URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

Udenrigsudvalget 2016-17
URU Alm.del Bilag 139
Offentligt

The ITJP was established in December 2013

in response to emerging evidence regarding

war crimes and crimes against humanity

committed in Sri Lanka both during the

final phase of the civil war in 2009 and its

aftermath. The project is administered by the

Foundation for Human Rights in South Africa.

The ITJP specializes in documentation and

gathering evidence outside the country from

victims who leave Sri Lanka shortly after

their release. In some instances, victims

point out that they have been specifically

warned by their captors to leave Sri Lanka.

Many of the victims interviewed by the

ITJP are deeply traumatized having just

arrived in Europe.

itjpsl.com

stop-torture.com

MARCH 2017

DESIGN:

TEMPLO.CO.UK

@T_E_M_P_L_O

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

“The worst torture I experienced ever

was in Joseph Camp and in the 4th Floor.

The interrogators and the translator

seemed cheerful, talking loudly,

laughing all while inflicting torture.”

MALE WITNESS (2009)

CONTENTS

FOREWORD

......................................

INTRODUCTION

.................................

Methodology .....................................

“…Joseph military camp in Vavuniya

(Security Force Headquarters for

Vavuniya) or the CID “Fourth Floor”

detention facility in Colombo had rooms

that were set up with torture

equipment, illustrating the premeditated

and systematic nature of the use of

torture by units of the Sri Lankan

security forces.”

UNITED NATIONS

Witness Profile ..................................

JOSEPH CAMP

.................................

Detentions ......................................

Interrogations ..................................

Torture and Sexual Violence .....................

Bribery and extortion linked

to detention and exfiltration ....................

Perpetrators ....................................

CONCLUSION

AND RECOMMENDATIONS

....................

Annexure 1:

Other reports on Joseph Camp Torture ............

Annexure 2:

UN references to impunity for

torture and sexual violence .....................

Endnotes ........................................

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

JOSEPH CAMP

COMMANDERS

Vanni Security Force

Headquarters (SFHQ-W)

FOREWARD

2016-PRESENT:

MAJOR GENERAL

JEEWAKA RUWAN

KULATUNGA

2012-16:

MAJOR GENERAL

BONIFACE PERERA

2011-12

MAJOR GENERAL

SUMEDHA PERERA

He took part in all major

offensives in Northern Sri Lanka.

From 2005-7 he was an Infantry

Brigade Commander in Muhamalei,

Jaffna. After the war he ran the

military academy until in 2012

becoming the Commander of the 55th

Infantry Division, in Jaffna. He

received a gallantry award three

times for his role in the “Counter

Terrorist Operation”.

He took part in almost all major

offensives against the LTTE and was

the commander of the East during

the war and then the Competent

Authority for displaced war

survivors in the northern region.

Appointed Deputy Chief of Staff in

the Army (February 2016). He served

under the former defence secretary

in the Gajaba Regiment in Matale

in 1989 (alongside Shavendra Silva

and Jagath Dias). He was Brigadier

General Staff SFHQ-W in 2009.

He was a member of the Military

Court of Inquiry set up to

investigate allegations raised by

Channel 4 news.

This is a case study dealing

with just one of Sri Lanka’s

many known torture sites

and is based on 46 detailed

testimonies from survivors

and a wealth of supporting

documentation. The violations

depicted in this report are

horrifying but by no means

represent the totality of

suffering inflicted in Joseph

Camp. We identified many more

victims who were tortured

in Joseph Camp from whom we

could not take testimony

because time and resources

did not permit.

This huge army garrison in

the heart of Vavuniya Town

has been a well documented

site of torture for the last

three decades and represents,

at least for Sri Lankan

Tamils, a potent symbol

of impunity. Successive

governments, including those

of Chandrika Kumaratunga,

Ranil Wickremesinghe, Mahinda

Rajapaksa and Maithripala

Sirisena have all failed to

investigate past violations

and prevent future ones.

The most recent case of

torture and rape that the

ITJP documented in Joseph

Camp took place as recently

as December 2016. Political

inaction and denial on

the part of the political

leadership have resulted in

military commanders believing

they have the license

to torture and perpetrate

sexual violence.

The extent of torture

– and the prevalence of

interrogation rooms equipped

with manacles, chains,

pulleys and other instruments

of torture - cannot be

ignored or wished away. It is

hardly likely that successive

military commanders of

this torture and detention

site can claim not to have

known about the extensive

violations. At the end of the

civil war in May 2009, the

camp was used to interrogate

and torture large numbers

of people suspected to be

members of the Liberation

Tigers of Tamil Eelam or

LTTE. The Government condoned

these violations and several

of them occurred when

General Jegath Jayasuriya

was the commander of the

site. Instead of being held

accountable for these serious

crimes he was promoted

and rewarded by becoming

army commander in July

2009. After the change of

government in 2015, he was

given a diplomatic posting

to Brazil from where he is

also accredited to Argentina,

Chile, Peru, Colombia and

Suriname. The ITJP is also

in possession of evidence

revealing that the officer who

ran military intelligence in

Joseph Camp at the end of the

war was also rewarded with a

prestigious UN peacekeeping

posting in 2015. This level

of impunity does not bode

well for accountability in

Sri Lanka.

It is hard for a report

like this to do justice

to the cruelty routinely

perpetrated inside Joseph

Camp. Survivors, even

abroad, are still struggling

to regain their lives,

wracked by physical pain

and psychological trauma,

plunged into poverty, lonely

and often suicidal in exile.

We thank them for their

extraordinary courage in

recounting some of

their darkest days; they did

so in the hope that speaking

out will prevent others

suffering in the same way in

the future.

2009-2011

MAJOR GENERAL

KAMAL GUNARATNE

2007-2009

MAJOR GENERAL

JAGATH

Yasmin Sooka

Johannesburg

Sources: Sri Lankan SFHQ(W) website, http://www.

army.lk/sfhqwanni/ and Sri Lanka Army site, 8

November 2016, http://www.army.lk/news/major-

general-jr-kulatunga-assumes-office-commander-

security-force-wanni

In charge of the 53 Division during

the last phase of fighting. In 2012

he was sent as deputy Ambassador

to Brazil. He is part of the Gajaba

Regiment and also Special Forces.

After the war he became the

Commander of the Army and and then

the Chief of Defence Staff. He is

currently Ambassador to Brazil,

Columbia, Peru, Chile, Argentina

and Suriname.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

1984

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

1983

TIMELINE

CHRD CASES

ITJP CASES

KEY FOR TIMELINE

OTHER CASES

UK ASYLUM BUNDLES

HOME FOR

HUMAN RIGHTS CASES

FREEDOM FROM TORTURE

CASES

2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

ITJP WITNESSES

This is the latest in a

series of reports from

the ITJP that profile the

continuing and endemic

nature of violations

perpetrated by Sri Lanka’s

security forces during

the final phase of

the civil war in 2009

and its aftermath.

This

report highlights the

criminality of security

force investigations and

the pervasive violations

and abuses perpetrated

against detainees, in

particular torture and

sexual violence. This has

resulted in a “culture

of torture”, that is

systemic and reinforced

by institutional

impunity that protects

individual perpetrators

as well as those with

command responsibility.

This report focuses on

Sri Lanka’s war time past

as well as the violations

and abuses perpetrated

during the last two years

under the administration

of President Sirisena.

The violations and abuses

documented in this

report are confirmed by

INTRODUCTION

MEN

WOMEN

LTTE

recent allegations of

ongoing violations and

a persistent culture of

impunity, articulated in

recent reports from the

United Nations.

extremely useful as they

provide corroboration for

the written testimony.

TARGET:

The main criteria the ITJP

utilised for selecting

witnesses was detention

for a minimum of 3 days at

the Vanni Security Force

Headquarters, also known

as the Joint Operational

Security Forces

Headquarters (JOSFH), or

more commonly “Joseph

Camp”. The witnesses

chosen were held in Joseph

Camp during the final

phase of the war or since

2009 and up until the end

of 2016.

SECURITY:

There is still intense

fear among witnesses

abroad of reprisals

against family members

living in Sri Lanka.

As a result, information

has been edited to

ensure no identifying

information is revealed

about individuals.

METHODOLOGY

INTERVIEWS:

Six ITJP investigators

conducted extensive

confidential individual

interviews with 46 Sri

Lankan Tamils based in

the UK and Switzerland

that lasted several days.

In those instances where

statements had already

been taken by the ITJP

as part of its previous

documentation work and

where Joseph Camp was

mentioned but not dealt

with in depth, the ITJP

conducted follow-up

interviews focusing on

this site. In addition,

new witnesses were

interviewed on their

experiences of Joseph Camp

with 14 of them providing

sketches of the sites

where they were detained

and interrogated. These

sketches by victims are

FORCED RECRUITS

TO LTTE

WHITE VANNED TO

JOSEPH CAMP

TORTURED IN

JOSEPH CAMP

RAPED/SEXUALLY

VIOLATED

IN JOSEPH CAMP

MILITARY

INTERROGATORS

POLICE

INTERROGATORS

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

CONFIDENTIALITY:

ITJP investigators,

interpreters and staff are

bound by confidentiality

agreements; victims were

informed of this before

starting the interview.

SAFE SPACE:

ITJP investigators took

great care to ensure that

victims of torture and

sexual violence felt safe

with the investigators,

interpreters and

the locations used for

the interviews.

OTHER MATERIAL CONSIDERED:

The ITJP obtained, with

the permission of the

witness, detailed

medical and psychiatric

records, including medico-

legal records (MLRs). It

also examined:

An additional 8 UK

asylum bundles from

Joseph Camp survivors;

A spreadsheet of 28

Joseph Camp torture

cases (occurring from

1987 to 2014)

documented inside

Sri Lanka and shared

from the archives of

the NGO, Home For Human

Rights, in Sri Lanka.

This organization also

indicated that it had

identified an additional

59 cases where a

suspect had been

detained in Joseph Camp

but not specified

whether they had been

tortured there;

4 affidavits pertaining

to Joseph Camp torture

in 2009 shared by an

NGO, based in Colombo,

the Centre for Human

Rights Development;

Annexure 1 has

collected published

historical references

to 49 allegations

of torture dating from

1984 to 2015 in Joseph

Camp taken from reports

of the UN, human rights

organizations and

court rulings.

The NGO Freedom

From Torture reported

that it had at

last 11 recent cases of

Sri Lankans tortured in

Joseph Camp.

are women, ranging in ages

from 22 to 55 years; most

are currently in their

thirties. Joseph Camp was

positively identified by

all 46 of the witnesses.

For many, Joseph Camp was

one of several locations

of their unlawful

detention and torture.

A large number of cases

relate to 2009 and 2010,

during the closing stages

and aftermath of the

conflict, when detention

numbers ballooned and

intelligence gathering

reached a climax. Of the

28 witnesses who were held

at Joseph Camp during this

period, shockingly seven

had subsequent repeat

experiences of unlawful

detention, torture and

abuse at the camp between

2012 and 2016.

LTTE MEMBERSHIP /

ASSOCIATION

All but two witnesses

had links, or what the

Sri Lankan security

forces considered to be

links, to the LTTE or its

administration at some

stage, though in some

cases many years in the

past. Most of the (40

witnesses) were directly

involved with the LTTE or

its administration, of

which 33 men and 6 women

were in combat or related

structures. This included

several, including

some senior, members of

units responsible for

intelligence, media,

logistics and close

protection of senior

leaders, but also

administrative and support

staff including drivers,

administrative staff and

medics. Others were

involved in various parts

of the LTTE’s civilian

administration support;

this included the finance,

judicial and computer

sections; one was a senior

police officer, who was

subsequently redeployed to

the frontlines. Several

witnesses admitted

membership during their

surrender or later in

the IDP camps in response

to repeated threats

for cadres to identify

themselves. Many

were identified by other

captured cadres.

