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Clause 12(2) of the Constitution of the Country says:" No citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or on any one of such grounds".

We quote the case of one Markandu Sivavasagam. According to the affidavit given by him, he was deported from Holland and handed over to the Katunayake Airport officers. He was taken to a room and the officers demanded money – he was assaulted and then handed over to CID who in turn assaulted him asking for money. He was stripped of his shirts. His jacket and wristwatch were forcibly taken away, alleging him of helping the LTTE. He was finger printed and statements taken from him in Tamil and Sinhalease. His passport also was taken away- he was produced before Negombo Magistrate, and was bailed out by an unknown Tamil lady.

After 3 days he was taken by some men in civil, in a vehicle to an unknown destination. Again he was assaulted very badly. After 4 days of detention, he was dropped at the lodge from where they took him. On 18^th January 2000, he was produced at the Negombo Magistrate Court and left in police custody for 16 days with criminals and drug addicts. As he did not have any identity documents he was handed over to the Kotahena police station and was released. Off and on the police came to the lodge and harassed him to leave Colombo which again I am afraid is against the Fundamental Rights declared in the Constitution of The Democratic Socialist Republic of Srilanka. Besides, a sentry at a checkpoint has destroyed his release order. This individual has under gone torture and harassment at the hands of the security officers and he has left the lodge due to this. His whereabouts are not known. When we contacted the lodge staff they said that he is loafing on the roads [?] We are trying to trace him.

On 16^th March 2000 twenty Sri Lankan asylum seekers deported from Germany arrived in Sri Lanka and of the 20 deportees 19 were Tamils. On arrival the CID arrested them and after interrogation they were produced at the Negombo Magistrate’s Court. 18 of the deportees were released immediately and the Negombo Magistrate remanded two. The two remanded were (Vythilingam Suthakaran and Subramanium Deiventhiran) subsequently released. This has caused a great panic among the Sri Lankan Tamils, who migrated to Germany and have sought asylum. This decision to deport Tamil asylum seekers is presumably due to the false propaganda made by the Government of Sri Lanka through its foreign missions that there is peace and stability in this Country.

This report is prepared to highlight the actual state of affairs that prevails in Sri Lanka and the problem faced by the deportees in Sri Lanka. The information contained in this report is based on actual facts and information obtained by us. We categorically state that the violation of Human Rights of Tamils by the Sri Lankan Government is the major cause for the mass exodus of Tamils seeking asylum in the Western countries.

Once returnees reach Colombo itself, they face major problems. First, they are constantly at risk of re-arrested at checkpoints. Most of them, in our experience, lack proper documentation (passports and ID cards). Immigration Officers at Katunayake Airport normally retain any travel documents issued by a Sri Lankan High Commission/Embassy abroad to assist the returnee in his/her return to Colombo Airport and issue a chit to the returnee. So, by the time the returnee is back in Colombo itself, if he has no passport or ID card, he is vulnerable, as a Tamil, to be arrested on suspicion of being LTTE.

Police and Security Forces had made it obligatory for all Sri Lankans to have their National Identity Cards (NIC) always in their possession and in case they happened to belong to the Tamil Community, then they are also expected to carry with them a copy of what is called a "Police Report." This Report is a must to all Tamils living in areas other than the Northern and Eastern Provinces in Sri Lanka and is a vital piece of document to all Tamils living in and around Colombo. Members of the Tamil Community have been arrested and taken into custody for their failure to produce these two documents at the time of security checks. It is to be noted that the so called Police Registration is not obligatory.

A deportee was arrested by the police when he went to register his name with them.

I write to state that Mr. Ampalavani Kuruparan of Saravanai East, Velanai, Jaffna is known to me.

Tamil Deportees could be arrested and detained under three forms of legislation.

