The Minister can determine the place and conditions of detention, and
is not required to make that information publicly available.
There is a consistent lack of clarity over procedures for arrest and
detention in Sri Lanka, and information about the whereabouts and
wellbeing of prisoners is hard to come by. The Terrorist Investigation
Division (TID) of the Sri Lankan police announced in June 2011 the
opening of three information centres where families could seek
information about TID detainees. But the centres would not provide
data on persons detained by the military or other units of the police.
There remains no central register of detainees.
Law enforcement officers routinely ignore regulations and procedures
meant to protect the rights of individuals who have been arrested.
Suspects have been threatened with further violence and their lawyers
and families (and other witnesses) with arrest or physical harm by
police officers attempting to suppress information, including
information about torture; some victims and witnesses have been
killed. Potential threats from police can inhibit suspects and lawyers
from notifying a magistrate about torture.
Under Sri Lanka’s Evidence Ordinance, confessions made to a police or
other public officer and confessions made while in the custody of the
police are not admissible – as dispositive evidence. But such
confessions are admissible under the Prevention of Terrorism Act
(PTA). But the PTA reverses the burden of proof, putting the onus on
victims to prove that their confessions were made under duress.
The 2010 conviction of journalist J.S. Tissainayagam under the PTA for
criticizing the Sri Lankan military’s treatment of Tamil civilians was