Nine witnesses said they

had been forced to join

the LTTE; most in the final

months of the conflict,

late 2008 and early 2009.

The witness base provides

particulars on a varied

set of experiences within

the LTTE and distressing

detail about the final

months and days of

the war, and the final

surrender in mid May 2009.

This includes compelling

testimony on some key

incidents relating to

other war crimes and human

rights violations not

analysed in this report.

Several witnesses,

who had been LTTE

members, subsequently

became informers for

Military Intelligence

after being tortured or

threatened with torture

if they did not inform

on their colleagues.

Their espionage work

brought them into close

contact with Military

Intelligence activities

at Joseph camp resulting

in them providing helpful

detail on issues of

abduction, torture, sexual

violations, detention and

other activities.

Three witnesses were

targeted because of their

connection to relatives

who had been in the LTTE,

three non-LTTE members

were accused of assisting

the LTTE and two others

were detained in 2015 in

connection with

peaceful democractic

political campaigning

against the government.

In total this represent

146 individuals alleging

torture in Joseph Camp,

spanning 32 years from

1984 to 2016.

WITNESS PROFILE

This report is based on

the testimonies of 46

witnesses unlawfully

detained in Joseph camp,

11 on more than one

occasion, over a ten year

period between August

2008 and December 2016.

40 witnesses are men, 6

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESS

DETAINED IN 2009

“I was held in one

of three large

cells that each

held 10-20 men.

Each of the cells

had an iron bar

door with a metal

sheet partially

covering it and no

windows. It was

always quite dark.

The walls were

cement and

felt like they had

been painted.”

TWO OTHER MALE WITNESSES,

DETAINED IN 2009 AND 2013,

DESCRIBED SIMILAR CELLS.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

JOSEPH CAMP

MILITARY HUB

Joseph Camp has been a

major hub for military

and counter terrorism

operations in the northern

districts of Sri Lanka.

At the peak of the

war, both military and

police operated from the

base; this included the

Military Intelligence

Corps (MIC), and other

military units, including

the Sri Lankan Airforce,

as well police units

such as the Terrorism

Investigation Division

(TID), responsible

for counter-terrorism

investigations and threats

to internal security

. The

ITJP took statements from

6 witnesses held in Jospeh

Camp in 2015 and 2016.

They report being detained

and tortured by the Sri

Lankan military and the

TID, identifying them

based on how the officers

introduced themselves and

what clothing or uniforms

they wore.

Military Intelligence at

Joseph Camp were also

responsible for turning

scores of captured LTTE

members into informers to

work with the security

forces and to handle other

informers. These informers

were important assets for

the military in their

efforts to deconstruct

the LTTE’s command and

resource infrastructure.

They maintained quarters

in the camp and were

issued with Sri Lankan

security force identity

documents and even in some

cases weapons.

Public information

about the camp and its

operations is limited. The

Sri Lankan army website

provides sparse detail

on the background and

history, but does provide

a basic organisational

overview of Divisions,

Brigades and affiliated

Battalions based at the

camp.

There is no public

information about other

security force units that

are based at the camp, if

and how these groupings

may have or still do

interact in terms of

overlapping mandates.

ILLEGAL DETENTION SITE

That Joseph Camp was

used for torture or ill-

treatment, including

sexual violence, has

been well documented by

the OHCHR Investigation

into Sri Lanka

, as well

as human rights groups

over decades. The OHCHR

Investigation, which

covered the period 2002-

11, made it clear that

Joseph Camp was not

an officially gazetted

detention site

; there

is no indication that

has changed and yet

it continues to be

used for intelligence

gathering, interrogations,

investigations and related

unofficial detentions.

UN SPECIAL RAPPORTEUR ON

TORTURE VISIT

The ITJP welcomes the

fact that that the United

Nations was given access

to Joseph Camp in May

2016. A team accompanying,

Juan Mendez, the then

Special Rapporteur on

torture and other cruel,

inhuman or degrading

treatment or punishment

visited the Camp and

met officials there.

Considering the size of

the camp, and limited time

spent there, it is evident

a comprehensive search was

not possible or indeed

undertaken. Further detail

of the layout of the

camp and its facilities

has subsequently been

secured, which would

expedite a more detailed

investigation. This is

still necessary, and

as such, the Special

Rapporteur’s visit can and

should not be construed

as the final word on the

matter or confirmation that

Joseph Camp is not a site

of detention and torture.

CAMP LAYOUT

Joseph Camp is a vast

compound spread over

a large area that

incorporates an airstrip.

The exact coordinates of

its eastern perimeter

boundary are unclear

on the map provided in

this report. The ‘camp’

is located in Vavuniya,

close to the town’s centre

and is surrounded by

residential communities

A number of official

entrances to the base are

distinct.

A map of the Military

Intelligence Corps (MIC)

facilities at the camp

provided by one insider

witness sets out five

detention sites, four

for men and a separate

facility for women, and

five interrogation areas,

again four for men, one

for women. The map clearly

shows the proximity of

MIC offices and quarters.

The ITJP has attemtped to

transpose this sketch on

to google earth maps.

TRANSFER TO JOSEPH CAMP

Most witnesses were either

transferred to Joseph

Camp, either directly from

their original point of

capture or surrender to

the Sri Lankan security

forces, or subsequently

from the IDP camps,

“rehabilitation” or other

detention sites as they

were identified and pointed

out by informers working

with the army. Several

detainees also describe

being brought to Joseph

Camp intermittently for

interrogation from other

detention places. For

many though, Joseph Camp

was one in a string of

detention places. Most

were brought individually,

some in small groups. One

witness describes being

transferred with 90 other

LTTE members in May 2009;

another in a group of

30 in August the same year

from Rambaikulam camp:

DETENTIONS

The number of detainees

held at any one time

appears to have varied.

During the final stages

of the war and immediate

post surrender period,

there was an increase in

detainee traffic through

the facility.

Those in charge took

some steps to keep details

of the physical location

of Joseph Camp a secret

from those detained and

abducted. Prisoners were

mostly blindfolded

or hooded when entering

and exiting the camp,

as well as when moving

from transportation

vehicles to cells, and

between the cells and

the interrogation rooms.

They describe driving

through checkpoints, over

speedbumps, then being led

to cells. None provided

significant descriptions of

the facilities from the

outside but some, who were

not blindfolded, described

seeing big trees, an

earthen embankment near

the exit, a big metal gate

and lion statues.

“During the

transport we were

not blindfolded

in my group but

we couldn’t see

anything because of

the black windows

and we were told to

sit on the seats

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

JOSEPH CAMP

PERIMETER OUTLINED

SECTION MATCHED

TO WITNESS

DRAWING

(SEE PAGE 18)

APPROXIMATE

EASTERN BOUNDARY

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MAP COMPARISON TO MALE WITNESS

DETAINED IN 2009

MALE INTERROGATION

ROOMS

FEMALE INTERROGATION

ROOMS

MILITARY INTELLIGENCE

COMMANDER OFFICE

CELLS FOR

MALE DETAINEES HELD

BY MILITARY

INTELLIGENCE

MILITARY INTELLIGENCE

QUARTERS

MAJOR GAMAGE’S

OFFICE

CELLS FOR

FEMALE DETAINEES HELD

BY MILITARY

INTELLIGENCE

GENERAL

JEGATH JAYASURIYA’S

OFFICE

QUARTERS FOR INFORMERS

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

and look at the

vehicle floor. I

heard sounds of

other vehicles and

loudspeakers during

the transport, which

took less than half

an hour. We drove

with high speed on

a smooth surface.

The vehicle slowed

down and drove over

a couple of bumps.

The vehicle slowed

down or stopped and

I heard the sound of

a gate being opened.

After we passed the

gate we drove about

two minutes and the

vehicle stopped.

We got out of the

vehicle. I now saw

that we were inside

an army camp.”

Male Witness in 2009

ABDUCTION

In 15 cases, witnesses

were abducted from home,

checkpoints or on the road

and transferred to Joseph

Camp. This man’s account

of being abducted in 2014

is typical:

“I was having my

dinner at home in

Mullaitivu when we

heard a knock on the

door. My mother went

to open the door and

five men in civilian

clothing entered

the house, pushing

her aside and came

to me and grabbed

me. My mother asked

them why they were

doing that, but they

warned us we should

not make any sounds.

One man put a pistol

to my head and

warned that if any

one screamed they

would shoot me. The

men spoke in broken

Tamil. My mother was

begging and pleading

but they dragged me

to the vehicle, a

white (Toyota Hiace)

dolphin, which was

parked outside.

The men never asked

for my name or my

ID. They pushed me

inside the vehicle

to lie face down on

the floor between the

seats. Someone tied

my hands behind

my back with a piece

of cloth.”

Male Witness in 2014

One female witness

interviewed by the ITJP

was “white vanned” on

two occasions to the camp,

in 2009 and again in a

later year.

HOLDING CELLS

Witness descriptions of

cells vary in detail,

with most giving some

description, and 14

providing sketches from

memory. Common to all

accounts was that cells

did not have windows and

were not lit. Witnesses

describe cells at ground

level and cells that

were underground, though

a few were held in a 2

storey building. Most were

purpose built as detention

cells with metal bars or

doors.Ten male witnesses

described being led down

10 to 15 steps into an

underground cellblock.

Some cells were large and

held up to 20

detainees.

Other were

noticeably tiny

there was a space

of 25 cm between my

head and the ceiling

when I was standing

up. There was a

normal squat toilet

and a small sink

in one comer and

I had to sit in the

other corner.”

Male Witness in 2010

uniform, but most

detainees report being

kept only in their

underwear during their

incarceration. A few

were allowed to keep

their clothing.

Conditions were generally

filthy and cells did not

have ablution facilities.

Some witnesses held

underground, described

having to knock on the

door of their cell for a

long time before a guard

escorted them to the

toilet, which typically

did not have a door.

In many cases, detainees

were provided with a

bottle to urinate in and

a plastic bag in which to

defecate, and periodically

taken to empty them. Some

were taken to wash

regularly, others not at

all. One witness spent

almost three months

without an opportunity to

clean himself.

Many detainees described

receiving a plate of food

slid under their cell

door; it was cold and of

very poor quality to the

point of being inedible.

A few received some basic

medical attention (one

was hospitalised) but

most did not, despite the

injuries sustained during

interrogation and at the

end of the war.

There was limited

communication between

detainees, and presence

of others was sometimes

only heard through

“It was a very small

room. I could not

lie down fully it

was that small.

I could not sleep

properly there

because they would

also put the water

on the floor.”

Female Witness in 2013

CONDITIONS

Detainees were held

at Joseph Camp for

anywhere between a few

days and several months.

Three witness spent

over eighteen months

incarcerated at the camp.

None was visited by the

ICRC at Joseph Camp or by

family members.

Two detainees mentioned

being handcuffed in the

holding cells, secured

to metal hoops embedded

in the concrete floor.

Experiences were not

screams and cries from

the interrogation room or

holding cells.

