Government's Response to Widespread "Disappearances" in Jaffna

"Amnesty International, please ask the President of Sri Lanka for our children"

This was written on a placard put up by relatives of scores of people who reportedly "disappeared" in the Jaffna peninsula in the middle of 1996 during their meeting with Amnesty International representatives visiting the area in August this year.

More and more evidence is emerging of the "disappearance" of approximately 540 people in six months in the middle of 1996 in the Jaffna peninsula. It is now feared that nearly all of those who remain "disappeared" after their arrest by the security forces about a year ago died under torture or were deliberately killed in detention.

For months, the specific conditions prevailing in the area at the time prevented the full story of these widespread "disappearances" from emerging. After some members of parliament and local and international human rights organizations expressed concern, the government in November 1996 established a Board of Investigation (BoI) in the Ministry of Defence to investigate the reports of "disappearances". At the time of writing, the BoI had been able to trace 180 people out of 760 complaints. The circumstances in which the BoI's investigations have to be carried out, including the continuing displacement of civilians in the peninsula, may to some extend have contributed to a delay in finalizing the investigations. According to the Ministry of Foreign Affairs, the Human Rights Commission (HRC) of Sri Lanka established in March 1997 is also investigating 274 cases of "disappearances" reported from Jaffna district.

There is no evidence to suggest that the sanction for "disappearances" came from the political leadership of Sri Lanka. However, the government has to take responsibility for failing to protect the lives of civilians under its jurisdiction. By the time government authorities in Colombo acknowledged the reality of what was happening in Jaffna, approximately 600 people had been reported "disappeared". Hundreds of others were victims of torture at the hands of the security forces. There were also several reports of rape by members of the army.

It appears that in particular the firm action taken by the government to investigate the "disappearance" of Krishanthy Kumarasamy, an 18-year-old schoolgirl from Kaithady and bring to justice those responsible for her killing curbed the number of "disappearances" reported from the peninsula. Krishanthy Kumarasamy was arrested by the army on her way home on 7 September 1996 after sitting an examination paper. Her mother, Rasammah Kumarasamy, her 16-year-old brother Pranaban Kumarasamy, and a family friend, Kirupakaran Sithamparam also "disappeared" after they were taken into custody at the same army checkpoint. They had gone to inquire about Krishanthy Kumarasamy's arrest. All four bodies were found in shallow graves in mid-October 1996. The arrest of nine members of the security forces and the legal action subsequently initiated served as a signal to the security forces that the government would not tolerate such human rights violations. At the time of writing, the trial-at-bar of nine soldiers charged with abduction, rape and murder was scheduled to start on 1 November 1997.

Nevertheless, Amnesty International continues to receive reports of "disappearances", albeit on a smaller scale than in mid-1996. For instance, in the first half of 1997, 41 cases of "disappearances" were reported from Jaffna, four of whom have so far been traced by the BoI. (See Appendix A for details of the remaining 37 cases) Reports of "disappearances" also continue to be received from other parts of the country. For instance, during the first half of 1997, 16 cases were reported from Batticaloa district and three from Mannar district. There have also been allegations of "disappearances" from Kilinochchi district, but Amnesty International has not been able to obtain confirmation of these reports.

The Amnesty International visit to Jaffna

A three-member Amnesty International delegation travelled to Sri Lanka in August 1997.[1] Two of the delegates visited Jaffna between 13 and 19 August 1997. This was the first Amnesty International visit to Jaffna since 1982. During their visit to the peninsula, the delegates were able to travel around freely. They met the military commander in charge of the peninsula, the military commander in charge of Valikamam (the western part of the peninsula, see map of Jaffna on next page) and the islands, representatives of various political parties as well as community leaders, lawyers and representatives of the local and international non-governmental organizations. They also interviewed dozens of victims of human rights violations, including relatives of the "disappeared" and survivors of torture and attempted extrajudicial executions.

In Colombo, the delegation met with high-level government officials, including the Minister of Foreign Affairs, the Minister of Justice, Constitutional Affairs, Ethnic Affairs and National Integration, the Secretary, Ministry of Defence, the Attorney General, the Inspector General of Police and Deputy Inspector General of Police (Crime). They also met members of the HRC and of three Presidential commissions of inquiry into past human rights violations. In addition, the delegates had a long meeting with the members of the BoI.

In late October 1997, on the occasion of the Commonwealth Heads of Government meeting in Edinburgh, Scotland, the Secretary General of Amnesty International met President Chandrika Bandaranaike Kumaratunga. They held discussions about the human rights policy of the government and the implementation of some of the recommendations listed in this report. Around the same time, comments on a draft of this report were obtained from the government. These have been reflected in the text, where appropriate.

Background information

The Jaffna peninsula in northern Sri Lanka was under the control of the Liberation Tigers of Tamil Eelam (LTTE) since mid-1990. Between late 1995 and early 1996, the security forces undertook four large military operations and succeeded in regaining control. Amnesty International was encouraged by initial reports that the security forces were behaving with more discipline than Jaffna residents had experienced in the mid-1980s.

Between 1983 and mid-1987, there had been widespread human rights violations, including torture, "disappearances" and extrajudicial executions in the north and east. These violations had occurred in the context of an escalating armed conflict between the security forces and armed secessionist Tamil groups. More than 680 cases of "disappearances" were reported during that period. After July 1987, an Indian Peace Keeping Force (IPKF) was responsible for security in the area under the terms of the Indo-Sri Lanka Accord aimed at providing greater regional autonomy, among other things. During the time of the IPKF presence in the north and east, Amnesty International recorded 43 "disappearances" for which members of the IPKF were believed responsible. The IPKF left Sri Lanka in early 1990.

After the armed conflict between the LTTE -- which by that time had emerged as the main armed opposition group -- and the government forces resumed in June 1990, the number of those reported to have "disappeared" or deliberately killed at the hands of the Sri Lankan security forces, particularly in the east, reached thousands within months.

By mid-1990, the LTTE established firm control over territory as well as the civilian population in the north. It prohibited almost all expression of dissent within the area and was responsible for the unacknowledged detention of hundreds of Tamil political prisoners and members of the Muslim community on suspicion of being "traitors". In addition, it summarily executed scores of Tamil people considered to be informants, often by tying their bodies to a lamppost with a placard stating the "charges" hanging around their neck. It was also responsible for the torture and ill-treatment of prisoners and of children who were coerced and sometimes forced to join the armed group.

