How Sri Lanka governs through detentions

Sri Lankan officials defend the country's post-war use of anti-terrorism rules.

Maura R. O'ConnorSeptember 15, 2009 05:42Updated May 30, 2010 12:07

Journalist J.S. Tissanayagam, center, is escorted by prison officials out of the Colombo High Court, in Colombo, Sri Lanka, Aug. 31, 2009. A Sri Lankan court sentenced Tissanayagam, who wrote articles critical of a military offensive against the Tamil Tigers, to 20 years' hard labor under anti-terrorism laws critics say are used to stifle dissent. (Reuters)

NEW YORK and COLOMBO, Sri Lanka — When the Sri Lankan government declared that the country's 25-year civil war was over in May, thousands of civilians took to the streets in celebration. The threat of the Tamil Tigers was gone for the first time in decades and the fears of violence that had held a nation in their clutch on a daily basis seemed to dissipate. But for many Sri Lankans things have only become worse since the war ended.

As part of the government's continued efforts to weed out possible terrorists and sympathizers, the military has begun detaining large numbers of people it suspects of collaborating with the Liberation Tigers of Tamil Eelam (LTTE). In the majority of cases, the arrest and detainment is shrouded in secrecy under provisions of "emergency regulations," a set of vague but sweeping laws that give the government in effect unlimited powers.

Since the Prevention of Terrorism Act (PTA) was passed 30 years ago, Sri Lanka has operated nearly every year under emergency regulations ordered by the executive branch. Under the most current regulations issued by President Mahinda Rajapaksa, suspects can be arrested without warrants and held for 18 months without formal charges or access to legal representation. Few details of alleged crimes are ever released and trials, when they occur, are rarely publicized.

“No one can tell you what's in them," said James Ross, the legal and policy director for Human Rights Watch, of the country's anti-terrorism laws. "That’s part of the problem. It’s getting worse for journalists, it’s getting worse for human rights activists. Where restrictions should be lessening, they are actually getting tighter.”

The recent spate of detentions appear to resemble the United States government’s actions after Sept. 11, 2001, when Guantanamo Bay was filled with suspected terrorists who could be held indefinitely under an executive order issued by President George W. Bush in 2002. But the use of unchecked detentions as a counter-terrorism strategy in Sri Lanka pre-dates 9/11, according to Nagaioh Manoharan, a senior fellow at the Center for Land Warfare Studies in New Delhi. “What is new now,” said Manoharan of post-war Sri Lanka, “is detentions in large numbers. The PTA and emergency regulations are used without much hesitation. The rule of law has not been abided by even approximately.”

Arguably the biggest difference between terrorism suspects detained by the United States government at Guantanamo Bay and Sri Lanka’s current detainment policies is that of citizenship: Detainees in Sri Lanka are citizens held in their own country. In many recent cases, they are the government’s own employees.

On Aug. 1, Nagalingam Vedhanayagam, a government bureaucrat, was arrested by the government's Terrorist Investigation Division which was reportedly given a tip by a detained LTTE cadre. Vedhanayagam worked in Kilinochchi when the area was under LTTE control. When fighting overwhelmed the region last January, he moved to the government-controlled area but continued to make frequent trips into the conflict zone to ensure that humanitarian assistance was being provided. Since his arrest, defense officials have not released any information about his whereabouts or what the accusations against him are.