Most detainees, including

women, were held in

solitary confinement during

their detention at Joseph

Camp, and had very limited

interaction with other

prisoners although some

were held with others for

brief periods of time. One

woman described being held

in a cell in 2010 with

four girls aged 16 or 17

years; they were all made

to sit naked with their

hands and feet tied.

INTERROGATIONS

In May 2009, the

outpouring of 282,000

people from the LTTE

controlled areas

afforded military and

police intelligence an

unprecedented opportunity

to establish a more

detailed picture of

LTTE personnel and

infrastructure. A massive

intelligence gathering

and assessment process

ensued that included an

array of security and

intelligence personnel

beyond the Joseph Camp

teams. Corruption at times

hampered its effectiveness;

several wanted LTTE figures

or their close family

members escaped the

country by paying bribes

to members of the very

“The cell was very

small, I could not

stretch out my legs

while tying, I’m

maybe about 1.7

metres tall. The

room was about one

meter wide and maybe

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESS

DETAINED IN 2009

“When the blindfold was removed I saw

metal chains with manacles hanging from

the ceiling. I also saw pipes, wooden

batons and there was blood splattered

on the old cement wall. The room had no

windows but there was a small table and

a chair. I was on the floor on all fours

after I was kicked. Someone came and

stood on my hands and stamped on them

with their boots.”

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

security forces supposed

to be hunting them.

Over the years since 2009

a more coordinated and

systematic approach was

increasingly employed

to corroborate existing

intelligence, with the

whereabouts of cadres

and buried weapons being

prioritised. Today nearly

eight years after the end

of the war, the mopping

up exercise has mutated;

the continued process

of covert abduction and

torture that drives

victims out of the

country now targets LTTE

supporters, political

activists or low level

cadres and forced/child

recruits who pose little

military threat.

In general, interrogations

in Joseph Camp were

replete with violence and

intimidation; several

witnesses described being

in constant fear of being

shot and were repeatedly

warned to cooperate,

not only in the formal

interrogations, but in

asides from the LTTE

informers working with

Military Intelligence.

Interrogrations varied in

methodology and levels of

intensity; interrogators

did not always ask direct

questions rather making

statements that the

detainee was supposed to

confirm. The objectives

were not always clear,

but the statement pool

provides an overview

of the core issues the

interrogators focused on:

• Establishing and /

or confirming

biographical information,

with a focus on

admissions and details

of membership and

associations with the

LTTE, including the roles

of family members and

friends. Several

detainees had relatives

who were senior in

LTTE structures or had

siblings, cousins or

uncles/aunts in core

LTTE functions.

In several cases,

witnesses were

physically identified

by other captured LTTE

cadres already working

with the security forces,

including at Joseph Camp

or by cadres who had

been planted by

Colonel Karuna.

• Identification of LTTE

cadres and leadership,

either in person or

through photographs.

Some witnesses

participated in physical

identification at the

point of surrender, in

detention centres and IDP

camps, and at Joseph Camp

itself (the use of a one-

way mirror was mentioned

in one statement).

Identification of those

who had not been killed

or detained was of

particular importance.

Witnesses were also

shown photographs of

corpses to identify.

• Detail on movement of

ordinance and location

of weapons caches,

communication equipment

and LTTE records /

documentation. At the

end of the war several

detainees were taken from

Joseph Camp to identify

where weapons had been

buried in the conflict

area. Some made false

admissions simply to stop

the torture, only to face

further abuse when they

were unable successfully

to identify the location

of caches. In recent

years there has been

an emphasis on locating

hidden UXO, suicide

jackets and belts, or

landmines, which it is

feared could be used to

“restart the LTTE”.

• Detail on LTTE

infrastructure and

logistics, related role

and responsibilities of

LTTE personnel.

• Detail on location of

hidden valuables, such as

buried gold, and money.

• Detail on LTTE alleged

revival and links to the

Tamil diaspora.

Statements reflect an

intensification of efforts

to locate weapons caches

in the final stages and

immediate aftermath of

the war. This focus has

remained a continuing

theme throughout the

period under review,

including the most recent

cases from 2016. This

also ties directly to

cases involving security

force assertions of LTTE

revival, and related

planning and financing,

which is used to justified

continued militarization.

It is also evident that

interrogators have tried

to tie these cases to

detainees who were

picked up in connection

with protests and

demonstrations from

Tamil communities

relating to unresolved

disappearances and

continued militarization.

Within Joseph Camp,

detainees were

interrogated in several

different locations and

were often naked during

the process.

Many

interrogation rooms were

well equipped and often

stained with the blood of

previous victims:

hammers, and pliers wood and it was shut

to pull out finger

behind me.”

and toe nails. There

Male Witness in 2016

would be a table and

RECORD KEEPING

chair in the room,

handcuffs and chains,

It is fair to assume

pulley and rope

that the responsible

authorities generated a

to hang people on

substantial record of

the ceilings.”

the detainees who passed

Male Witness in 2009

through their hands. Many

interrogations culminated

in the signing of

“confessions”. While some

detainees were presented

with blank papers to

sign, most were forced

to sign documents, whose

content was written or

typed in Sinhala, which

most Tamil detainees

did not understand.

No interpretation was

offered. A number of

witnesses mentioned that

they were photographed

and fingerprinted; one

mentioned video and audio

equipment. Administrative

processing was sometimes

conducted in a separate

room to interrogations.

Detainees were

sometimes beaten during

these processes.

“In the interrogation

room, they had

all the objects of

torture in the room

before the detainee

was brought in.

This included barbed

wire that was put in

a hollow pipe that

would be inserted

into an anus,

“This room had a

table and 2 chairs

and two men were

sitting in the

chairs and another

one was standing.

All of them were

wearing civilian

clothes, they did

not have weapons.

I could see blood

stains on the

walls. There were

no pictures on the

walls. There were

pipes that were

filled with something

in the middle, thick

wires and wooden

batons – the size

of a wicket. There

were no windows,

but there was a

ventilation shaft.

The door was made of

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESSES

DETAINED IN

2014 AND 2009

“They took me down about 10-15 steps.

I was put in a cell. They removed my

blindfold and the handcuffs. Everything

in the room was bare cement; the

door had metals bars and metal sheeting.

There was a small hole at the top

of the door where the guards could peek

through. There were no windows

and no lights inside. The cell smelled

of urine and dirt.”

“I walked down about 10-15 steps and was

made to turn left inside a cell.

I heard the creaking sound of iron

gates. Inside the cell a person removed

my blindfold. The cell was about small

the walls and floor made of cement. The

door was made of iron.”

TEN WITNESSES DESCRIBED GOING DOWN STEPS TO

UNDERGROUND CELLS.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESS

DETAINED IN 2009

“He asked me to sign the document he had

written by hand in Sinhala. I saw there

was a video camera in front of me;

I don’t know if it was filming me. I also

saw a voice recorder. He ordered the

others to take my photo and fingerprints.

Another soldier told me to sign

on several blank pieces of paper.”

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

As the years went by, the

interrogators often took

notes or brought with

them existing files on the

suspect. For example, one

witness detained in 2011

in another army camp and

forced to confess

to things he had not

actually done to stop the

torture, found when he

was later in Joseph Camp

that the new interrogator

picked up where the last

one had ended and knew

all the details of his

false confession. Since

the information wasn’t

true, it could only have

come from interrogation

records being

shared between personnel

in these unauthorised

detention sites.

The ITJP has also noticed

that in the years

after the war, Sinhala

interrogators increasingly

speak Tamil, though

generally not fluently, and

therefore rely much less

on interpreters.

also corroborate previous

allegations about sexual

abuse perpetrated on both

male and female prisoners

by security force members,

including senior officers.

Forty two witnesses (all

of the women and 35 men)

in this study provided

graphic details of their

torture at Joseph Camp,

in most instances on more

than one occasion. Those

who were not tortured in

Joseph Camp were torured

elsewhere in detention.

Many witnesses in this

study also experienced

multiple incidents of

rape, torture of a sexual

nature and other forms of

sexual violence.

Torture was systematically

used in interrogations

in Joseph Camp to gather

information as outlined

above, as well as to:

• Exert pressure to turn

LTTE cadres to inform and

become collaborators;

• Inflict punishment for

membership and

association with LTTE,

for failing to make

disclosures about

the LTTE;

• Inflict punishment for

alleged “LTTE revival”

actions, including

promoting legal campaigns

and demonstrations

looking for disappeared,

land rights etc.

As well as torture,

detainees were subjected

to degrading treatment,

such as being urinated on

and being made to strip

naked and ridiculed.

Torturers routinely

used derogatory ethnic

language, referring to

their victims as “Tamil

dogs” and “Tamil slaves”.

In some cases detainees

had to witness others

suffering torture:

“I saw a man’s head

put in a plastic

petrol bag and he

was choking. He had

bleeding wounds

all over his back

from whipping with

electric wires and

his had head had

been submerged

in a water tank so

he choked.”

Male Witness in 2009

Victims were generally

repeatedly tortured

throughout their period of

detention in Joseph Camp,

which ranged from a few

days to 21 months. The

methods of torture follow

the same pattern as in

other security force sites

documented by the ITJP

but survivors of Joseph

Camp speak of particularly

brutal beatings that

rendered them unconscious.

In one case the collar

bone of a witness was

fractured and in another

serious head injuries

inflicted with long

term consequences.

Torture methods included:

falaka, asphyxiation

(most commonly a plastic

bag soaked in petrol put

over the head

but also

using chilli

), kicking,

slapping and beatings

with wooden batons and

plastic pipes, whipping

with metal wires and

cables, suspension from

pulleys or hooks in the

ceiling and various forms

of water torture. This

was often done while the

victim was tied up. There

was also branding with hot

metal rods, burning with

cigarettes and lighters,

pulling out of fingernails

with pliers, and slapping

both ears to the point of

causing bleeding.

Twenty three, (four

women and nineteen men)

specifically described

torture involving their

genitalia and breasts;

this included

various forms of beatings

and burnings and were

often part of the

interrogation process.

This was an integral

component of dispensing

both pain and humiliation.

Several male witnesses

described being anally

raped with objects such

as pipes, metal rods and

cricket wickets:

my anus whilst

I was chained from

the ceiling.”

Male Witness in 2016

the time. It was a case of

mistaken identity:

“I was tortured

severely for the

first three months

daily. They punched

on my face, hit with

a metal rod, hit

on the sole of my

feet with a wooden

rod. I had a bottle

inserted in my anus,

they electrocuted me

and sexually abused

me almost every

day. Even the high

ranked army officers

sexually abused me

one after the other,

gang raped me for

many days.”

Male Witness in 2009

In two cases, victims had

hollow pipes inserted

in the anus and barbed

wire put inside the pipe

which was then withdrawn

and the wire moved about

to lacerate the victim’s

rectum. This man was

tortured in this way to

force him to confess

involvement in an LTTE

attack he couldn’t have

participated in because he

was only 13 years old at

TORTURE AND

SEXUAL VIOLENCE

TORTURE AND CRUEL, INHUMAN

AND DEGRADING TREATMENT OR

PUNISHMENT

The use of torture by Sri

Lanka’s security forces

has been well documented

by the ITJP and other

organisations. Statements

from Joseph Camp detainees

“They pushed me

inside and face down

onto a table with

four legs sticking

up. They removed

my shorts and tied

each leg and arm

to the four posts

sticking up from

the table top. One

soldier brought a

pipe in one hand and

a string of barbed

wire in the other

and he said if I

did not accept I

was the person they

said, they would

make me say it.

Two people spread

my buttocks and I

felt one insert

the pipe. It was

extremely painful.