The devastating armed conflict in Sri Lanka has continued to deprive the civilian population of an environment in which they can enjoy their human rights with dignity and respect. Both the security forces and the armed opposition group, the LTTE, have been responsible for catalogues of human rights violations and abuses, and have ignored safeguards in international law to uphold some of the most fundamental rights of Sri Lankans citizens, such as the right to life and liberty of person.

Amnesty International takes no position on the validity of the underlying political and socio-economic issues. However, it believes that the only way forward is for both sides to acknowledge their responsibility for human rights violations and abuses and to take measures to halt such abuses.

For 14 years, Amnesty International has been highlighting the plight of the civilian victims of this armed conflict, making specific recommendations for the protection and promotion of their human rights.

This report identifies some of the positive initiatives by the government amid difficult political and military circumstances to address one of the most persistent human rights violations in the country, the "disappearances", but it also reflects Amnesty International's view that to deal with the problem fully, these initiatives must be followed with serious determination and commitment. Amnesty International hopes that the recommendations in this report will be implemented without delay.

In the south, between 1987 and 1990, the security forces seeking to suppress an armed insurgency within the majority Sinhalese community were responsible for killing tens of thousands of people, often under the cover of "disappearance". Unidentifiable bodies and sometimes severed limbs or heads were regularly displayed in public as part of the campaign of counter-terror. This pattern of mutilation and display, together with the use of plainclothes squads, was transferred to the east when the military returned there from the south after the resumption of hostilities in June 1990.

When the People's Alliance government came to power in August 1994, it pledged its commitment to human rights and introduced a number of safeguards to prevent torture and "disappearances". President Chandrika Bandaranaike Kumaratunga, elected in November 1994, also initiated negotiations with the LTTE towards a peaceful settlement to the armed conflict in the north and east. However, after the LTTE unilaterally ended the talks in April 1995 and fighting resumed, the pattern of "disappearances" began to re-emerge. During 1995, Amnesty International recorded 70 cases of "disappearances", mostly from the east and from the capital Colombo. During 1996, as stated above, approximately 600 cases were reported. This represents the highest number in the country since 1991, when 410 cases had been recorded by the United Nations Working Group on Enforced or Involuntary Disappearances (UNWGEID).

The Jaffna peninsula: cut off from the rest of the country

Between July 1995 and May 1996, the security forces undertook four large military operations in the Jaffna peninsula aimed at regaining control from the LTTE. Throughout this period, access to the peninsula was severely restricted. In addition, formal censorship was imposed under Emergency Regulations (ERs) at the start of Operation Riviresa in September 1995 and again, on 19 April 1996, at the start of Operation Riviresa II. The first period of censorship ended in late December 1995, the latter on 8 October 1996.

Approximately 300,000 civilians, who had been forced by the LTTE to leave Valikamam during the offensives, started to return from Thennamarachchi and Vaddamarachchi in April and May 1996. Despite several obstacles put in their way by the LTTE, tens of thousands of internally displaced people also returned from the Vanni. The large majority were able to return to their homes, others took shelter with relatives because their homes had been badly damaged due to shelling or bombing or because the army was occupying them. Throughout the peninsula, the army had requisitioned houses and turned them into checkpoints or small temporary camps.

The military generally banned national and international journalists from visiting the area during the army's offensives, except on a few occasions when they took journalists under military escort for short visits. As a result, independent confirmation about alleged human rights violations was limited. Since early 1997 however journalists have been able to visit the area more regularly.

Human rights abuses by the LTTE

Over the last few years, Amnesty International has repeatedly appealed to the leadership of the LTTE for an immediate halt to the deliberate killing of civilians and other grave abuses by its members and to make a clear commitment to upholding human rights.

During 1997, Amnesty International held the LTTE responsible for the killings of Arunasalam Thangathurai, a member of parliament of the Tamil United Liberation Front; Mohamed Maharoof, a member of parliament for the United National Party (UNP), and several others. Amnesty International also expressed concern about the deliberate and indiscriminate killing of at least nine civilians in an attack on the World Trade Centre in Colombo on 15 October 1997.

Since the security forces took control over the Jaffna peninsula, there have been sporadic incidents of human rights abuses by the LTTE in the area. However, the most serious abuses have been reported from other parts of the country (see box) and thus fall outside the scope of this report. The human rights abuses by the LTTE in Jaffna have included indiscriminate killings of civilians during attacks on checkpoints or army patrols and summary executions of people suspected of being informants to the army or "traitors" to the LTTE cause.

On 9 November 1996, two grenades were thrown inside a shop at New Market, Jaffna town. Sunderambal Ragunathan, a 22-year-old female shop assistant was killed and 12 others, most of them also women, were injured. Scores of other civilians have been injured in crossfire or landmine explosions.

During its visit, Amnesty International recorded evidence of more than ten cases of summary executions (see Appendix B). In most cases recorded, the killings were carried out within a short period after the person was taken away from their home. A placard was left by the body stating that the person was killed for being an informant or a traitor. Among those killed was Sivayogini Patkunamanikkam, a woman from Nallur whose body was found on 19 July 1996. It was widely believed that she was killed because she had stayed behind when the LTTE, vacating the peninsula in late 1995, were ordering civilians to do the same.

"Disappearances": a familiar pattern

An analysis of the pattern of "disappearances" in Jaffna during 1996 indicates that, as was often the case in the past, the security forces resorted to "disappearances" in reprisal for attacks on their members by the LTTE in or outside the peninsula. The highest number of "disappearances" were reported in July and August 1996 (see graphic). Two specific incidents apparently triggered the sudden deterioration in the human rights situation at the time. The first was the killing of 12 civilians on 4 July during a suicide attack by a member of the LTTE on a convoy accompanying the then Minister of Housing, Construction and Public Utilities on a visit to oversee the rehabilitation work being set up in the Jaffna peninsula. In addition to the 12 civilians, which included the Chairman of the Cement Cooperation, eight members of the security forces were also killed during the attack. One of these was the brigadier in charge of Jaffna town.