1. Arrest & Detention under the Immigration & Emigration Act

2. Arrest & Detention under the Prevention of Terrorism Act.

3. Arrest & Detention under the Emergency Regulations

1. Arrest & Detention under the Immigration & Emigration Act

Immigrants and Emigrants Act

We also wish to point out that Sri Lankan deportees from abroad, if they are Tamils, are often viewed with suspicion by the Airport authorities at Katunayake. The Airport officers always single them out for thorough scrutiny. For Tamil passengers the Immigration formalities are not a matter of few minutes but hours and days at times. There are many reported cases of harassment quite apart from the arresting of the deportees.

On arrival they are arrested at the airport and taken for interrogation by the CID and there after generally produced at the Negombo Magistrate’s Court under the Amended Immigrants and Emigrants Act. Here these suspects are more often imposed with a fine of Rs. 100,000/- and one year rigorous imprisonment.

The Amendment Act No.42 of 1998 was introduced under pressure from Governments of Western countries where Tamils seek asylum. This Act was amended in July 1998. It was expected to prevent the smuggling of illegal immigrants and reduce the number of Tamil asylum seekers who end up in Europe.

By this amendment the fine imposed on a deportee was increased from Rs. 50,000.00 to Rs. 200,000.00 and a prison sentence from one year to five years. The burden is on the suspect to prove that he did not leave Sri Lanka illegally.

The introduction of the amendment to the Immigrants and Emigrants Act has led to a heightening of the checks of deported asylum seekers at the airport. Asylum seekers deported back to Sri Lanka are automatically considered suspects and are arrested upon their arrival at the Airport.

In terms of this amendment people who left the country illegally in the past will be under suspicion and arrested upon their arrival on Sri Lanka. If a deported asylum seeker does not possess a valid passport upon arrival at the Airport and is travelling as pointed out earlier with an Emergency certificate, this will automatically lead to the suspicion of an illegal departure.

We give below a case where a deportee had to serve a full year jail term.

"One Thambu Mahendran who was deported from Germany was charged and sentenced under the New Immigrants and Emigrants (Amendment) Act of 42 of 1998 in Negombo in Case No. 42073. He was remanded on 18/01/99 and convicted on 19/02/99. He was imprisoned for one year from the said date, that is 19/02/99. He is now serving the sentence in Welikade Prison.

He is sentenced under S.45 (1) and 45 (1) F of the Immigrants and Emigrants Act.

We give below the relevant section for your information.

(02). Section 45 of the Immigrants and Emigrants Act (hereinafter referred to as the "principal enactment") as last amended by act, No. 16 of 1993 is hereby further amended as follows:-

1. by the substitution, in subsection (1) of that section, for all the words from "shall on conviction" to the end of that section, of the words "shall on conviction be liable, in the case of an offence under paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) paragraph (f) or paragraph (g), to imprisonment of either description for a term not less than one year and not more than five years and to a fine not less than fifty thousand rupees and not more than two hundred thousand rupees, and in the case of an offence under paragraph (h) or paragraph (i) or paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) or paragraph or (n) or paragraph (o), to imprisonment of either description for a term not less than six months and not more than five years and to a fine not less than fifty thousand rupees and not more than two hundred thousand rupees".;

2. by the addition at the end of that section, of the following subsection:-

(6) Notwithstanding anything in the Code of Criminal Procedure Act, No. 15 of 1979-

(a) the provisions of section 303 of that Act shall not apply in the case of a person who is convicted;

(b) the provisions of section 306 of that Act shall not apply in the case of a person who pleads or is found guilty,

by or before any court, of any offence under subsection (1) or subsection (2)".

(Section 303 is about Suspended Sentence of imprisonment- Where an offence is punishable with a prescribed period of sentence that sentence could be suspended until he commits another offence with a imprisonment.)

(Section 306 is about Conditional Discharge of offenders- Any person convicted could be granted a conditional discharge taking into consideration his character, antecedents, age, health or mental condition of the offender and conditioning him to be of good behaviour.

The Immigration & Emigration Act specifically states that when someone is arrested under this Act bail cannot be granted, but nowadays the Magistrate of Negombo generally grants bail, may be because of pressure exerted through Mr. Hon. Douglas Devananda M.P. Secretary General of E.P.D.P.