I was crying and

one guy pulled my

head up and asked

again if I was that

person and I shook

my head and said

“On two other

occasions, they

forced a pipe into

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

‘No, no, no’. Then

I felt he pulled

the pipe out and I

experienced severe

pain and fainted.

At that time I

did not realize it

was because of the

barbed wire inside

the pipe. I had

thought they were

going to beat me

with the wire. I

could feel something

was being turned

inside my rectum

but I did not know

what it was; I only

realized later.

When I regained

consciousness I was

lying on the floor in

a room, there was

blood everywhere

on the floor and I

could not move. The

next day I could

move a bit and I

felt around my anus,

some pieces of

flesh were coming

out, as if from

a broiler chicken.”

Male Witness in 2009

SEXUAL VIOLENCE

The torture inflicted

on detainees in Joseph

Camp was premeditated,

planned and designed to

inflict severe pain and

mental distress. This

also included sexual

violence perpetrated with

the obvious aim to cause

physical pain, mental

distress and to demean and

humiliate and destroy the

self worth of the witness.

Sexual torture included

rapes of men and women,

insertion of objects such

as sticks, cricket wickets

or coca cola bottles in

the vagina or anus, forced

oral sex, the crushing of

male genitalia and biting,

scratching and cigarette

burning of women’s breasts

and genitalia. It was

intended to break down the

detainee even further than

the physical torture.

All of the six female

witnesses and 18 male

witnesses reported that

they had been raped

and sexually abused on

multiple occasions during

detention at the camp.

This extended from the

earliest case recorded in

2007, to the most recent

in December 2016.

Many detainees, both men

and women were raped

and abused on multiple

occasions and often

gang raped. One of the

60 informers based in

Joseph Camp after the

war, described seeing a

woman tied to a chair and

being raped and sexually

violated by multiple

perpetrators, her breasts

bitten and her body

covered in scratch marks.

He said part of his job

was not just to identify

his former comrades but

also “beautiful girls”

for the military to rape

at nights when they were

drinking. He described

hearing them bragging

about each raping at least

15 Tamil women.

The sexual violence

occurred both in holding

cells and interrogation

rooms; the perpetrators

were often interrogators

and/or guards but

sometimes it was too dark

to tell.

For some, although the

interrogations stopped,

the torture and in

particular sexual violence

continued. As previously

noted, male detainees were

in general kept apart

from the women. The map

of Military Intelligence

facilities shows one

area where men and women

were interrogated in

close proximity. Several

witnesses heard the

screams of women being

abused; one caught a

glimpse of a deeply

disturbing image:

hardly walk. The

door to where the

females were was

slightly open. I

saw a female cadre

laying on her back

on the floor. She

was totally naked.

I clearly saw a soda

bottle shoved inside

her vagina. Her arms

were spread wide as

were her legs The

door was not open

enough to (fully)

see the other two

girls. I could not

tell if the

girl or the others

were alive.”

Male Witness in 2009

In another incident,

soldiers tried to

force a male detainee to

rape a female detainee:

“When we left the

room into the

hallway I could

“They forced me and

the woman to remove

our clothes. When

I refused they hit

me and kicked me.

The soldiers took

our clothes off; the

woman struggled and

screamed and begged

them to leave her.

They forced me to

touch her body; they

laughed at us and

took photographs.

Two of them were

holding her hands

and told me to go

and hug her and

rape her; they used

that word in broken

Tamil. I refused

and they beat me

severely and beat

her severely in

front of me. Her

nose and her mouth

were bleeding and

I was bleeding from

my ears. I was so

weak and exhausted

and desperate. The

woman fell down on

the floor and they

dragged her away.

They took me back

to my cell. This

experience affected

(me) deeply; the

abuse of a Tamil

woman and forcing

me to abuse a Tamil

sister was so

distressful to me,

I feel angry

and sad about it,

and blame myself.”

Male Witness in 2010

Witnesses are naturally

reluctant to disclose

detail of their

experiences becauase of

the intense shame and

humiliation arising out

of sexual violence and

this can make it difficult

for them to access

post-traumatic stress

and medical treatment.

Understandably, many are

fearful about the sexual

violence they have

suffered becoming known in

their communities given

the high degree of stigma

that exists.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

“One person came to my cell in the night,

I don’t remember exactly what time and I

don’t know what he was wearing because it

was dark, but he raped me from behind.

He put his penis in my anus and he raped

me for about five minutes, I think, I

was lying face down on the floor, he

held my hands tight and pressed his body

on top of me. I was screaming because

it was painful. After he finished with

ejaculation – I could feel it inside

me, he made me take his penis into my

mouth. He didn’t speak to me, he smelled

of cigarette smoke but not of alcohol

although I think he must have been drunk

because he was so aggressive.”

MALE WITNESS (2015)

“During my two/three weeks in detention

I was subjected to 6 or 7 gang rape

sessions. I was naked almost all the

time. Two or three different men came to

my room each time. They would rotate.

They did not wear uniforms. Sometimes

during the interrogations they would

wear army uniforms - light and dark green

mix - but not during the rapes. After a

couple of days they had moved me to an

even smaller room where I would sleep.

They raped me in that room by penetrating

my vagina with their penises. They also

penetrated the rear passageway, my anus,

with their penises. The room is very

small so only one man could fit in it at

a time. They used to take turns to rape

me, one after the other. Usually each man

would rape me at least once. Usually

one would have his penis in my mouth

while the other one raped me with his

penis below. One day while interrogating

me they also put a baton into my vagina.”

FEMALE WITNESS (2013)

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESS

DETAINED IN 2011

“I was tied upside down and they put

a plastic bottle in front of my face.

The bottle emanated fumes and caused

a burning sensation in my throat

and I started coughing and my eyes and

head hurt. They also had a bag soaked

in petrol that they tied around my head

while I was upside down. It became

unbearable and my body started shaking.

Then they took me down and said,

‘Now you will start talking’”.

ANOTHER DETAINEE ALSO

DESCRIBED BEING TIED TO

PILLARS IN JOSEPH CAMP.

“They tied me to the pillar by my hand

and legs. They punched me in the face

and my nose started bleeding. After

this they released me from the pillar

and I fell on the ground and here they

stamped on me with their boots. While I

was in this room another man was tied to

a pillar. He was facing it and his back

exposed. They kicked him and beat him

with sticks and rods.”

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

BRIBERY AND

EXTORTION LINKED

TO DETENTION AND

EXFILTRATION

Witness testimonies

provide further evidence

of the commodification

of detention and the

extraction of ransoms for

release and passage from

Sri Lanka. This appears to

have become a “secondary

business” and a significant

income generating option

for some officials. Bribes

were paid to secure the

release of thirty four

witnesses from Joseph Camp

from the ITJP witness

pool. In nearly all cases

this information came

from relatives who paid

the military through

middle men. Many cases

mention Muslim middlemen

or unknown intelligence

officials, with some not

knowing who was involved.

In nine cases, the Eelam

People’s Democratic

Party (EPDP) was named

as the facilitator. In a

number of instances, the

same agents procured to

facilitate release from

detention, also assisted

with helping the witnesses

leave Sri Lanka.

It is not clear how the

security forces have

been able to explain

the disappearance of

detainees, especially in

cases where there may be

a record of detention.

Given the general approach

towards disappearances

and security

force culpability, it

is unlikely internal

investigations have been

initiated. Nevertheless,

in almost thirty cases,

families of the witnesses

have subsequently been

visited by security force

members in search of the

“missing” detainee. Most

have been threatened, and

in several instances,

physically abused, even

tortured. Whether this

masks collusion between

different elements of the

security establishment

or a genuine attempt

to locate a registered

‘fugitive’ remains

unclear; a further

reflection of the opacity

that envelops Sri Lanka’s

security sector. It may be

an attempt to silence the

family members and prevent

them from ever speaking

out about the torture.

The photographs have been

mixed up with 24 other

photographs and shown to

witnesses thought to have

been held in Joseph Camp

or the wider Vavuniya

area. Several witnesses

have recognised figures

in the line up and some

identified their

alleged perpetrators from

the photographs:

(a) This witness was among

serveral who identified an

army Major in Joseph Camp

who tortured him:

soaked in petrol tied

around her head.

(b) A female witness

identified a different Major

who allegedly belonged to

Military Intelligence and

was stationed in Joseph

Camp in 2009, as one of

her alleged rapists. The

ITJP knows his name, his

position as of 2015 and

has the details of his

entire career history; the

fact that he was in Joseph

Camp is corroborated

by two other witnesses.

recognised several

military personnel

allegedly based in Joseph

Camp after the war as

among those who repeatedly

raped her in another

military camp before the

end of the war. Among

those alleged perpetrators

was a senior officer the

ITJP has identified by name

and rank.

GENERIC IDENTIFICATION

Most victims however

cannot identify their

torturers by name, though

the ITJP has gathered

some additional names

of alleged perpetrators

from testimony. In 32

cases, witnesses identified

military interrogators,

most commonly by the type

of uniform. This sometimes

included senior officers:

but they had

stripes, badges

and stars on their

shoulders and also

a band from the

shoulder to the

upper arm.”

Male Witness in 2009

Almost all those

physically involved in

torture and sexual abuse

were men, ranging from

guards to senior officials.

Female security officers

were sometimes present

during interrogations,

and on occasion during

beatings and sexual

assaults of the witnesses,

with some having

also participated in

the assaults.

For some witnesses

the identification of

perpetrators was often

confused, especially as

most detentions involved

multiple incidents over

lengthy periods of time.

Distinguishing between

police and military was

not always clear. Some

military interrogators

wore civilian clothes;

others who wore civilian

clothes acted as

interpreters or scribes.

but whether he was

TID or military

intelligence I

do not know. We

commonly refer to

authorities dressed

in civilian clothes

as CID whether they

are or not.”

Male Witness in 2013

In ten cases the police,

mostly the TID, were

named. In two incidents,

witnesses claim they were

shown TID Identification.

A preponderance of these

cases relate to more

recent incidents, perhaps

reflecting a more profiled

role in counter-terrorism

cases. There was a level

of cooperation between the

forces; how and if this

extended to cooperation

protocols and related

command responsibilities

is presently unknown. In

several cases, witnesses

were transferred to and

from military detention

to the notorious 6th

Floor, TID headquarters

in Colombo.

TAMIL INFORMERS

The informers interviewed

report being coerced into

assisting the Sri Lankan

security forces with whom

PERPETRATORS

INDIVIDUAL IDENTIFICATION

The ITJP is in possession

of the names of 36

military intelligence staff

who allegedly operated

at Joseph Camp and more

than 40 names of informers

based there, as well as

25 photographs, and

several phone numbers, and

in some cases details of

ranks, service numbers and

career histories.

“I saw him in the

torture room several

times. I cannot

remember if he was

in civilian clothes

or uniform. He took

his gun and cocked

it and put the

end of the pistol

touching my forehead

between my eyes. He

did this 2-3 times

on different days.”

Male Witness in 2010

Multiple other witnesses

corroborate this

Major was present in

Joseph Camp after the war

and involved or complicit

in torture; a female

witness testified that the

same officer was one of

her team of interrogators

in Joseph Camp also

in 2010 and was present

while she had a bag

“I also saw

commanders in

camouflage uniform

“The new officer was

also in civilian

clothes. He spoke

good Tamil. I

assumed he was CID

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

MALE WITNESS

DETAINED IN 2010 — 11

“These were underground cells down about

10-12 steps. There were 15 men kept in

each cell. I didn’t know any of the

other detainees but they were mostly

former LTTE members; I could tell just

by looking at them. We were not allowed

to speak to each other.”