The other main incident which sparked off the sudden deterioration was the killing of more than 1,300 soldiers during an attack on the Mullaitivu army camp on the east coast by the LTTE on 19 July 1996. This casualty figure was the highest reported in one single attack in the history of the armed conflict in Sri Lanka. In addition, dozens of soldiers were reported to be missing in action.[2]

Throughout July 1996, tension increased especially in the rural areas of the peninsula amid continuing attacks on military personnel. For instance, on 9 July, four soldiers were reportedly killed at Karaveddy, Vaddamarachchi; on 14 July, 13 soldiers were killed at Sarasalai, Thennamarachchi.

During this period, scores of people "disappeared" after they were taken into custody during round-up operations by the security forces. Such cases were reported from Gurunagar, Valikamam on 27 August 1996. On that day, the army rounded up hundreds of civilians and made them queue in front of eight informants at St.James Church, Main Street, Jaffna. At least ten among them, including Joseph Ganeshwaran, Vethanayagam Jerome Emmiliyanus and Wilden S Alphonse (alias Wilson) were blindfolded, put in an army truck and driven towards the Gurunagar army camp. Several relatives were witnesses to the arrest and detention but have been unable to trace their whereabouts since. Many other people "disappeared" after they were taken into custody at military checkpoints set up throughout the peninsula.

The police, who were gradually being deployed in the peninsula to assist the army, have not been named as being responsible for recent "disappearances" in the Jaffna peninsula. Members of the Eelam People's Revolutionary Liberation Front (EPRLF), a Tamil group opposed to the LTTE, have been reported to be acting as informants to the army. In addition, former members of the LTTE are assisting the army in identifying suspects. Members of other armed Tamil groups who have over the last few years been responsible for "disappearances" and other human rights violations in the east and Vavuniya have to date not been involved in similar activities in Jaffna. However, according to a report, people belonging to one such group, the People's Liberation Organization of Tamil Eelam (PLOTE), whose members cooperate with the army in other parts of the country, have been accused of abducting for ransom the brother of a local businessman.

One former member of the intelligence wing of the LTTE reported how, after two months in detention, the army started taking him against his will on cordon and search operations, with his head covered by a blindfold provided with a little opening. He was told to nod his head to point out members of the LTTE. On return to the camp, he claimed that he and other informants would be beaten if they had not pointed out anybody.

The "disappearances" of 39 young men arrested on 19 July 1996

On 19 July 1996, the day after the attack on Mullaitivu army camp, at least 39 young men reportedly "disappeared" after they had been taken away during a cordon and search operation by the army in the region around Navatkuli, Thennamarachchi division. The search commenced at Navatkuli at 9am, then proceeded to Thatchanthoppu around 11am, to Kaithady at 1pm and to Maravanpulavu around 1.30pm.

According to the testimony of one person arrested at Navatkuli, the army told all villagers to gather at the Koyilakandy Maha Laxmi Vidiyalam, a local school. About 100 people were told to file past four or five masked informants standing behind a cadjan fence. Shortly after 3pm, about 13 people were loaded into an army truck and driven away.

According to one of the people who was initially arrested but later released, all of them were blindfolded and had their hands tied behind their backs. On their way, they could hear others being put on the truck, including people from Maravanpulavu. A witness from Maravanpulavu North confirmed that the villagers of Maravanpulavu were told to gather at Alady junction, and that about 75 people gathered there. He estimated that around 25 of them, who had been identified by seven masked informants sitting in a van, were loaded onto the truck coming from Navatkuli. Around 5pm, the truck headed for the main army camp at Navatkuli, established on the premises of "Lakshmi" rice mill.

The same witness, an ex-prisoner, also testified that in total more than 85 people from the villages around Kaithady were brought to the camp that evening. Throughout the night, screams were heard of prisoners being beaten.

On the next day, around 9am, army personnel called out several names of prisoners. The blindfolds of those whose names were not called out were removed around 2pm and they were photographed. It was only then that the witness realized that those whose names had been called out earlier that morning were not there. After the photographs were taken, 47 prisoners were put in an army truck and taken to the Kankesanthurai police station. The remaining 39 to date are unaccounted for.

The relatives made inquiries at the army camp and were told by army personnel at the entrance that those detained in the operation would be released once investigations were over. The grama sevaka (village headman) of Navatkuli made inquiries on 20 July 1996. He was reportedly told that those detained on the previous day had been transferred to another army camp, but was not given the name of the camp.

Despite numerous inquiries at local army camps and appeals to local and national authorities, to date the fate or whereabouts of the people taken away on that day remain unknown. (See Appendix C for list of names)

Bodies in disused wells, lavatories and shallow graves

Several people interviewed by Amnesty International alleged that the bodies of people killed in custody were dumped in disused wells and lavatories in or near army camps. They alleged that in certain areas the smell of putrefying bodies is emanating from these places.

A 21-year-old son of a farmer from Meesalai, Thennamarachchi in a sworn statement obtained by Amnesty International alleges that he was arrested on 31 July 1996 on his way to visit his grandmother when passing an army checkpoint near his home. He accounts what happened subsequently:

"...the army personnel ... hit me with the rifle till I fell down.. After I fell they tied both my hands together and with the legs also together covered my face with a shopping bag. Due to this I could not breath properly and was rolling on the ground.

" Thereafter they were throttling my neck by placing a cloth around it and by pulling it from both ends. This was followed by cutting me by the knife fitted on the gun. One of the soldiers stabbed me on the back of my body at six places... This was followed by cutting at my neck, since there was a cloth around [it] it did not cause much injury. Thereafter one of them cut in my head at two different places which caused fairly deep injuries. Then I felt I was losing consciousness.

"At that stage I was able to feel an attempt .. to remove the two golden rings I was wearing. Since the rings did not come out they sliced the two fingers with the knife. I lost consciousness.

"When I recovered I found that it was dark and that I was in a lavatory pit partly covered. The insects in the pit were attacking me by biting at my cut wounds. Due to this I raised cries."

Fortunately, army personnel who were occupying the checkpoints returned to their camp after dark. Therefore, no army personnel heard his cries during the night. However people in the vicinity heard his cries and when his parents came searching for him on the following morning, they told them they had heard someone crying from the pit close by. He was then rescued from the pit.

In the weeks after this incident, there were reports of another body having been found in a lavatory pit. Other witnesses claim they saw how bodies were burnt by the army but did not have information about the identity of the bodies.