 

2. Arrest & Detention under the Emergency Regulations

We also wish to point out that deported suspects who were taken into custody by the CID have been tortured. Torture occurs regularly in Colombo and is especially directed against Tamils on the basis that they are LTTE suspects. We have been informed by deportees that upon arrest at the airport they were taken for interrogation and tortured by the police officers.

We quote a letter written by our secretary at the initial stages to the Anti Harassment Committee about this unfortunate happening that occurred to this deportee.

Earlier – up to early 1998- we came across widespread torture in the form of putting petrol bags round the face, pulling out fingernails, burning parts of the body and putting the male organ in a drawer and slamming the drawer shut onto it. The present trend of torture has advanced to the extent of drilling the anus with a drill, though beatings are much more common. In the outer areas of Colombo, they are still using the petrol bag over the head.

Our clients tell us that torture goes on taking place at police stations in Colombo. Beating with sticks and fists is common. It is routine when the Police really have suspicion of LTTE involvement. A severe problem is that their methods of deciding whom to suspect of Tigers involvement are very random, so many innocent Tamils get caught up, including deportees.

We quote an example, which illustrate the problems confronting a woman asylum deportee. The woman in question was deported from Switzerland, but her husband was allowed to remain there. She came and saw the Secretary of the Forum for Human Dignity. Her parents live in Vavuniya but she is only given 3-day passes to go there and has to return to Colombo after each 3-day visit to them. Her parents cannot afford to live in Colombo, where the cost of living is very high- even if they could get permission. She was forced to live in Colombo alone. Tamil women do not live in lodging houses in Colombo alone. They would be exploited and harassed by men. It is against the culture. They are not safe.

The young Tamil man named above is believed to have been arrested by the army on 15th December 1999. Since then he has "disappeared". Amnesty International has received unconfirmed reports that he is in the custody of the Directorates of Military Intelligence in the capital, Colombo.

1. One Sellathurai Nanthakumar was deported from the U.K on 10^th December 1998. He had arrived on 11^th December 1998. There after we heard about him after our valiant effort. We quote bellow letters written by us in this connection.

I write on behalf of my client Mrs. R. Sivanesan of 76, Henley Road, Ilford, Essex, 1G 12TX, U.K.

After we reported about this to the Anti- Harassment Committee, this news item was published in the paper. On 13-03-99 (Saturday), we got a call from Virakesari saying that some one telephoned and told them (Virakesari) that the said Sellathurai Nanthakumar is in Negombo prison. So we sent our Junior Lawyer Trini Gordon Rayen to Negombo prison on Monday in the afternoon. He could not meet him on that day. Then they asked him to come on the following day. When he went there on the following day, they had told him that he was not there.

Later with great difficulty we traced him in Negombo Prison and took him out on bail. He was discharged by the Magistrate Court of Negombo on 17-08-99.

2. Another mental patient from a Hospital in London was sent back on 03-02-99. He too does not have immediate family members here. He was also reported missing. But we have traced him now in Trincomalee.

He is Krisnapillai Sahathevan 28 Years of Ponnalai, deported on 03-02-99 from London. Now he is in Trincomalee. We received a letter from one Mr. M. Sabaratnam from Trincomalee stating that the said deportee is now in Trincomalee and taking treatment for his mental illness.

1. Non possession of a Police Registration and or National Identity Card
2. Marks and Scars on any part of the body
3. Disability of persons.

All Sri Lankans are made to carry a NIC although it is not a legal necessity. If a person looses his/her NIC, applying for a new one is a difficult task. A deported person would face this problem for the reason that he may not have a NIC. In order to obtain a new NIC he may have to stay in Colombo for several months.

Besides this they have to register with the police and obtain a police report. For that, they normally require an NIC. Different police stations operate different procedures and give registration for different periods. (With money, anything can be done, but many returnees do not have money.) Deportees would not normally get indefinite registration by the police in Colombo. They will have to go on renewing their registration. This has caused great difficulty, alarm and displeasure amidst all Tamils in Colombo and are now required to have police registration although, there is no legal basis for this.