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

they enjoyed varying

degrees of trust.

LTTE informers were

sometimes present during

aspects of interrogation,

sometimes masked, other

times not, depending if

interrogators wanted

the detainee to know

who informer was. As

detailed in other

reports, abductors and

interrogators seldom

concealed their identity,

which reinforced the sense

of impunity with which

they operated.

they joined our

tinted windows so

group working for

people could not

see in and identify the army.”

me. They would bring

Male Witness in 2009

already identified

The decentralized and

former LTTE cadres

highly secretive structure

to the windows

of the LTTE meant that to

and ask me for

identify all its members

further information

Sri Lankan intelligence

required informers from

on them.”

each cell or unit,

Male Witness in 2009

The LTTE members who

worked as informers for

Military Intelligence

provided important

insights into their

experiences working with

the Sri Lankan security

forces. An increasing

number of captured LTTE

fighters were induced to

turn, many by torture

and threats to family.

A number of women LTTE

members held at Joseph

Camp were also targeted

for recruitment.

including the all female

ones. The effect has been

devastating on the Tamil

community as a whole of so

many young men and women

being forced to betray

each other. It has been

very effective in eroding

any sense of shared

identity or trust.

CONCLUSION AND

RECOMMENDATIONS

CONCLUSION

This report substantiates

longstanding allegations

that Joseph Camp, a

centerpiece of Sri

Lanka’s security

infrastructure, has and

continues to be used

for illegal detentions

and interrogations. It

is a site where torture

and sexual violence are

pervasive and, employed

with total impunity,

and as recently as

December 2016. Witnesses

confirm Joseph Camp

maintained purpose built

interrogation and torture

chambers as an integral

component of a carefully

planned and deliberate

policy of torture and

sexual violence as well

as other human rights

violations and abuses.

The torture facilitated

not only the intelligence

gathering imperatives of

the security services,

but in many instances was

designed to humiliate and

break detainees, whilst

gratifying an array of

grotesque perversions by

security force members.

It is improbable that

Sri Lanka’s top military

leadership, many of whom

have been based in Joseph

Camp, are unaware of the

unlawful detentions and

violations carried out

at this camp. Repeated

allegations of bribery and

extortion by ransom for

the release of witnesses

corroborate an established

pattern of organized

crime at the heart of Sri

Lanka’s security services.

This should be of grave

concern to a Government

elected on a pledge of

“good governance”.

Documentation and

investigations by the

ITJP and others validate

allegations that a

culture of torture and

sexual violence, mainly

of Tamils, has become

institutionalized within

the security forces in Sri

Lanka during the conflict

and its aftermath. A

legacy of violations and

accompanying impunity

remains entrenched despite

Sri Lanka’s international

and domestic commitments

to investigate and

prosecute such abuses.

Sri Lanka is a party

to United Nations

human rights treaties

and instruments that

prohibit torture and ill

treatment.

Domestically,

Article 11 of Chapter

III of the Constitution

provides that, “no person

shall be subjected to

torture or to cruel,

inhuman or degrading

treatment or punishment”.

The Government of Sri

Lanka has domesticated its

obligations under CAT and

enacted the Convention

against Torture and

Other Cruel, Inhuman or

Degrading Treatment or

Punishment Act, No. 22

of 1994. Under Article

2, acts of torture, as

well as participation,

complicity, aiding and

abetting, incitement

and attempt to torture

are criminal offences

punishable with 7-10

years in prison and a fine

of 10,000-50,000 rupees

(approximately $70-

$350). Articles 321 and

322 of the Penal Code

“Neither the Military

Intelligence men or

us were ever masked.

We were not afraid

of being identified

or later tried

in a court for what

we did. We were

the power, no one

would arrest us.

We were the ones

“The female detainees

who arrested.”

were located in the

Male Witness in 2009

middle of the camp

close to the MIC

“They would keep

official barracks

me in a van in the

and away from the

Camp. The van had

men. I was not in

their area very

often. I remember

seeing three female

detainees. After

they were tortured

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

(ordinance No. 11 of 1887

and subsequent amendments)

also criminalize acts

within the scope of the

Convention, such as

intentionally causing

harm or grievous

harm with the aim of

extorting confessions or

information leading to the

detection of an offence or

misconduct. The sentence

for a person convicted of

these offences is a maximum

of 10 years’ imprisonment

and a fine.

The current legal

framework regarding

sexual violence in Sri

Lanka provides that

acts of sexual violence

can be prosecuted at a

domestic level as rape,

custodial rape, gang

rape, or grave sexual

abuse. Custodial rape is

defined as acts committed

by public officers or

persons in positions of

authority against women

in official custody or

against women who have

been wrongly restrained;

this could be used to

indict security force

members who have carried

out such crimes against

those in their custody.

If the Government of Sri

Lanka was politically

committed to addressing

sexual violence, it could

utilize the Convention

Against Torture Act to

prosecute sexual violence.

Given the gravity and

scale of sexual violence

in Sri Lanka, including

conflict related sexual

violence, rape and

sexual violence should

be treated as a serious

international crime. The

Government of Sri Lanka

has however, not ratified

the Rome Statute nor has

it incorporated command

responsibility within

its domestic law, though

the recent report by the

UN High Commissioner for

Human Rights recommends

this could have been

done before establishing

the proposed judicial

mechanism.

The failure to

do so creates an impunity

gap, which perpetuates the

lawlessness, and impunity

under which the security

forces operate.

This legal framework of

prevention has evidently

failed to provide adequate

deterrence and remedy;

only a handful of security

force members have been

investigated or held

accountable for the crime

of torture and sexual

violence, none in relation

to Joseph Camp.

This raises profound

concerns about the

integrity of Sri Lanka’s

criminal justice system.

The failure of the

Sri Lankan government

satisfactorily to respond

and act on repeated

allegations about Joseph

Camp and other locales

of torture will only

undermine its standing.

Claims by Sri Lanka’s

Foreign Minister to the

34th session of the Human

Rights Council that his

government has “a policy

of zero tolerance for

torture”

belie the

reality on the ground.

The ongoing violations

and abuses challenge

the credibility of the

Sri Lankan government’s

stated commitments to

address such abuses,

and by extension present

a fundamental challenge

to prospects for building

trust in the Government’s

transitional justice

agenda. This, coupled with

the failure to provide

appropriate remedies,

amply demonstrates the

lack of political will on

the part of the Sirisena

government. Much more can

and must be done.

visits, mapping of all

the structures,

forensic examinations,

access to current

and historical

satellite imagery,

detailed examination

of military records

and accounts, including

transport logs and

interview records,

which the Sri Lankan

security forces should

make freely and fully

available, as well as

detailed interviews

with survivors inside

Sri Lanka and outside.

Arising out of this

visit, call upon (a)

the Special Rapporteur

on Torture and

other Cruel, Inhuman

or Degrading Treatment

or Punishment and (b)

the relevant committee

member responsible

for Sri Lanka of the

UN Committee Against

Torture, jointly

to draw up a list of

alleged perpetrators

of human rights

violations who

have been named in

UN reports, including

those of past special

rapporteurs, and

ask the Government

of Sri Lanka to

show its commitment

to accountability

by suspending

these individuals and

immediately

investigating them

and report back to the

Council in one year

on their progress in

doing so.

FOR THE GOVERNMENT OF

SRI LANKA:

Publicly acknowledge

that Joseph Camp

has been used as an

illegal detention site

for decades, shut down

immediately any

unofficial detention

facilities still in

operation inside

the camp (as already

recommended by the

Special Rapporteur on

Torture and other

Cruel, Inhuman or

Degrading Treatment

or Punishment

)

and take the following

immediate

preventative steps:

(a) Install video

cameras at all

entrances and inside

the site, at multiple

key points indoors and

outdoors, (locations

and angles to be

identified by an expert

in this field nominated

by the Special

Rapporteur on

Torture), with live

remote monitoring

and recording to be

conducted by the

Sri Lanka Human Rights

Commission (SLHRC).

Share the video

recordings and results

of the SLHRC monitoring

with the UN Committee

Against Torture,

allowing for a

3-month delay so as not

to jeopardize

legitimate security

operations undertaken

from this site.

(b) Share with the

UN Committee Against

Torture and the UN

Special Rapporteur on

Torture the layout

and detailed site

maps of Joseph Camp,

the original ownership

records of the land,

identify those units

operating in the site

now and over the last

decade, in particular

those involved

in counter-terrorism

activities from

Military Intelligence

and the police’s

Terrorism Investigation

Division, their

mandates, command

structures including

individuals in

the chain of command

and their

interrelationship.

Share lists with the

UN Committee Against

Torture and the UN

Special Rapporteur on

Torture detailing who

was detained in Joseph

Camp and released, how

long they were held

there and which

officials were in charge

of the units that

held them.

Recall

General Jegath

Jayasuriya

from his

RECOMMENDATIONS

FOR UN HUMAN RIGHTS

COUNCIL MEMBER STATES:

At the 34th session

in March 2017, call

upon (a) the Special

Rapporteur on Torture

and other Cruel,

Inhuman or Degrading

Treatment or

Punishment and (b)

the relevant committee

member responsible

for Sri Lanka of the UN

Committee Against

Torture, jointly to

conduct a visit to

“Joseph Camp” and the

“4th floor” (CID).

This should involve

extensive site

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

diplomatic posting

as Ambassador to

Brazil and immediately

launch an independent

and credible civilian

investigation into his

role regarding

widespread torture

in Joseph Camp from

2007-2009. Report

back on progress to

the UN Committee

Against Torture and

the UN Special

Rapporteur on Torture

within one year.

Suspend and investigate

other serving and

retired officers who

were in command

positions in Joseph

Camp, especially in

the post-war period,

including retired

Major

General Kamal Gunaratne

(former deputy

Ambassador to Brazil)

who is also named by

the UN as having

been the commander of

the 53 Division during

the end of the war.

The 53 Division was

alleged by the UN to

have been involved in

the execution of the

surrendered Tamil

female TV presenter,

Isaipriya.

Furthermore the UN

report names the 53

Division as one

of three military

brigades involved

in perpetrating acts

of torture

and also

says the Division

would have been aware

that hospitals and a

UN hub in the war zone

were being shelled by

government forces

because they could be

seen with the naked eye

from their positions.

ANNEXURE 1:

OTHER REPORTS ON

JOSEPH CAMP TORTURE

FEBRUARY 1984:

Report that

a person called Shan

was arrested on 17th

February 1984 in Vavuniya

and taken to the Joseph

camp and interrogated and

tortured. Alleges a named

General was present

during the interrogation

and torture.

(TAMIL INFORMATION CENTRE, LONDON)

was hung upside down and

a chilli fire was placed

under him.

(TAMIL INFORMATION CENTRE, LONDON)

to have been put on his

head in order to make his

breathing difficult.

(UN SPECIAL RAPPORTEUR ON TORTURE)

1996:

Report that a Jaffna

student, G. Balakumar,

was tortured at Joseph

camp after his arrest in

June 1996.

(BRITISH REFUGEE COUNCIL

PUBLICATION)

1985:

Report that 11

Tamils in Britain as

refugees had been

tortured under the direct

supervision of the same

named army General. In

some cases the General

himself had participated

in the torture. One

includes Ravi the brother

of Shan above. Ravi was

arrested by the General in

Vavuniya District in 1985.

