Recommendations
To the government of Sri Lanka
- Comply with international law when detaining people
suspected of LTTE involvement;
- Ensure that suspects are detained only by officials who
are authorized to do so and that they properly identify themselves;
- Charge suspects with a criminal offense or order their
release;
- Provide suspects the opportunity to challenge their
detention before an independent judicial authority; an independent
judicial authority should regularly review the lawfulness of those
detained;
- Promptly inform family members about the whereabouts of
the detained relatives;
- Ensure that detainees have access to legal counsel;
- Grant the International Committee of the Red Cross access
to all detention facilities, including “rehabilitation
centers”;
- Keep LTTE suspects and other detainees only in official
places of detention;
- Investigate alleged enforced disappearances, and prosecute
those responsible, regardless of rank, for their involvement in them;
- Clarify the legal and procedural status of “surrendees”,
including child ex-combatants;
- Grant UNICEF access to all detention facilities, including
“rehabilitation centers” to assist in the assessment of the
age of detainees;
- Provide appropriate physical and psychological assistance
to any detained children;
- Separate detained children from detained adults, except in
situations where it is considered in the child’s best interest not
to do so;
- Provide children with the means to maintain contact with
their family through correspondence and visits.
To the United Nations, donor countries and
institutions, and other concerned governments
- Call upon the Sri Lankan government to comply with
international law with regards to detention and treatment of LTTE
suspects;
- Support the government’s rehabilitation program and
the rehabilitation centers only on condition that they either are truly
voluntary or that detainees are granted all of their rights under
international law.