A former informant interviewed by Amnesty International testified that he and three other informants were forced by the army to question two brothers from Chavakaddu who had been taken into custody at the local army camp. One of them was lying on the floor and asked for water. The informant tried to give it to him, but the prisoner was too weak to drink and died shortly afterwards. Army personnel then ordered the group of four to put the body in a polythene bag. Subsequently, the four were taken away so they were not able to see how the body was disposed off.

Government action to bring a halt to "disappearances"

Among the measures introduced by the government shortly after it came to power were the establishment of three presidential commissions of inquiry to investigate past gross human rights violations, including the thousands of "disappearances" reported since 1 January 1988.[3] The commissions started work in early 1995 and presented their final reports to President Chandrika Bandaranaike Kumaratunga on 3 September 1997. Throughout this period they submitted regular interim reports on the progress of their investigations.

In a welcome move, the government announced on 3 September 1997 that the interim and final reports of the three commissions would be made public. It also announced that prosecutions would be initiated in those cases where the commissions found prima facie evidence and that a new commission would be established to examine the complaints which the three commissions were not able to inquire into before their term ended.

Although at the time of writing, the reports of the commissions were being printed and thus not yet publicly available, Amnesty International understands that the commission responsible for the north and east did not investigate the reports of "disappearances" in Jaffna during 1996.

In March 1997, the members of the HRC were appointed, eight months after the Act establishing the HRC was passed in Parliament. In late June 1997, the government announced that the function of monitoring the welfare of detainees which had till then been entrusted to the Human Rights Task Force (HRTF) would be transferred to the HRC as of 1 July 1997.[4]

Throughout 1996, local and international human rights organizations campaigned for an office of the HRTF to be opened in Jaffna. However, apart from a two-day visit to Jaffna in mid-November 1996, the HRTF was not able to carry out its mandate in the Jaffna peninsula. Amnesty International believes that the lack of monitoring of the welfare of detainees throughout this period contributed to the high number of "disappearances" reported at the time. In early October 1997, three members of the HRC visited Jaffna and identified premises for a regional office, which is now expected to be opened in November 1997. During its visit, Amnesty International pressed upon the members of the HRC the urgent need to open a regional office in Jaffna. Government officials in Colombo and military authorities in Jaffna all agreed that there was a need to have an independent authority locally available where complaints can be lodged.

As stated above, after a lot of publicity surrounding the case of Krishanthy Kumarasamy in late 1996, the BoI was established in the Ministry of Defence. Initially a military person was put in charge of the investigations but amid protest over the lack of independence of the BoI, a civilian, Bandula Kulatunga, was appointed. The four other members are senior officers of the security forces. As of August 1997, the BoI has visited Jaffna on four occasions and recorded evidence of 368 complainants. Amnesty International was informed that during the next phase of the investigations by the BoI, it intended to call for reports from the relevant heads of the security forces.

The General Officer Commanding (GOC) of the 51 Division of the army in Jaffna informed the Amnesty International delegation that he had introduced several measures in early 1997 to bring a halt to "disappearances" and torture. He acknowledged that he had received a large number of complaints of both "disappearances" and torture.

The measures introduced included the issuing of "arrest receipts" to a relative or, in the event a relative is not available, the grama sevaka of the village where the arrest took place. The commander also introduced several changes to the model of receipt designed by the Ministry of Defence. He included details of not only the rank of the arresting officer, but also the name, unit and number as required under presidential directives issued in early September 1997.[5] There was general agreement among the population in the peninsula that since the beginning of 1997, at the time the new GOC of the 51 Division had taken over command, a clear improvement in the human rights situation had come about. Similar positive assessments were given about the brigade commander in charge of Vadamarachchi division. It was pointed out to Amnesty International that very few cases of "disappearances" had been reported from that area.

Among the measures taken by the GOC, 51 Division was te establishment of a special investigative unit consisting of members of the Military Police to investigate 379 complaints of "disappearances" in 1996 lodged directly with the military authorities in Jaffna. The unit has taken statements from relatives, and has gathered information from the army units alleged to have been stationed in the area at the time of "disappearance". As of August 1997, out of 130 cases had been investigated, seven people had been traced in custody and in one case relatives had reported that they had found the body of the "disappeared" person. In relation to complaints of "disappearances" during the first half of 1997, 3 people out of 32 people reported to the military authorities as "disappeared" had been traced by the special investigative unit. Investigations into other cases are continuing. The results of these investigations are intended to be submitted to the BoI.

The Secretary, Ministry of Defence assured Amnesty International that action, including criminal prosecution, has been initiated against those found to be responsible for the "disappearances" by the BoI, and that senior staff are being held accountable on the basis that they failed in their duty to keep control over their troops. Amnesty International has requested the Secretary, Ministry of Defence to be kept informed of the outcome of these measures.

Conclusions and recommendations

Amnesty International appreciates some important steps taken by the government to restore the rule of law in Sri Lanka amid difficult circumstances. These include the ratification of the Optional Protocol to the International Covenant on Civil and Political Rights, the establishment of the HRC and the commissions of inquiry into past human rights violations and the lifting of the state of emergency in areas of the south in July 1997.[6] Amnesty International is also encouraged by several human rights training programs for the security forces, including courses organized by a Directorate of Humanitarian Law set up by the Commander of the Army in May 1997. It also appreciates initial action taken to investigate the "disappearances" reported from Jaffna and undertakings that those responsible will be brought to justice. It is outlining below a number of recommendations, which would, if implemented, contribute to the further progress of this work.

In Amnesty International's view, the action announced in follow-up to the reports of the three commissions of inquiry into human rights violations (including "disappearances") since 1 January 1988 would, if fully implemented, contribute to breaking the lingering climate of impunity among the security forces.

Amnesty International is urging that the findings of the BoI be made public at the earliest opportunity, and that action is taken to follow-up on the government's commitment to initiate criminal prosecution of those alleged to be responsible.

The international community is waiting to see how the government deals with human rights violations both under the previous regime and under its own term of office.

While some action has been taken to investigate reported "disappearances", further action is needed in the areas of prevention and accountability. In addition, mechanisms need to be put into place to ensure that those measures already introduced, such as the presidential directives, are fully adhered to.