20 others arrested along

with Ravi were taken to

Joseph camp and tortured.

Ravi was held for two

weeks. He was assaulted

with batons, belts and

plastic pipes filled with

concrete, including on a

number of occasions by

the named General. Ravi

JANUARY 1999:

Shivaramanan

Danister, aged 21, was

arrested on 5th January

1999 by the Criminal

Investigation Department

(CID) and taken to Joseph

Camp in Vavuniya, but

never returned.

(INTERNATIONAL HUMAN RIGHTS

ASSOCIATION BREMEN)

OCTOBER 1996:

UN Report

that a man called

Pasupathipillai Yogendran

was arrested by the army

in Vavuniya on 27 October

1996. He was reportedly

taken to Joseph camp

where he was detained

for three days. He was

allegedly hung with a rope

by his ankles

and suspended upside down

from a tree and beaten

with sticks, fists, and

wire. The JMO in Colombo

found supporting evidence

that he had been beaten

with an iron pipe and

a square shaped wooden

rod. A shopping bag filled

with gasoline is said

AUGUST 1999:

Report that a

man referred to as KJ was

held in Joseph Camp for

three days, but escaped

on 2 August 1999, by

climbing over a barbed

wire fence. He was caught

when entering Government

controlled territory and

was identified by a masked

man as a member of the

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

LTTE. He was transferred

to another camp to act

as an informant. He did

not identify anyone as a

LTTE member, but another

informant reported that

he had failed to identify

a member who was known to

him. As a result, KJ was

beaten so heavily that he

had to be transferred for

treatment to a civilian

hospital and was treated

for a ruptured stomach.

(UK IMMIGRATION PROCEEDINGS)

2001:

In the UK High

Court, Mr Justice Bennett

refers to the case of

a Mr. Sinnathuri who

experienced detention,

ill-treatment and torture,

especially after his

arrest and detention in

Joseph Camp where he was

subjected to cruel

methods of torture and

lengthy detention.

(UK IMMIGRATION PROCEEDINGS)

2008:

A Canadian

immigration case refers to

an applicant who alleged

that in 2008, he along

with others was rounded up

for identification of the

Liberation Tamil Tigers

of Eelam. The applicant

alleged torture and said

he was interrogated about

his connection to the LTTE

and subsequently released.

He alleged that two days

later, his friend Rajan

were abducted by the Eelam

People’s Democratic Party

[EPDP] and disappeared.

A few hours later, he and

his friends were arrested

by army intelligence,

taken to the Joseph

Camp and detained as

LTTE supporters. He was

tortured and interrogated

about his friend Rajan’s

connections to the LTTE.

(CANADIAN IMMIGRATION PROCEEDINGS)

not understand. After

two hours they left the

room and four different

men came in, also wearing

army trousers and white

t-shirts. They told me

that I had told lies. I

experienced severe torture

– there are no words to

describe what happened.

I was beaten with metal

rods, suspended upside

down, sometimes with my

head submerged in a

bucket of water. I was in

such pain.

(OHCHR)

sign various documents,

and released only on

payment of a large bribe

to army officials.

(HUMAN RIGHTS WATCH)

Joseph camp.

(HUMAN RIGHTS WATCH)

DECEMBER 2006:

Report that

a large group of military

personnel, including some

men in civilian clothes,

arrived at the victim’s

home in Vavuniya.

The victim was forcibly

taken to the Joseph Camp

where he was detained

in a toilet for

28 days and tortured and

sexually abused.

(HUMAN RIGHTS WATCH)

2008:

Report of a man

caught crossing into

government controlled

territory from the Vanni

in 2008 who was taken to

Joseph Camp. “I was taken

to an interrogation room.

I could see black stains

on the wall, and objects

such as metal bars and

wooden poles. I was locked

inside the room, alone,

for one hour. Three people

then entered the room,

wearing army trousers and

t-shirts. They told that

if I told lies, I would

be killed. They asked me

questions about why I had

left the LTTE areas. They

made me sign documents

in Sinhalese that I did

MAY 2008:

The case of a

man who says on 7 May

2008 he was arrested by

the army and taken to

Joseph Camp in Vavuniya,

where he was held for 18

days and tortured during

interrogation and released

only after his father had

paid a bribe to the army.

He was arrested again

in December 2009 and taken

to Joseph Camp, brutally

beaten and detained for

one week, released

on payment of a bribe.

(SUBMISSION TO UN HUMAN RIGHTS

COMMITTEE)

DECEMBER 2008:

Eighteen-

year old Ramesh was

arrested in the East in

December 2008, and kept in

Joseph camp for 5 months

and then in Poonthottam

rehabilitation Camp. He

was subjected to intensive

interrogation. After

release, the police and

the Army kept him under

surveillance with regular

visits to his house.”

(MEDIA REPORT)

JANUARY 2009:

The victim

was arrested by the

Sri Lankan army and taken

to Joseph camp. He was

accused of working with

the LTTE and was slapped,

kicked with boots, burned

with cigarettes, had a

petrol-infused plastic bag

put over head, pushed,

head banged against wall,

and raped.

(HUMAN RIGHTS WATCH)

threatened to torture him

if he didn’t cooperate.

They took their clothes

off and got on top off me.

They grabbed my penis

and took pictures of it

on their mobile phone.

They would not let me

sleep. They sprayed my

wounds with a chilli

powder that made them

burn. I was fingerprinted

and photographed and the

officials took all my

details. They produced

some photographs and asked

me to identify the people

in the photograph.

(HUMAN RIGHTS WATCH)

2009:

A media report cites

an LTTE doctor stating

he was taken to Joseph

detention camp which and

forced to admit that he

was an LTTE fighter. “It

was the darkest days of my

life at the Joseph camp,”

he said.

(MEDIA REPORT)

MAY 2009:

After crossing

to the Government-

controlled area in May

2009, another victim

was taken away from an

IDP camp, and driven to

Joseph Camp where he

was subjected to severe

torture and sexual

violence. “They beat me

with whatever they could

find: boots, poles, sticks.

He was beaten everywhere

on my body”.

(OHCHR)

JULY 2008:

The victim was

abducted and taken to

Joseph Camp, detained in

a small dark cell, taken

to another room where she

was interrogated about

her involvement with the

LTTE, beaten, kicked,

punched, burned me with

cigarettes and raped by

three men. The victim

was photographed and

fingerprinted, forced to

2009:

The victim was taken

to a small room where

he was photographed and

fingerprinted. His hands

were tied behind his back

and he was taken to a

smaller room. The smaller

room was dark except

during interrogations, the

floor was bare, and there

was no bedding. The toilet

was a hole in the floor.

After a few more weeks, he

was moved to a cell that

he shared with four other

inmates. He was later

informed that he was in

MAY 2009:

The victim was

dragged to a jeep and

driven to Joseph Camp. He

was taken to a small room

where they tied my hands

behind his back to a gas

cylinder. He was beaten up

with hot metal rods. They

forced a petrol-infused

plastic bag on his head

and tried to asphyxiate

him. He was kept naked

during detention. During

the night, two women

police officials who were

on duty raped him; they

MID 2009:

Report describes

one of many young Tamil

men to have survived

Joseph Camp who is fretful

about family he was forced

to leave behind when he

fled Sri Lanka. He was

detained by the military

during one of many sweeps

that the authorities made

of Tamil Tiger controlled

areas, picking up young

people regardless of

whether they had any

active involvement with

the LTTE.

(FREEDOM FROM TORTURE)

NOVEMBER 2009:

On November

14 the victim was taken

to Joseph Camp, stripped,

photographed and put

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

in a dark room. He was

interrogated, beaten, hung

upside down and beaten,

burned with cigarettes,

a petrol-infused plastic

bag put over his head,

his head forced into a

bucket of ice water.

Perpetrators pushed his

penis into a wooden pipe.

At night-time, two or

three officials would come

to the room. They would

be in civilian clothing,

smelling of alcohol. They

forced him to have oral

sex with them. In the

beginning one official

would hold him down while

the other raped him.

(HUMAN RIGHTS WATCH AND ALSO

REPORTED BY SRI LANKA CAMPAIGN

)

2010:

A woman was

arrested in 2010 and

taken to Joseph Camp

for interrogation. She

said she was stripped,

beaten, raped and forced

to perform oral sex on

one of her interrogators.

She suspected the

interrogation was not

really about intelligence

gathering: “He just

wanted to rape us and

do everything to us as

much as possible, for his

satisfaction, sadism,

whatever ... They said

they were taking us for

questioning but we were

half dead by then.”

(AMNESTY INTERNATIONAL/ ITJP)

JANUARY 2010:

The victim

was picked up by CID

officials at Colombo’s

international airport

and taken to the fourth

floor before being

transferred to Joseph

Camp in Vavuniya. He was

beaten with batons and

metal rods. The officials

poured kerosene on the

floor and threatened to

set it alight. In another

instance, they held a gun

to his head and threatened

to pull the trigger. He

was hung upside down and

beaten with truncheons and

hot metal rods. He was

stripped naked in both

detention sites. He was

sexually abused by being

forced to have oral sex on

two or three occasions.

(HUMAN RIGHTS WATCH)

me down, while the other

raped me.”

(HUMAN RIGHTS WATCH)

APRIL 2010:

The victim

was taken to Joseph Camp

where he was detained in

a small, dark room. He

was repeatedly questioned

by a mixed group of army

officials in uniform and

civilian clothes, and some

members of the EPDP. They

forced a petrol-infused

plastic bag on his head

and tried to asphyxiate

him while beating him.

They hung him upside down

and beat him with wires

and sand- filled pipes.

He was raped with small,

glass Coke bottles. The

officials inserted an iron

rod in his penis.

(HUMAN RIGHTS WATCH AND

SRI LANKA CAMPAIGN)

told the officials he had

previously (November 2009)

been tortured in Joseph

Camp. An official went

out and then returned

and confirmed he had been

detained in Vavuniya. The

victim was beaten with

wires, hung upside down

and two officials came

and put a pistol in her

mouth. He was released

from detention following

payment of a bribe in

June 2011.

(HUMAN RIGHTS WATCH)

down for over half an hour

and beaten on his thighs

and back with plastic

pipes and batons. They

tried to asphyxiate him in

a barrel of dirty water.

They whipped him with

electric wires.

(HUMAN RIGHTS WATCH)

was subjected to in Joseph

Camp who said: “They would

tell me to remove my

clothes. They would tell

me to put my genitals on

top of the table and

then beat my private parts

with sticks”.

(OHCHR)

MARCH 2010:

The victim

was taken to Joseph Camp,

to a dark room and asked

to admit her was in the

LTTE. “They kicked my

knees and hung me upside

down and beat me. They

forced a petrol-infused

plastic bag on my head and

tried to asphyxiate me and

burned me with cigarette

butts. I was kept in

my underwear during

my entire detention.

During interrogation, I

was stripped naked. At

one point, one of the

interrogators squeezed my

penis very hard and I was

in unbearable pain. I was

raped at night. Different

people came to rape me

either singly or in groups

of two. One of them held

NOVEMBER 2010:

In November

2010, a Tamil woman in

her early twenties was

arrested by soldiers

in her house and taken

to Jacob Camp (sic).

She was stripped naked

during questioning. She

was tortured and raped

by vaginal penetration

several times

and fell unconscious.