A form obtainable at the area Police Station is duly filled in duplicates by the Chief Occupant of the household and submitted to the Officer-In-Charge (O.I.C) of the area Police Station. On his signing this Form, a copy of which is (referred to as Police Report) given back to the Chief Occupant of the household while the other copy is retained by the OIC of the Police Station. This form reveals all details of persons permanently and temporarily living in the Chief Occupant’s house and their relationship to the Chief Occupant. This includes names of relations, visitors, servants, tenants or sub tenants etc. besides the members of his own family residing with the chief occupant.

As to whether such Police Registration Certificates should be produced at Check Points, there seems no Legal Provisions to this effect. Nevertheless, these Police Reports are essentially required to be produced along with the N.I.C.s at the checkpoints. It has now become a practice to detain Tamils who fail to produce the Police Report even in spite of their producing all other Documents including the N.I.C. to prove their identity. Many instances of arrests of Tamils for their failure to produce the Police Report despite their possession of all other documents of identity too are common occurrences.

Tamil returnees (or Tamils coming direct to Colombo from the North or East) whose bodies bear significant marks or scars or injuries, are at once suspected as persons who are LTTE activists and they then face arrest without the need for any further reason.

A mark (scars) on the body also arises the suspicion. The Police and the Army consider these to be of prime significance because they think that those who have them have either been fighters for the LTTE or must have trained for them. If a Tamil is seen to have marks, he/she is immediately suspected. This is so important that it is worth elaborating on this here.

Torture of Tamils in Colombo continues. One recent case the Forum for Human Dignity has been acting in, has the following historic background. The client is Mr. Kathiravel Kamalrajan, now aged about 25. He was first arrested, in the North, on 25.5.96 – at Kaithady in the Chemmani area (where numerous corpses of Tamils killed in 1996-97 by the Army have recently been exhumed). They were indiscriminately arresting Tamils in the North. Kamalrajan, who was one of those arrested then, was taken to the Army Camp at Kopay and tortured very badly.

Kamalrajan is an example of someone who has experienced problems over scars. Torture scars are visible on his lower arms and hands – difficult parts of the body to conceal here. Most just wear short-sleeved shirts so it is hard to conceal these injuries. He has worn long-sleeved shirts all the time because of all the problems he has had with the Security Forces over his scars.

Sexual abuse of male Tamil detainees by policemen and Army members is also on the increase. They appear to get pleasure from abusing Tamils in this humiliating way.

The Security Forces would be, potentially, even more suspicious of surgical scars than other scars –or, at least, equally suspicious. They think that something has happened while fighting for the LTTE which has necessitated surgery. Some members of the Security Forces are probably not bright enough even to know how to distinguish a surgical scar from other scars anyway.

Another source of suspicion is disablement –especially of the hands or legs/feet. If a Tamil has this, the Security Forces assume it to result from an injury suffered while fighting for the LTTE. A lot of Tamil suicide bombers in Colombo are female, so this suspicion affects Tamil females as much as males. These forms of disability pose at least as much of a danger as scars.

Colombo is generally only a transit point for most Tamil returnees who have been refused asylum abroad. They either go back to the North and East (despite both being war zones) or, if they can find the money, try again to flee. Living long-term in Colombo is not practical for most asylum seekers.

The "Safe South" of Sri Lanka for Tamil civilians is a myth in view of the harrowing experience of some of the returnees. If he or she is a deportee then the story is much more harrowing as he or she could be subject to instant arrest and detention, kept in custody and then produced before the Magistrate. E.g. The case of Consalas Joseph who was deported from Germany on 22/08/98, was re arrested after the recent Rajagiriya attack by the LTTE. While he was living at 55/26, Avissawalla Road, Urugodawatta. Now he has been remanded at the Welikade Prison.

In this connection we quote below our letter dated 17^th September 1998 and the Email dated 13^th March 2000.