For instance, from the information available, it appears that many of the human rights safeguards, such as those laid down in presidential directives issued in early September 1997, are routinely flouted. "Arrest receipts" are not being issued in all cases of people taken into custody, relatives are often not informed of the place of detention and the HRC is not being systematically informed of all cases of arrest and detention. Furthermore, prisoners continue to be held in unauthorized places of detention.

Key factors: accountability and review of security measures

The government's initiatives in strengthening protection of human rights, in Amnesty International's view, could benefit from technical assistance in two key areas: investigative and prosecutorial expertise and review of security measures, including the ERs and PTA.

In 1991, after its first visit to Sri Lanka, the UNWGEID recommended that the government should "pursue the clarification of "disappearances" even more vigorously". It suggested that "human rights groups should be brought more closely into the search for missing persons, specificially as regards the identification of bodies discovered. In such identification, assistance might also be requested from an international team of forensic experts under United Nations auspices".

Amnesty International is urging the government to establish an independent forensic team and that members of the police and judiciary are instructed to call upon the team's expertise if and when remains of victims of human rights violations are to be exhumated and identified.

Since the government came to power, Amnesty International has been urging it to review the ERs and PTA to bring them in line with international standards, a recommendation also made by international bodies such as the Human Rights Committee and the UNWGEID. During meetings in August 1997 with the Minister of Foreign Affairs, Minister of Justice and Constitutional Affairs and Secretary, Ministry of Defence, Amnesty International was told that a review of ERs would be considered. Comments by the government on a draft version of this report affirmed that the ERs are "under constant review". However, experience to date suggests that this review is largely confined to the geographical application of the ERs rather than to address some of the fundamental aspects of its provisions for arrest and detention which have been identified as falling short of international standards as well as having been the subject of criticism by the Supreme Court of Sri Lanka.

Amnesty International recommends that a thorough review of ERs and PTA, which would take into account the comments of the Human Rights Committee and the Supreme Court of Sri Lanka, is undertaken at the earliest opportunity.

Appendix A:
List of "Disappearances" reported from Jaffna district during first half of 1997

{Please note: In all cases, relatives made inquiries at local army camps. They also appealed to the Commander of the Army in the area, the ICRC and a local human rights organisation}.