(SRI LANKA CAMPAIGN)

NOVEMBER 2011

Freedom

From Torture reports

name Joseph Camp as the

detention facility where

torture took place. The

methods of torture cited

in Joseph: Camp include:

blunt trauma, burns from

cigarettes, suspension,

sexual violence, threats

to cut off fingers forced

nakedness during

interrogations, forced

alcohol consumption.

Detention conditions

involved solitary

confinement, bloodstained

dark cells with no

windows, limited food and

water, tied wrists and

ankles, inability to

lie down.

(FREEDOM FROM TORTURE)

JUNE 2013:

On 5th June

the victim was stopped

and placed in a van and

taken to Joseph Camp. He

was told he had been named

as LTTE and he knew where

the arms were buried. He

showed the 3 places where

he thought the arms were

buried, but they had been

moved. He was regularly

beaten on his back, legs

and heels with a stick,

wire and a pipe containing

sand. Released after

paying a bribe.

(UK IMMIGRATION PROCEEDINGS)

JUNE 2013:

- A case where

the victim was transferred

to Joseph Camp for

many months and tortured

on a regular basis being

kept in a single cell

in detention.

(UK IMMIGRATION PROCEEDINGS)

SEPTEMBER 2015:

The UN

report describes the

insertion of barbed wire

through a pipe inserted

into the anus. The pipe

was pulled out first and

then the barbed wire,

causing “unbearable pain

and bleeding”. One witness

described being subjected

to this treatment when he

tried to refuse to have

sex with his captors. “He

pushed the pipe in again

with the barbed wire

inside. He pulled the pipe

out and left the barbed

wire in me. I had a lot of

heavy pain and bleeding.”

He said he was forced to

have oral sex and gang-

raped several times while

in detention. OISL was

also informed of a similar

case by a credible source,

which allegedly occurred

in Joseph Camp.

(OHCHR)

MAY 2011:

A victim

described being taken

to the fourth floor of

the CID headquarters in

Colombo. He was stripped

and photographed and

previous scars were

identified. The victim

DECEMBER 2011:

On 29

December the victim was

picked up by a white

van by men in civilian

clothes, who took him to

an army camp, which they

said was Joseph camp. The

victim was hung upside

JANUARY 2015:

Freedom from

Torture said two survivors

tortured in 2015 identified

Joseph Camp as the

site of their most recent

torture.

(FREEDOM FROM TORTURE)

SEPTEMBER 2015:

A UN

report cites a witness

describing the torture he

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

ANNEXURE 2:

UN REPORT REFERENCES

TO IMPUNITY FOR

TORTURE AND SEXUAL

VIOLENCE

2011: THE COMMITTEE

ON THE ELIMINATION OF

DISCRIMINATION AGAINST

WOMEN’S CONCLUDING

OBSERVATIONS ON THE FIFTH,

SIXTH AND SEVENTH PERIODIC

REPORTS ON SRI LANKA

This said, “While

noting the State

party’s explanation

that women were not

subjected to violence and

discrimination during the

last stages of the conflict

and in the post conflict

phase, the Committee

remains deeply concerned

about reports of gross

violations of the human

rights of women on both

sides, particularly the

Tamil minority group,

the internally displaced

women and the female ex-

combatants. The Committee

is particularly concerned

about reports of sexual

violence allegedly

perpetrated also by the

armed forces, the police

and militant groups.”

It called on the

authorities inter-alia to

“promptly investigate,

prosecute and punish” acts

of sexual violence.

2011: THE UN COMMITTEE

AGAINST TORTURE’S

CONCLUDING OBSERVATIONS

This called on the

Government to “provide

the committee with

information on the

investigations of cases of

war-time rape and other

acts of sexual violence

that occurred during

the last stages of the

conflict and in the post-

conflict phase, and the

outcome of such trials,

including information

on the punishments meted

out and the redress

and compensation offered to

the victims.”

2015: REPORT OF THE UN

SECRETARY GENERAL ON

CONFLICT-RELATED SEXUAL

VIOLENCE

This called on the

new Government of Sri

Lanka “to investigate

allegations of sexual

violence, including

against national armed and

security forces, and to

provide multi-sectorial

services for survivors,

including reparations

and economic empowerment

programmes for women

at risk, including war

widows and female heads

of household.”

2015 OHCHR INVESTIGATION

INTO SRI LANKA

A government report to the

Human Rights Committee in

September 2014 referred

to 39 cases of sexual

violence by the security

forces before the courts.

Subsequent information

obtained by OISL showed

that most of these cases

involved the sexual abuse

of children. While it is

positive that such cases

are followed up in some

way, even in these cases,

not one member of

the security forces had

been convicted.

OISL also reported that

19 cases were before

courts in the Northern

Province, and 20 in the

Eastern Province as of

May 2015. Fifty-eight

alleged perpetrators were

accused in the 39 cases,

five cases having multiple

accused. Thirty-two were

members of the Sri Lankan

Army; 13 were Police (five

of whom were subsequently

discharged and acquitted);

one was from the police

Special Task Force; one

was SLN; 11 were Civil

Defence Force members (of

whom nine were discharged

and acquitted). Only one

of the 58 accused was at

the time on remand, the

rest having either been

discharged and acquitted

or allowed bail. Only

eight out of 39 cases

were recorded as being

at the trial stage, all

of them in the Northern

Province. None of the

20 cases in the Eastern

Province was recorded as

being at the trial stage.

Ten cases, four of them in

the Eastern Province, had

resulted in the acquittal

of the accused (all

CDF or police). Others

were either reported

as unsolved, pending,

warranted or at the level

of the Attorney

General’s Office.

2016: THE UN COMMITTEE

AGAINST TORTURE’S

CONCLUDING OBSERVATIONS

This urged “the State

party to ensure that all

allegations of unlawful

detention, torture and

sexual violence by

security forces are

promptly, impartially and

effectively investigated by

an independent body”. It

also recommended that Sri

Lanka publish a full list

of all gazetted detention

centres, close down any

unofficial ones still in

existence and ensure

that no one is detained

in unofficial detention

facilities.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

UNCAT also noted with

regret that the State

party had not yet

concluded its ongoing

investigations into

certain emblematic cases

of violations committed

in 2006. Though it noted

that severe punishments

had been imposed in the

Vishwamadu rape case

in October 2015, UNCAT

regretted Sri Lanka’s

failure to provide

requested information on

the progress of the 39

investigations it has

reportedly initiated with

regard to the acts of

rape and sexual violence

allegedly committed by

security forces in the

aftermath of the conflict.

2016 THE SPECIAL

RAPPORTEUR ON TORTURE AND

OTHER CRUEL, INHUMAN OR

DEGRADING TREATMENT OR

PUNISHMENT

Visiting Sri Lanka, the

rapporteur interviewed

current and former

suspects detained

under the Prevention

of Terrorism Act and

received well-documented

accounts of extremely

brutal methods of

torture, including burns;

beatings with sticks

or wires on the soles

of the feet (falanga);

stress positions,

including suspension for

hours while handcuffed;

asphyxiation using

plastic bags drenched in

kerosene and hanging of

the person upside down;

application of chili

powder to the face and

eyes; and sexual torture,

including rape and

sexual molestation, and

mutilation of the genital

area and rubbing of chili

paste or onions on the

genital area. In some

cases, these practices

occurred over a period

of days or even weeks,

starting upon arrest and

continuing throughout the

investigation.

The Special Rapporteur

said in his report that he

was “extremely alarmed”

that investigations into

allegations of torture

and ill treatment are not

initiated He discerned “a

worrying lack of will”

within the Office of the

Attorney-General and the

judiciary to investigate

and prosecute allegations.

The Special Rapporteur

stated that there were a

“vast number of documented

cases, and the failure to

prosecute them clearly

indicated a lack of

will on the part of the

judiciary. He went on to

say, “Impunity for past

crimes continues to be an

obstacle to reconciliation

and sustains mistrust

between the communities,

especially in the North

and East, breeding

impunity for present

instances of abuse.”

ENDNOTES:

OHCHR Investigation into Sri

Lanka (OISL), A/HRC/30/CRP.2, 2015,

Paragraph 553.

Others include: the 4th and 6th

floors, Boosa, Omanthai School in

2009, Plantain Point etc.

(a) “An Unfinished War: Torture and

Sexual Violence in Sri Lanka 2009 –

2014”, Yasmin Sooka, The Bar Human

Rights Committee of England and

Wales and the International Truth &

Justice Project, Sri Lanka, March

2014.

(b) “A Still Unfinished War: Torture

and Sexual Violence in Sri Lanka

2009 – 2015”, International Truth

and Justice Project Project, July

2015.

and Sexual Violence in 2015”, ”,

International Truth and Justice

Project Project, January 2016.

(d) “UNCAT Submission”, November

2016.

(e) “CEDAW Submission”, February

2017.

All reports are online at www.

itjpsl.com .

“Report of the Special Rapporteur

on torture and other cruel, inhuman

or degrading treatment or punishment

on his mission to Sri Lanka”, 22

December 2016, A/HRC/34/54/Add.2,

para 22 and Committee Against

Torture Concluding Observations

on the fift periodic report of Sri

Lanka, CAT/C/LKA/CO/5, 27 January

2017.

References have not been included

to cases that might duplicate ITJP

cases, including many cases cited in

the OHCHR Investigation Report.

For more on this see ITJP’s white

flag report at http://white-flags.org,

and portions of A Still Unfinished

War (2015) available at www.itjpsl.

com.

One witness said the National

Intelligence Bureau and Naval

intelligence also operated in 2009

from Joseph Camp.

http://www.army.lk/sfhqwanni

OISL, Paragraphs 546 and 589.

OISL, Paragraph 589.

This was particularly the case

during the height of the post-

conflict phase of June 2009 to 2011.

These especially tiny cells

appear to be a hallmark of some

of the Joseph Camp detention

facilities, not heard of elsewhere.

Male Witness held in 2014: “To

go to the toilet I had to knock on

the door, I had to knock many times

and for a long time before they came

to take me. The toilet was also

underground; there were two cells

between my cell and the toilet.

There was no door to the squat

toilet.”

Male Witness held in 2011: “We

were provided with about one and

half litres of water and one meal a

day, rice and vegetables that was

on a plate slid under the door. We

sensed it was about lunchtime when

we were fed, but the food was cold

and it was always the same. Every

day in the morning time, we were

taken to a place outside the cell

to empty our toilet bucket. Every

morning, I was blindfolded and taken

to wash. This was about 50 metres

away. For a few minutes while we

washed the blindfold was removed.

Only one person was taken at a time.

There was a wall with a tap that we

used.”

Male Witness held in 2009: “There

was a doctor who put some gel on

my knees and bandages on my hands

and legs. He was a military doctor

wearing fatigues. He never spoke

with me. I was taken back to the

cell. I saw the doctor again another

couple of times during this period,

and was given some painkillers.”

Female Witness held in 2013:

“Both from my cell and when I was

being interrogated I could hear

crying and wailing every day,

especially from women.”

Male Witness held in 2009:“I heard

screams of torture in Joseph Camp,

mostly at night. The screams were

coming from a building where

interrogations took place.”

Male Witness held in 2009: “They

kept asking the same questions

again and again, asking about high

ranking LTTE people, their families

and where they were. They beat me

with batons and sticks while asking

questions and they burned the side

and under my feet with a lighter

and with cigarettes. All four men

participated in beating. After some

time, they brought the stool back

and released me to the floor. This

went on for a few hours. Then I was

taken to another room. I was also

subjected to petrol bagging. I was

also made to lie face down on the

bench and they beat me on the soles

of my feet.”

