction of the victims, is a daunting legacy the government has to face.
Long years of Emergency Rule and the availing of the obnoxious provisions of the Prevention of Terrorism Act, have blunted the knowledge of the Police and the security forces of the manner in which they should deal with law and order issues during peace time. Extracting information and/or confessions from suspects by torturing them, continues to be the norm. The forces appear to know no other way in which investigations into allegations against suspects could be conducted. The government is now left with a legacy of a Police force that has gained experience in performing more military duties than civilian functions. Bringing about a metamorphosis in their mentality and methods of investigation is another challenge the Government has to face to restore law and order
Persistent pressure on the Government to remove the Emergency Regulations (ER) made the previous regime, remove it ostensibly.[1] But soon afterwards the much maligned provisions of the ER were tagged on to the provisions of the Prevention of Terrorism Act (PTA) making it more virulent than it was before. [2]
It is the provisions of the PTA that enables persons to be abducted and detained instead of being arrested. Consequently there has arisen a need to remove the PTA from the laws of the land. The Prime Minister of Sri Lanka has stated recently that soon a British style anti-terrorism law will be introduced in place of the existing PTA.[3] Let us hope that the new law does not turn out to be the same wine in a different bottle.
