While examining the periodic report of Sri Lanka, the Committee Against Torture urged “the State party to review Convention against Torture Act 22/94 and other relevant laws in order to ensure complete compliance with the Convention, in particular in respect of: (a) the definition of torture: (b) acts that amount to torture; and (c) extradition, return and expulsion”.

The issue of extradition, return and expulsion has been a controversial one between Sri Lanka and a number of European countries where ethnic Tamils seek asylum...A large number of Tamils have been repatriated from these countries. However, the deportees face high risk of violations including torture. Tamils are arrested at the airport under the Immigrants and Emigrants (Amendment) Act 42 of 1998, which disallows bail, provides for mandatory sentence and removes discretion of courts against the concept of a fair trial...

A 1998 amendment to the Act denies bail to people arrested while attempting to leave the island illegally...

The British Refugee Council in its report, Human Rights and Return of Refugees...succinctly describes the problems of returnee refugees:

“All Sri Lankans must produce the national Identity Card on demand by the security forces. Those without NICs may be arrested.The security forces sometimes confiscate NICs or the identity documents issued by the deporting country, at the airport.

The travel documents of 20 Tamil asylum seekers, deported from Germany and arriving in Sri Lanka...were confiscated. Two of them were arrested at the airport, despite the protest of the German border police who accompanied them. Vardakumar Varadarajah was produced before the Negombo magistrate...and was released on bail. He went to stay with relatives in Chilaw, north of Colombo, but the police refused to register his name. Another German deportee, Visvanathan Paramasivam, was also released on bail...He was arrested again in the Kollupitiya suburb of Colombo. The police refused to accept the court documents relating to bail and detained him for three days.

Tamils in Colombo and other urban centres were required to possess proof of police registration under emergency regulations. The regulations required only the householder to register with the police, providing details of residents in the house...Although the regulations had general application, they were implemented only on the case of Tamils...Despite a prohibition by the Committee of Inquiry into Undue Arrest and Harassment, the security forces continued to demand proof of police registration.

The regulations requiring police registration became void when the state of emergency lapsed...However, Colombo human rights agencies have expressed concern that the police continue to demand proof of police registration without any legal basis.”