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

Female Witness held in 2013:

“When I had no clothes on during the

interrogation sessions, the male

interrogators would come and rub

their body on me. They would rub

parts of their body into my breasts

and their legs against my legs and

they would stand in front of me

and rub their bodies with my body.

Sometimes they would have their

trousers on but not their top on.”

However victims say while some

interrogators spoke fluent Tamil,

several spoke it so poorly that they

struggled to understand.

“A Still Unfinished War”, Op cit,

2015, “We will Teach You a Lesson”,

Sexual Violence against Tamils by

Sri Lankan Security Forces, Human

Rights Watch, 2013.

Sometimes this was done while

in a stress position: “They told

me to kneel but I couldn’t due to

pain from the previous days of

beatings. I could barely stand. I

was handcuffed with my hands in front

of me and they put a pole between

my hands. The two interrogators

lifted me up, holding each end of

the pole, which was a bit more than

a meter long. My feet were still

on the ground but my hands were up

over my head. The interpreter put a

polythene bag sprayed with petrol

over my head. I had to breathe but

the smell was strong and I started

coughing and found it difficult to

breathe. I was struggling to free

myself. When they took it off they

asked questions and when I failed to

provide satisfactory answers they

put the bag over my head again.”

(Male Witness held in 2014)

Male Witness held in 2016: “On

four or five occasions they put a bag

on my head which had chilli powder

in it. This created an intense

burning sensation. They have also

heated chilli using a device that

is like the one used for incense.

The smoke from the chilli would

be put under my face and this was

excruciatingly painful, even more

than when they used the chilli bag.

They did this five or six times.”

This included burning genitals

with lighters, squeezing genitals,

beating genitals, placing the penis

in a drawer and slamming it shut,

and forcing the victim to touch the

genitals of the perpetrators or put

their penises in their mouth.

“A Still Unfinished War”, Op

Cit.,pp.66-67.

The same alleged perpetrator was

identified by another witness who

said, referring to an incident in

2009, “He is the man who was the

high officer who kicked me and hit

me when I was on the floor in the big

hut.”

International Covenant on Civil

and Political Rights; the Convention

against Torture and Other Cruel,

Inhuman or Degrading Treatment

or Punishment; the Convention

on the Rights of the Child; the

International Convention on the

Elimination of All Forms of Racial

Discrimination; the Convention

on the Elimination of All Forms

of Discrimination against Women;

the Convention on the Rights of

Persons with Disabilities; and,

most recently, the International

Convention for the Protection of all

Persons from Enforced Disappearance.

This prohibition is made absolute

by article 15, which prohibits any

limitation on article 11 under any

circumstance, even for reasons of

national security and public order.

A/HRC/34/20 Report of the

Office of the United Nations High

Commissioner for Human Rights on

Sri Lanka to 34th Session of the

Human Rights Council, Paragraph 23

says this. Also Paragraph 67 in

the Recommendations states: “Enact

legislation to criminalize war

crimes, crimes against humanity,

genocide and enforced disappearances

without statutes of limitation, and

enact modes of criminal liability,

in particular command or superior

responsibility”.

Statement by Foreign Minister

Mangala Samaraweera at the High

Level Segment of the 34th Session

of the Human Rights Council, 28

February 2017, MFA website, http://

www.mfa.gov.lk/index.php/en/media/

ministers-statements/6861-fm-34hrc

“President Sirisena joins march

themed “Stop Torture”, 30 June 2016,

Lanka News First at http://newsfirst.

lk/english/2016/06/president-

sirisena-joins-march-themed-stop-

torture/140271

The Case Against Sisira Mendis,

November 2016, ITJP, http://www.

itjpsl.com/assets/press/The-case-

against-Sisira-Mendis-final.pdf

A/HRC/34/54/Add.2 Paragraph 118a

says: “Immediately shut down any

unofficial detention facilities that

may still be in existence.”

OISL states this at Paragraphs

116 and 287.

Indeed OISL points out the

official website of the security

forces, admitted Isaipriya was

killed on 18 May by soldiers of the

53rd Division. The UN’s forensic

examination of photographs of

Isaipriya’s corpse and video footage

of her surrendering indicated she

had been shot in the head.

OISL, Paragraph 544.

OISL, Paragraph 840.

A Shameful Strategy for

Survival, Tamil Information News

Bulletin of The Tamil Information

Centre, Tamil Information Centre,

August 1992, No.13, Page 2,

at http://www.ticonline.org/

images/publicationpdffiles/Tamil_

Information_-_Issue_No_76.pdf

Ibid, FN2, Page 1-2.

British Refugee Council

Publication, Sri Lanka Monitor,

July 1997 reproduced at: INDICTMENT

AGAINST SRI LANKA, Sri Lanka’s

Genocidal War - ‘95 to ‘01, Arrests

& torture of Tamils - continuing

impunity, http://tamilnation.co/

indictment/genocide95/gen9551e.htm

Report of the Special Rapporteur,

Sir Nigel Rodley, submitted

pursuant to Commission on Human

Rights resolution 1999/32, CIVIL

AND POLITICAL RIGHTS INCLUDING

QUESTIONS OF TORTURE AND DETENTION,

COMMISSION ON HUMAN RIGHTS Fifty-

sixth session, Item 11 (a) of the

provisional agenda, E/CN.4/2000/9, 2

February 2000, Economic and Social

Council, Paragraph No. 966, at

http://antitorture.org/wp-content/

uploads/2012/07/C3-Interim-Report-

“Misc.-3”-Mandate-and-Methods-

Activities-Information-Reviewed..pdf

Humanity displaced, Internal

displacement in Sri Lanka,

International Human Rights

Association Bremen, http://

www.humanrights.de/doc_en/

archiv/h/huract/displacement.

htm?act=closearchivinfo

[2009] EWCA Civ 292; [2009] Imm.

A.R. 674.

The Queen on the Application of

Sinnathuri v Secretary of State

for the Home Department [2008]

EWHC 2917 (Admin), Paragraph No.

21, at http://www.refworld.org/

pdfid/4933b6f42.pdf

“We Will Teach You a Lesson,”

Sexual Violence against Tamils by

Sri Lankan Security Forces, Human

Rights Watch, Appendix: Cases of Rape

and Sexual Violence by Sri Lankan

Security Forces, 2006-2012 presented

in reverse chronological order, Page

138, February 2013, at https://www.

hrw.org/sites/default/files/reports/

srilanka0213webwcover_0.pdf

B296 v Canada (The Minister of

Citizenship and Immigration) 2015

FC 761, at http://caselaw.canada.

globe24h.com/0/0/federal/federal-

court-of-canada/2015/06/2015fc761.

shtml

OISL, Paragraph No. 563, Page115.

United Nations, CCPR/

C114/D/2280/2013, International

Covenant on Civil and Political

Rights, 7 August 2015, Human

Rights Committee Communication No.

2280/2013, at https://goo.gl/ZvUj2N

“We Will Teach You a Lesson,”

HRW, Page 124-125.

PTA detainees – Ignored under

“Yahapalanaya?” Inhumane detention

conditions, torture while in

detention, façade of rehabilitation

and re-arrest after released from

almost 3 years of detention, at

http://groundviews.org/2015/09/05/

pta-detainees-ignored-under-

yahapalanaya/

Ex-LTTE ‘Doctor’ Reveals

Horrifying Last Two Days in

Mulliwaikkal By Sulochana Ramiah

Mohan, ‘Ceylon Today,’ May 8, 2016,

at http://sangam.org/ex-ltte-

doctor-reveals-horrifying-days-

mulliwaikkal/

We Will Teach You a Lesson,” HRW,

FN 15, Page 112-113.

Ibid, FN 15, Page 111.

OISL, Page 114.

“We Will Teach You a Lesson,”

HRW, FN15, Page 97

SRI LANKA: THE URGENCY OF

BEARING WITNESS, 27 July 2009,

Freedom From Torture, at https://

www.freedomfromtorture.org/news-

blogs/2589

CRIMES AGAINST HUMANITY IN

SRILANKA’S NOTHERN PROVINCE, A Legal

Analysis of Post-War Human Rights

Violations, Sri Lanka Campaign

for Peace and Justice, Paragraph

119, Page 39, March 4, 2014, at

http://cja.org/downloads/Crimes%20

Against%20Humanity%20in%20Sri%20

Lanka_s%20Northern%20Province.pdf

Sri Lanka Submission to the United

Nations Human Rights Committee,

112th Session, 7-31 October 2014,

Violence Against Women (Arts.2.1,

3, 6, 7), Amnesty International,

at https://www.amnesty.ch/de/

laender/asien-pazifik/sri-lanka/

dok/2014/uno-ueberpruefung-bringt-

leere-versprechen-ans-licht/

bericht-sri-lanka-submission-to-

the-united-nations-human-rights-

committee.-oktober-2014.-42-seiten

“We Will Teach You a Lesson,”

HRW, FN15, Page 86,

Ibid, FN 15, Page 80

Ibid, FN15, Page 79

CRIMES AGAINST HUMANITY IN

SRILANKA’S NOTHERN PROVINCE ,Sri

Lanka Campaign, FN 37, Paragraph

112, Page 37

We Will Teach You a Lesson,” FN

15, Page 64

Freedom from Torture submission

to the Committee against Torture

for its examination on Sri Lanka in

November 2011, Page 6, at https://

www.freedomfromtorture.org/sites/

default/files/documents/freedom_

from_torture_submission_to_cat_for_

its_2011_examination_of_sri_lanka_-_

redacted.pdf

Case 10, BM, United Kingdom:

Document containing cases of Sri

Lankan deportees allegedly tortured

on return, 15 September 2012, HRW at

https://www.hrw.org/news/2012/09/15/

united-kingdom-document-containing-

cases-sri-lankan-deportees-

allegedly-tortured.

The Secretary of State for

the Home Department v TP, UK GOV

Tribunal Decision AA/10591/2013, at

https://tribunalsdecisions.service.

gov.uk/utiac/aa-10591-2013

MR VA v The Secretary of State

for the Home Department, UK GOV

Tribunal Decision, AA/10351/2013 at

https: https://tribunalsdecisions.

service.gov.uk/utiac/39068

TORTURE CASTS A SHADOW OVER

SIRISENA’S FIRST YEAR AS PRESIDENT

OF SRI LANKA, Freedom from Torture,

January 5, 2016, at https://www.

freedomfromtorture.org/news-

blogs/8786

OISL, FN61, Paragraph 595,

Page 122.

OISL, FN61, Paragraph 597,

Page 120.

CEDAW/C/LKA/CO/7, paras.

40 and 41,

CAT/C/LKA/CO/3-4,

8 December 2011.

S/2015/203.

OISL references CCPR/C/LKA/Q/5/

Add.1, 2 September 2014.

A/HRC/30/CRP.2,

16 September 2016.

CAT/C/LKA/CO/5, 30 November 2016.

Ibid.

A/HRC/34/54/Add.2, 22 December

2016.

Ibid.

URU, Alm.del - 2016-17 - Bilag 139: Henvendelse af 20. marts 2017 fra Dansk Sammenslutning af Tamilske Foreninger om nyheder og rapporteringer om forholdene for tamilerne på Sri Lanka

“I still wake up screaming. Sometimes

I feel so angry I hit the wall with my

fists. I also feel very alone and sad.

I don’t want to eat. I don’t want to come

out of my room.”

MALE SURVIVOR TORTURED IN 2013 IN JOSEPH CAMP