If a Tamil asylum seeker in European country is deported to Sri Lanka he would find it extremely difficult to stay in Colombo. He may not be able to go to places like Vavuniya due to the restrictions imposed on his freedom of movement in that district. He would be completely at the mercy of the police and security personnel. In Colombo he may even find it difficult to stay in a private lodge. He may find it extremely difficult to obtain a police report. There are instances when a deportee who had gone to the police station to obtain a police report had been arrested. One Ampalavani Kuruparan faced this problem we have protested over this type of harassment.

Returned Tamil asylum seekers tend not to stay in Colombo. Police put pressure on them to leave. They are so scared when they return here, they have heard so much while abroad, so they generally get tensed and nervous. This also contributes a great deal to the amount of people, who get arrested on vague suspicion.

Nowadays, it is impossible for them to get jobs in Colombo. Even Colombo Tamils find it really hard to get jobs. For a returned asylum seeker, it is far harder still. Even people like us hesitate for a long time before employing a Tamil here since, if there is something wrong in the person’s past, the employer is going to get into trouble too.

Nobody will normally accommodate a returned asylum seeker, especially a youngster, even in a Tamil house. One may not know who is who –or, if it is a relative, whether there may have been past secret LTTE involvement, so people are even reluctant to put up their own relatives unless it is a really close relative (not even a cousin or nephew) in case there is any reason for the Police to suspect LTTE involvement. Otherwise, the person accommodating the deportee will be in trouble too – so nobody will accommodate these people and all therefore have to be in Lodges.

A returned Tamil asylum seeker originating outside Colombo faces an impossible dilemma because they may well want, in their hearts, to go home to their native area of Sri Lanka. However, such a person cannot go back to the North without clearance from the Ministry of Defence, which has to be obtained via the Police. All citizens have to get permission to go to Jaffna from Colombo – or Vavuniya, where you can only stay on a day pass usually.

It takes a few months to get permission to go to Jaffna unless you pay bribes to get the necessary clearance. Many of these procedures are just perceived by the Security Forces as opportunities to help them make money. If a bribe is paid in this context, then clearance may be issued as a mere formality – but this is a very unsatisfactory way of proceeding. Returned asylum seekers often do not have money to pay bribes with. They would also need to pay for the air ticket to fly to Jaffna.

A returned Tamil asylum seeker, when trying to get an Army Identity card in a cleared area (i.e. cleared of LTTE) or when otherwise coming to the Army’s attention in the North, if he somehow managed to get back there, would be in big trouble if there is any indication of past LTTE involvement. A high percentage of Tamils in the North have past or present LTTE involvement. Even withholding information about someone else’s involvement with the Tigers, is an offence under section 5 of the PTA. A great many of the 800 or so Tamil inmates in Kalutara Prison are held on suspicion of this.

The gravity of the situation fluctuates here. It is particularly bad at the moment because of the recent LTTE bombings in Colombo.

It is clear that the International community has now recognized that human rights violations are a major cause of mass exodus in Sri Lanka. As pointed out in the preceding paragraphs the Tamils are being denied their basic rights and are harassed by the security officers. Due to the ongoing war the Tamils in the North and Eastern province are displaced. The Tamils are always suspected as members of the LTTE. They are undergoing grave and unbearable hardships. In places like Vavuniya displaced Tamil people are confined in camps established and maintained by the state. These camps are called as welfare centres. From these camps an inmate is permitted to go out to the town for a limited time of about 4 hours. There are also other different categories of restrictions imposed by the security personnel by issuing different category of pass. Such a pass is issued for 3 days duration, 3 months duration and a permanent pass. This pass system was introduced in or about 1996 and the people in this district and those intent to enter and or leave this district are undergoing grave headship in total violation of their Fundamental Rights to move freely.

Forum for Human Dignity urge the European countries to consider the Human Rights Violations to Sri Lankan Tamils, and seriously consider this problem before a Sri Lankan Tamil could be voluntarily repatriated.

