Dokument #1136716
IRB – Immigration and Refugee Board of Canada (Autor)
President Chandrika Kumaratunge established
a presidential commission to investigate allegations of
disappearances, torture and murder that took place between 1
January 1988 and 31 December 1990 in an unofficial government
detention centre at the Batalanda Housing Estate/Scheme (INFORM
Jan. 1996, 8; Country Reports 1996 30 Jan. 1997). The
Commission commenced sitting on 16 January 1996 (INFORM Jan. 1996,
8).
Country Reports 1996 stated that
in August 1996 five police officers were arrested for "alleged
complicity" in the abuses carried out in the Batalanda detention
centre (30 Jan. 1997).
In September 1996 INFORM reported that the
Defence Secretary revoked the detention orders of all 11 suspects
arrested in relation to the inquiries of the Batalanda Commission
following the filing of their fundamental rights petitions (INFORM
Sept. 1996, 9). On 21 September 1998 the Supreme Court decided that
the fundamental rights of the 11 police officers detained and
arrested in connection with the Batalanda Commission proceedings
had been violated (The Sunday Times 11 Oct. 1998).
At the end of October 1997 the Batalanda
Commission officially concluded its hearings (INFORM Oct. 1997,
9).
O n 27 March 1998 the Batalanda Commission
submitted its report to Sri Lankan President Chandrika Kumarantunga
(Sri Lanka Monitor Apr. 1998).
Two sources reported that in August 1998
five senior police officers, including a Deputy Inspector General
(DIG), were sent on compulsory leave after the Batalanda Commission
report implicated them in the torture and disappearance of a
"large" number of youths in the late 1980s (HRW 1998, 209;
Country Reports 1998 26 Feb. 1999, 1a). The Colombo weekly
The Sunday Times stated that by 21 August 1998, 15 top
police officers and a DIG had been sent on compulsory leave for
their "alleged involvement in the Batalanda torture chamber and
disappearances" (23 Aug. 1998).
On 17 August 1998 the Defence Secretary
sent DIG Merril Gunaratne on compulsory leave in connection with
the findings of the Batalanda Commission to "facilitate proper
investigations and inquiries" relating to the Commission's findings
(Daily News 28 Nov. 1998). At the end of November 1998,
however, the Colombo daily newspaper Daily News reported
that the Court of Appeal had "quashed" the order to send Gunaratne
on compulsory leave, and prohibited the Defence Secretary from
taking "further action" in terms of his compulsory leave (28 Nov.
1998). The Court of Appeal had determined that according to Section
55(3) of the Constitution, only the Public Service Commission could
place Guneratne on compulsory leave after conducting its own
inquiries (ibid.).
On 21 August 1998 the Defence Secretary
sent three police officers, SPs, H.G. Wickramasinghe, W. Mahanayake
and H. Chandrasa, on compulsory leave based on allegations made by
witnesses who testified in the Batalanda Commission (Daily
News 17 Sept. 1998). However, the three police officers stated
that the Commission did not request them to testify nor did it
request any explanations of the allegations made against them
(ibid.). On 14 September 1998 the Supreme Court stayed the
operation of compulsory leave letters sent to these three police
officers (ibid.).
For additional information on the Batalanda
Commission and its findings, please consult LKA31181.E of 26
February 1999 and LKA31183.E of 1 March 1999.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Information Request.
References
Country Reports on Human Rights
Practices for 1998. http://www.state.gov. 26 February
1999.
Country Reports on Human Rights
Practices for 1996. http://www.state.gov. 30 January
1997.
Daily News [Colombo]. http://www.lanka.net/lakehouse.
28 November 1998. Kumar Wethasinghe. "Court of Appeal Quashes
Compulsory Leave Order on DIG."
_____. 17 September 1998. Rodney
Martinesz. "Compulsory Leave Notice on Opposition Leader's Security
Officer Stayed."
Human Rights Watch (HRW). 1998.
Human Rights Watch World Report 1999. New York: HRW.
Sri Lanka Information Monitor (INFORM)
[Colombo]. Situation Report. October 1997. "Follow Up on
Commission Reports."
_____. September 1996. "Batalanda
Commission."
_____.January 1996. "Batalanda
Commission."
Sri Lanka Monitor [London]. http://www.gn.apc.org/refugeecounciluk/slmonitor.
April 1998. "Torture Chamber."
The Sunday Times [Colombo]. http://www.lacnet.org/suntimes.
11 October 1998. Kishali Pinto Jayawardena. "Batalanda Report: What
Is Happening? A Recurring Tragi-Comedy."
_____. 23 August 1998. Chris
Kamalendran. "Police Purge: Over 100 Heads Roll."
Additional Sources Consulted
Amnesty International Report.
Yearly, 1997, 1998.
Human Rights Watch World
Report. Yearly. 1997, 1998.
Sri Lanka Information Monitor:
Situation Report [Colombo]. Monthly. January 1996-April 1998,
June-December 1998.
Sri Lanka Monitor [London].
Monthly. August-December 1998.
Electronic sources: Internet, IRB
Databases, NEXIS.