February 3, 2010

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.