Name:	Tharmalingam Swarnaseelan
Address:	Vathiry, Karaveddy
Age/DOB:	1965
Profession:	Watcher at Nelliyadi co-operative stores/ farmer
Date of arrest:	03/97
Place of arrest:	Jaffna
Arrested by:	armed forces
Name:	Thiyagarah Sivakanthan
Address:	Puttur West, Puttur
Age/DOB:	16
Profession:	labourer
Date of arrest:	07/01/97 at 10 am
Place of arrest:	on way to Jaffna from Puttur
Arrested by:	army personnel
Name:	Jevannaiah Mathiyalakan
Address:	Tholpuram Chulipuram
Age/DOB:	17
Profession:	student
Date of arrest:	21/01/97 - morning
Place of arrest:	Arrested from residence
Arrested by:	Chulipuram Army Division
Name:	Iyampillai Niruban
Address:	Karaikal Veedhi, Inuvil
Age/DOB:	20
Profession:	cycle shop worker
Date of arrest:	28/01/97
Place of arrest:	During a round up from his cycle shop in Inuvil -
Arrested by:	Inuvil Army Division
Name:	Rasiah Saseenthan
Address:	Craser Lane, Tellipallai East
Age/DOB:	03/09/74
Profession:	cycle mechanic
Date of arrest:	06/02/97
Place of arrest:	near Manipay market
Arrested by:	army
Name:	Ganesh Ramanna
Address:	Suthumalai South, Aynkgaran Veedhi, Manipay
Age/DOB:	17
Profession:	student
Date of arrest:	08/02/97 at 8:30 pm
Place of arrest:	residence
Arrested by:	Koolavaddy Army Division
Name:	Pappa Sathanantham
Address:	East Puttur
Age/DOB:	27
Profession:
Date of arrest:	10/02/97
Place of arrest:	Puttur, Valigamam
Arrested by:	Army personnel
Name:	Ganesh Subhakaran
Address:	Navaly East, Manipay
Age/DOB:	22
Profession:	tailor
Date of arrest:	26/02/97
Place of arrest:	Jegapathy's tailor shop,
Arrested by:	Manipay Army Division
Name:	Rathiravelu Jinthan
Address:	Kulathaddy Sangarathai, Vaddukoddai
Age/DOB:	18
Profession:	student
Date of arrest:	28/02/97 at 9:00 am
Place of arrest:	Mavaddy round up
Arrested by:	Mavaddy Army Division
Name:	Navaratnam Yogeswaran
Address:	Navaly West, Manipay
Age/DOB:	18
Profession:	labourer
Date of arrest:	28/02/97
Place of arrest:	Round up
Arrested by:	army, Naavaddy
Name:	Markandu Nageswaran
Address:	Kalasalai Veedhi, Tirunelveli East
Age/DOB:	31
Profession:	labourer
Date of arrest:	06/03/97
Place of arrest:	at Thirunelvely Colony
Arrested by:	army, Thirunelvely
Name:	Arumugam Yogendran
Address:	Mullaitivu
Age/DOB:	28
Profession:	fishing
Date of arrest:	14/03/97
Place of arrest:	Mullaitivu
Arrested by:	naval patrol who opened fire on the fishermen
Name:	Sellamma Subhaskaran
Address:	Vaddu South, Vaddukoddai
Age/DOB:	24
Profession:	tailor
Date of arrest:	26/03/97
Place of arrest:	Navaddy Junction
Arrested by:	Navaddy Army Division
Name:	Ganeshu Karunakaran
Address:	Veram, Neelai
Age/DOB:	19
Profession:	Shop
Date of arrest:	26/03/97
Place of arrest:	Navaddy Junction
Arrested by:	Navaddy Army Division
Name:	Parameswaran Paranitharan
Address:	School Lane, Sangarithai, Vaddukoddai
Age/DOB:	15
Profession:	student
Date of arrest:	28/03/97 - 10,00 p.m.
Place of arrest:	Road block , Siththankerny
Arrested by:	Siththankerny Army Division
Name:	Parameswaran Kumudini (f )
Address:	School Lane, Sangarithai, Vaddukoddai
Age/DOB:	21
Profession:
Date of arrest:	28/03/97
Place of arrest:	residence
Arrested by:	Chankanai Army Division
Name:	Shanmugam Satkunarajah
Address:	Kallakam Veedhi, Kaithady West
Age/DOB:	31
Profession:	shop
Date of arrest:	01/04/97
Place of arrest:	Market at Manipay
Arrested by:	army, Manipay
Name:	Markandu Vijeyakumar
Address:	Sivan Kovil Veedhi, Siththankerny
Age/DOB:	26
Profession:	farmer
Date of arrest:	04/04/97
Place of arrest:	Siththankerny, Mavaddy Pillaiyar, Round up
Arrested by:	Siththankerny Army Division
Name:	Rathinam Krishnakumar
Address:	Tholpuram West, Chulipuram
Age/DOB:	23
Profession:	Labourer
Date of arrest:	04/04/97 at 10,30 am
Place of arrest:	During a round-up at Nadhathupillaiyar Koviladdy
Arrested by:	Chulipuram Army Division
Name:	Thambipillai Govindasamy
Address:	Araly Veedhi Chankanai
Age/DOB:	48
Profession:	Leela bakery owner
Date of arrest:	11/04/97
Place of arrest:	at bakery
Arrested by:	army, Sandilipay, 10th Gajaba Unit
Name:	Nagamany Annarasa
Address:	Pallunkutty, Chankanai, Pandateruppu
Age/DOB:	28
Profession:	toddy tapper
Date of arrest:	05/05/97
Place of arrest:	Vadaliadaippu
Arrested by:	Vadaliadaippu Army Division
Name:	Maniam Rajakumar
Address:	Dutch Road, Chavackachcheri
Age/DOB:	24
Profession:	labourer
Date of arrest:	15/05/97 in the morning
Place of arrest:	From his residence
Arrested by:	army, Chavackachcheri
Name:	Rasalingam Ampalakan
Address:	Thavapuram, Kaithady North
Age/DOB:	22
Profession:	labourer
Date of arrest:	15/05/97
Place of arrest:	Thavapuram round up
Arrested by:	army, Kaithady
Name:	Murugan Naguleswaran
Address:	Thavapuram, Kaithady North
Age/DOB:	24
Profession:	labourer
Date of arrest:	15/05/97
Place of arrest:	Thavapuram army camp
Arrested by:	Army, Kaithady division
Name:	Thambirasa Vicknarajah
Address:	Kandivul West, Post Office Road, Chavakachcheri
Age/DOB:	27
Profession:	Mechanic
Date of arrest:	26/05/97 at 6:30 pm
Place of arrest:	From his residence
Arrested by:	Army, Chavakachcheri
Name:	Rathinam Arunthavakumar
Address:	Kaithady East, Kaithady
Age/DOB:	22
Profession:	labourer
Date of arrest:	06/06/97
Place of arrest:	Chavakachcheri Union Church
Arrested by:	army, Chavakachcheri
Name:	Vinasithamby Ganeshamoorthy
Address:	Kallavembady, Punnalaikadduvan
Age/DOB:	37
Profession:	farmer
Date of arrest:	09/06/97
Place of arrest:	from his residence
Arrested by:	army personnel, Punnalaikadduvan
Name:	Velupillai Udayakumaran
Address:	Wevil, Kodikamam North, Kodikamam
Age/DOB:	11/08/70
Profession:	Farmer
Date of arrest:	17/06/97 around 10am. Army had come to the house on 16/06/97 and said they had received information that Velupillai was involved with LTTE. Army took identity cards of whole family and told them to come to Eruvan army camp the following morning at 9 am. On arrival at the camp the next day the army took Velupillai Udayakumaran into custody. They issued a letter to the family saying that their son would be released after inquiry. Family was forced to leave and they closed the checkpoint. Son's crying was reportedly heard from camp around 2:30 pm. Father tried to get someone to talk to the army to release his son; while talking to a shop owner army personnel came over and took the letter that army had issued earlier. This letter was not returned. The following day the army rounded up the area and said they were searching for Velupillai Udayakumaran, who they said had escaped from their custody. Nothing has been heard of him since.
Place of arrest:	At an army checkpoint at Eruvan Forward Defence Line
Arrested by:	Army
Name:	Najaratnam Sethupathy
Address:	Chulipuram Centre, Chulipuram
Age/DOB:	26
Profession:
Date of arrest:	17/06/97
Place of arrest:	Chulipuram West Kaathaladdy
Arrested by:	Ponnalai Army Division
Name:	Karthigesu Ellaalan
Address:	Vel Nangil, Inuvil West
Age/DOB:	21
Profession:	farmer
Date of arrest:	23/06/97 at 11 am
Place of arrest:	residence
Arrested by:	army, Ariviyal Kalagam, Inuvil
Name:	Thambithurai Thurairajah
Address:	2nd Lane, Mailu Veedhi, Aarukal Madham
Age/DOB:	41
Profession:
Date of arrest:	25/06/97 at 2 pm
Place of arrest:	residence
Arrested by:	army, Koolavady
Name:	Velu Sinnathamby
Address:	Manthuvil West, Kodikaman
Age/DOB:	46
Profession:	Labourer
Date of arrest:	27/06/97
Place of arrest:	Manthuvil, during a round up
Arrested by:	Amy, Kerudavil

 

Name:	Sinnathamby Maheswaran
Address:	Nr Kondavil station, Kondavil
Age/DOB:	20
Profession:	labourer
Date of arrest:	05/07/97
Place of arrest:	From his residence
Arrested by:	army, Inuvil

 

Name:	Navasy Jeyasseelan
Address:	Kandy Veedhi, Nunavil Junction, Chavakchcheri
Age/DOB:	24
Profession:	Student
Date of arrest:	07/07/97
Place of arrest:	At Nunavil while returning home from Tuition Centre
Arrested by:	army, Chavakachcheri
Name:	Sallan Theiventhiran
Address:	Munkadal East, Tholpuram
Age/DOB:	23
Profession:	church worker
Date of arrest:	04/04/1997
Place of arrest:	Moolai Kalikovaddy round up
Arrested by:	army, Maavaddy
Name:	Nandamuguntha S.
Address:	Manchavanathady, Kokkuvil West
Age/DOB:	25
Profession:	Businessman
Date of arrest:	02/01/97
Place of arrest:	Jaffna
Arrested by:	Army personnel
Name:	Nesakumar K.
Address:	Kondavil East
Age/DOB:	18
Profession:	Labourer
Date of arrest:	11/01/97
Place of arrest:	Kondavil
Arrested by:	Army personnel

