Subject: UA 7/97 on Sri Lanka From: "James F. McDonald" DATE: January 9, 1997 Amnesty International issued the following urgent action appeal today. For more information on Amnesty's reports and appeals on Sri Lanka, please visit --------------------------------------------------- UA 07/97 'Disappearance' 9 January 1997 SRI LANKA Thamban Paskaran (male), aged 26 Thamban Paskaran, from Kaithady North, Jaffna district, has not been seen since 10 December 1996, when he was asked to report to the Kaithady army camp. He did so but failed to return home. When his wife went to make inquiries the next day, she was told that he had escaped from custody around 9.30pm on 10 December. However, he did not return home nor did the army come to look for him. Fears for Thamban Paskaran's safety are heightened by reports over recent months of the killing of several people who had 'disappeared' in army custody in Jaffna district, including in Kaithady army camp. BACKGROUND INFORMATION Since the security forces regained control over the Jaffna peninsula from the Liberation Tigers of Tamil Eelam (LTTE) in late 1995 - early 1996, there have been continuing reports of arbitrary arrests and torture, including rape, and 'disappearances' in custody. In particular the number of 'disappearances' reported has been of serious concern. Amnesty International has so far submitted more than 200 cases of people who were seen taken into custody but whose detention was subsequently denied by the security forces to President Chandrika Bandaranaike Kumaratunga. It has urged that an independent and impartial investigation be instituted to establish their fate or whereabouts. Local human rights organizations and Tamil members of parliament have also repeatedly brought cases of 'disappearances' to the attention of the President and other authorities. In response, the establishment of a unit in the Ministry of Defence with responsibility for the investigation of 'disappearances' was announced on 13 December. In addition, the Human Rights Task Force (HRTF), an official body set up to safeguard the welfare of detainees, has been given permission in principle to establish an office in the Jaffna peninsula. Officers of the HRTF visited Jaffna in mid-November. They were reportedly provided with a list of more than 500 names of people who have 'disappeared' in the custody of the security forces in the Jaffna peninsula, which they are checking against a list of detainees provided by the security forces. Since the government came to power in August 1994, Amnesty International has urged that crucial steps should be taken to prevent 'disappearances' from happening, especially after such violations started to be reported again following the resumption of the armed conflict between the LTTE and the security forces in April 1995. Between April 1995 and March 1996, Amnesty International recorded 62 'disappearances', mostly from the east and from the capital, Colombo. Among the measures recommended by Amnesty International for the prevention of 'disappearances' were amendments to the Prevention of Terrorism Act and Emergency Regulations, which allow for people to be held in the custody of the security forces for long periods of time, and for the perpetrators of these grave human rights violations to be brought to justice. To date, no substantial changes have been made to these legal provisions. In addition, impunity remains a major concern. There remains a pattern of proliferation and duplication of investigative units and commissions, rather than concerted action on the findings of those already in existence. Amnesty International is deeply concerned about the 'disappearance' of Thamban Paskaran after his arrest on 10 December. Amnesty International urges the Sri Lankan government to (a) establish an independent and impartial investigation into his 'disappearance' and all other cases reported to the President, the findings of which should be made public, and (b) bring all those responsible for these violations to justice. Amnesty International also urges the Sri Lankan government to take all necessary measures to bring a halt to the enduring practice of 'disappearances' in Sri Lanka.