In our view as long as violations of Human Rights persist in Sri Lanka to Tamils of the North and east, it is doubtful whether any asylum seeker who has sought refuge in European countries would decide to return voluntarily. Restoration of respect for and promotion of all categories of Human Rights and the cessation of violent conflict in Sri Lanka are the necessary condition for the voluntary return of refugees. As long as Human Rights violations continue to persist in Sri Lanka ,mass exodus of Tamils will continue. If peace is not restored, as pointed out above the deportees would be subject to sever harassment at the hands of security personnel.

We also wish to point out that at the time of writing this report the situation in the Colombo capital is rather volatile. The police and security personnel are rather severe on the Tamils after the recent Rajagiraya attack by the suspected LTTE. A large number of Tamils were arrested and detained after this incident including one Joseph Consals who was deported from Germany to Sri Lanka. He was living at the time of his arrest at number 55/26, Avissawalla Road, Urugodawatta. Now he has been remanded at the Welikade Prison.

Incidents of Tamils being harassed on the basis that they are Terrorist are on the increase. We wish to make specific mention of the following incidents:-

1. A Tamil student – M. Gopikrishna – of Hindu College Colombo (Bambalapitiya) who was travelling from Negombo in a train was assaulted on 22^nd March 2000 by some Sinhalese passengers falsely alleging that he carried a bomb in his school bag and he was pushed down from the moving train. He was also abused by Sinhalese passengers on communal basis.
2. In another incident Tamil passengers travelling from Puttalam to Colombo have been harassed on a communal basis.
3. When a Hindu Priest ran to board a bus in Ingiriya he was caught by some people and was handed over to the police and the priest has been remanded by the police.
4. In another incident on 25^th March 2000 at Wellawatte in a private bus coming from Moratuwa to Pettah a Tamil passenger was pushed out of the bus by its conductor just because he was a Tamil.
5. At Slave Island in Colombo a woman had been stripped. The victim of the incident happened to be a Sinhalese but the news reports indicate that she was suspected a "Tamil" terrorist. This unfortunate incident speaks of the unsafety of ladies – in particular Tamil ladies.
6. On 27/03/2000 – a senior Tamil citizen who was reading a Tamil newspaper at a newspaper stall near Roxy Theatre Wellawatte was attacked by 3 unknown persons who had snatched the Tamil newspaper and torn the same and abused him on a communal hatred basis.

We also wish to point out that the war between the LTTE and the Government of Sri Lanka is continuing. The Government is also involved on a constitutional reform process. Norwegian Foreign Minister Knut Vollebaek also visited Colombo on February 16^th to explore the possibility of bring the Government and the LTTE back to the negotiating table. In the meantime LTTE on the 25^th March, mounted an assault on artillery positions at Pallai and Elephant Pass. Since then heavy fighting is continuing. According to reports available large number of soldiers were killed and also reported to be missing. Large number of civilians were also reported to be displaced.

The security forces have been given arbitrary powers of arrest and detention. These wide powers have contributed to the prevalence of Human Rights violations and exercise of arbitrary authority. Years of ethnic strife and conflict has left a legacy of violence and an on-going civil war has left Sri Lanka as a cleft country. The high profile role of the state security apparatus and a complete clamp down on the media to report events freely and the Government’s control of the state media, and lack of access to places to obtain facts independently casts an immense responsibility on the NGO’s and HR’s organization, to be vigilant and monitor fairly and impartially. The Forum for Human Dignity will not abdicate its responsibility as a HR watch, whether the breach of human rights comes from the state or its opponents.

It shall be noted that the Tamils who are arrested, tortured and detained and the Asylum seekers who are displaced, arrested, tortured and detained after arrival are all not common criminals. They are all civilians with no criminal record whatever. It is unfortunate that they should be subjected to such inhuman treatment as if they are common criminals.

These will no doubt affect them mentally and physically which should not be allowed to happen in the interest of a civil society.

In conclusion, Forum for Human Dignity appeal and urge the Western countries to seriously monitor the current situation in Sri Lanka and not to deport the Sri Lankan asylum seekers to Sri Lanka till a political solution is found and implemented fully.