Appendix B: List of civilians allegedly deliberately killed by the LTTE

Name	Profession	Place of killing	Date of killing
Thambu Ramalingam	Retired Assistant Government Agent, Jaffna	Ariyalai, Valikamam	6/7/96
Sivayogini Patkunamanikkam (f)		Nallur, Valikamam	19/7/96
Sinnathamby Krishnapillai (45)	Farmer	Manthuvil North, Kodikamam, Thenmarachi	24/09/96
Mohan (50)		Thirunelvely, Valikamam	13/10/96
G W Piyadasa (50)		Manjaivannapathy, Kokuvil	6/1/97
S T R Jeyakumar		Point Pedro, Vadamarachchi	25/1/97
S Shanmugam		Polikandy, Vadamarachchi	30/1/97
Y Srinivasan (48)		Manipay	6/2/97
Arumugam Kumarasooriyar (36)	Farmer/ trader	Sarasalai, Chavakachcheri, Thenmarachi	03/05/97
Tharmalingam Saimini (22) (f)		Imayaman Kovilady, Vadamarachchi	mid-May 1997
Sinnapoo Palaiah (50)	Cooly	Navapuram, Kaithady North, Thenmarachi	28/06/97
Kidnan	Carpenter		late July 1997

LIST OF "DISAPPEARANCES" FROM NAVATKULI AREA ON 19 JULY 1996

Name:	Amalanathan Johnpillai Anton
Address:	Navatkuli
District:	Jaffna
Age/DOB:	32
Profession:	Gatekeeper
Date of arrest:	19/07/96
Place of arrest:	Navatkuli during a cordon and search operation
Arrested by:	Army personnel
Name:	Anthony Thilagaratnam
Address:	Kaithady, Navatkuli South
District:	Jaffna
Age/DOB:	12/07/74
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Navatkuli army personnel
Name:	Arokiyanathan Anton Benedict
Address:	Kerativu Road, Navatkuli, Kaithady
District:	Jaffna
Age/DOB:	13/06/77
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	St. Anthony's church, Navatkuli
Arrested by:	Army personnel
Name:	Balavinthan S
Address:	Thatchanthoppu, Navatkuli
District:	Jaffna
Age/DOB:	Not known
Profession:	Welder
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation
Arrested by:	Army personnel
Name:	Emmanuel Maria (Alfred) Jeyaseelan
Address:	School Lane, Navatkuli South, Kaithady
District:	Jaffna
Age/DOB:	27/10/73
Profession:	Student of computer science at St. Patrick's college
Date of arrest:	19/07/96
Place of arrest:	Taken from home to V.C. office in Navatkuli, and taken into custody
Arrested by:	Army personnel
Name:	G Jeevapalan
Address:	Navatkuli, Kaithady
District:	Jaffna
Age/DOB:	Not known
Profession:	Tutor
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	Ganesh Ramesh (NIC No. 711 141 758V)
Address:	Navatkuli South, Kaithady
District:	Jaffna
Age/DOB:	25
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Navatkuli
Arrested by:	Army personnel
Name:	Ganeshalingam Kirubakaran
Address:	Navatkuli South, Kaithady
District:	Jaffna
Age/DOB:	13/06/78
Profession:	Student at Navatkuli Maha Vidyalayam
Date of arrest:	19/07/96
Place of arrest:	Navatkuli
Arrested by:	Army personnel
Name:	Gobalasingam Ambikaibalan
Address:	Kerativu Road, Navatkuli, Kaithady
District:	Jaffna
Age/DOB:	18/03/77
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	Navatkuli, St. Anthony's church
Arrested by:	Army personnel
Name:	Ilayavan Annalingam
Address:	Maravanpulavu West, Chavakachcheri
District:	Jaffna
Age/DOB:	Not known
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	During round-up operation
Arrested by:	Army personnel
Name:	Jesuthas Stalin Jeeva
Address:	Navatkuli East, Thatchanthoppu
District:	Jaffna
Age/DOB:	18/04/74
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	St. Anthony's Church, Navatkuli
Arrested by:	Army
Name:	Poopalasingham Jeyalalitha (f)
Address:	Maruvanpulavu centre
District:	Jaffna
Age/DOB:	18
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	Not known
Arrested by:	Army personnel
Name:	Ponniah Jeyarajah
Address:	Navatkuli South, Kaithady
District:	Jaffna
Age/DOB:	09/12/74
Profession:	Fishing
Date of arrest:	19/07/96
Place of arrest:	Home
Arrested by:	Army personnel
Name:	Jeyaratnam Murugan
Address:	Maravanpulavu East, Chavakachcheri
District:	Jaffna
Age/DOB:	19/05/66
Profession:	Driver
Date of arrest:	19/07/96
Place of arrest:	Maravanpulavu, Chavakachcheri during cordon and search operation
Arrested by:	Army personnel
Name:	K Thiliyampalam
Address:	Navatkuli, Kaithady
District:	Jaffna
Age/DOB:	52
Profession:	Bookkeeper, Education Department, Jaffna
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	Kamalakannan Kathiramalai
Address:	Kaithady
District:	Jaffna
Age/DOB:	21
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Kannathasan Ponnambalam
Address:	Thatchanthoppu
District:	Jaffna
Age/DOB:	21
Profession:	Carpenter
Date of arrest:	19/07/96
Place of arrest:	Navatkuli
Arrested by:	Army personnel
Name:	Ketharagowri Appiah (f)
Address:	Kaithady
District:	Jaffna
Age/DOB:	19
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Ketheeswaran Kathiravetpillai
Address:	Kalavanam, Chunnakam East, Chunnakam.
District:	Jaffna
Age/DOB:	31
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	Maravanpulo
Arrested by:	Army personnel
Name:	Ketheeswaran Kathiravelpillai
Address:	Navatkuli South, Kaithady
District:	Jaffna
Age/DOB:	34
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	During round-up at Kaithady
Arrested by:	Army personnel
Name:	Kopalakrishnan Sinnady
Address:	Kaithady South
District:	Jaffna
Age/DOB:	23
Profession:	Labourer
Date of arrest:	19/07/96
Place of arrest:	Kaithady during cordon & search operation
Arrested by:	Army personnel
Name:	Kugendran Ratnam
Address:	Kaithady
District:	Jaffna
Age/DOB:	25
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Mohan S
Address:	Thatchanthoppu, Navatkuli
District:	Jaffna
Age/DOB:	Not known
Profession:	Carpenter
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	N Pathmasekar
Address:	Thatchanthoppu, Navatkuli
District:	Jaffna
Age/DOB:	Not known
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	Paramanathan Thaveswaran
Address:	Koyilakandy, Kaithady
District:	Jaffna
Age/DOB:	29/06/75
Profession:	Welder
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation
Arrested by:	Army
Name:	Prabakaran Kandiah
Address:	Kaithady, Navatkuli
District:	Jaffna
Age/DOB:	Not known
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	Pusparasa Kanthaiya
Address:	Navatkuli East, Kaithady
District:	Jaffna
Age/DOB:	25/05.68
Profession:	carpenter
Date of arrest:	19/07/96
Place of arrest:	Koyilakandy during cordon & search operation
Arrested by:	Army personnel
Name:	R Suthakaran
Address:	Navatkuli, Kaithady
District:	Jaffna
Age/DOB:	Not known
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation at Navatkuli
Arrested by:	Army personnel
Name:	Ratnam Selvakumar
Address:	Thatchanthoppu, Kaithady
District:	Jaffna
Age/DOB:	11/09/75
Profession:	Carpenter
Date of arrest:	19/07/96
Place of arrest:	Taken from his home in the presence of witnesses, taken away along with 13 other youths from the village council office at Navatkuli
Arrested by:	Navatkuli army personnel
Name:	Raveendran K.
Address:	Kaithady
District:	Jaffna
Age/DOB:	28
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Ravindran Ponnan
Address:	Kaithady South, Kaithady
District:	Jaffna
Age/DOB:	28
Profession:	Driver
Date of arrest:	19/07/96
Place of arrest:	Maravanpulavu
Arrested by:	Army personnel
Name:	Sarveswaran Tirunavukarasu
Address:	Thanankilappu
District:	Jaffna
Age/DOB:	17
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	Thanankilappu
Arrested by:	Army
Name:	Sinnathamby Sivakumar
Address:	Navatkuli East, Thatchanthoppu, Kaithady
District:	Jaffna
Age/DOB:	31
Profession:	String hopper mould maker
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Navatkuli army personnel. Three police constables were also present at the time of arrest
Name:	Sinnathamby Thiruvarudchchelvam
Address:	Koyilakandy, Kaithady
District:	Jaffna
Age/DOB:	11/03/75
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Sithamparapillai Perimpanathan
Address:	Kaithady South, Kaithady
District:	Jaffna
Age/DOB:	21
Profession:	Fisherman
Date of arrest:	19/07/96
Place of arrest:	Kaithady during a cordon and search operation
Arrested by:	Navatkuli army personnel
Name:	Sivakumar Sinnathamby
Address:	Koyilakandy centre, Koyilakandy
District:	Jaffna
Age/DOB:	30
Profession:	Businessman
Date of arrest:	19/07/96
Place of arrest:	Koyilakandy during cordon and search operation
Arrested by:	Army personnel
Name:	Tharmalingam Seeniar
Address:	Maravanpulavu, Chavakachcheri
District:	Jaffna
Age/DOB:	40
Profession:	Labourer at Maravanpulavu Pradeshiya Sabha
Date of arrest:	19/07/96
Place of arrest:	While on his way to work
Arrested by:	Army personnel
Name:	Thavanesan Krishnamoorthy
Address:	Thanankilappu
District:	Jaffna
Age/DOB:	22
Profession:	Not known
Date of arrest:	19/07/96
Place of arrest:	Kaithady
Arrested by:	Army personnel
Name:	Sivarasa Murugan
Address:	Maravanpulavu, Chavakachcheri
District:	Jaffna
Age/DOB:	22
Profession:	Student
Date of arrest:	19/07/96
Place of arrest:	Chavakachcheri during cordon & search operation
Arrested by:	Army personnel
Name:	Thaveswaran Paramanathan
Address:	Koyilakandy, Kaithady
District:	Jaffna
Age/DOB:	29/06/75
Profession:	Welder
Date of arrest:	19/07/96
Place of arrest:	During cordon&search operation
Arrested by:	Army

 

---

[1] Amnesty International had initially requested to visit Jaffna in January 1997. The request was made at the time the organization submitted 195 cases of "disappearances" reported from the area to the government with a request to be informed of these people's fate and/or whereabouts. A further 436 cases were submitted in April 1997. Permission to visit Sri Lanka, including Jaffna, during August 1997 was finally obtained in May 1997.

[2] In May 1997, Amnesty International appealed to the LTTE to provide information about nine soldiers reported missing after the attack on Mullaitivu army camp. According to international humanitarian principles, once a combatant has been taken prisoner, he or she should be treated humanely and have their right to life respected.

[3] The three commissions had identical mandates but were responsible for the investigation of "disappearances" in three different geographical areas. For more details of their mandate, see Sri Lanka: Time for truth and justice (AI Index: ASA 37/04/95) of April 1995.

[4] The HRTF, initially set up in 1991, was re-established under the Emergency (Establishment of the Human Rights Task Force) Regulations No 1 of 1995 after the resumption of the conflict in mid-1995 with a mandate to safeguard the welfare of detainees held under the ERs and Prevention of Terrorism Act (PTA).

[5] The directives issued by President Chandrika Bandaranaike Kumaratunga in early September 1997 are similar to those issued to the security forces in mid-1995 under the Emergency (Establishment of the Human Rights Task Force) Regulations No 1 of 1995. Whereas under the old regulations, arrests had to be reported to the HRTF, under the new ones the security forces have to forthwith, and in any case not later than 48 hours from the time of arrest or detention, report an arrest or detention and the place where the person is held to the HRC. In addition, they have to inform relatives of detainees, grant the HRC access to places of detention at any time, record statements of detainees in a language of their choice, and take specific protective measures when arresting children and women.

[6] Between 4 April 1996 and 6 July 1997, the state of emergency was in force throughout the country. On the latter date, its application was narrowed to the north and east and some bordering areas as well as the capital Colombo and surrounding areas.