Prison conditions are extremely poor and the Amnesty International has stated that torture occurs regularly, particularly at police stations and military camps. The United Nations Special Rapporteur on Torture has recorded the torture of at least two returned asylum seekers. Muthuthambi Vanitha, who was deported from France...and Thambirajah Kamalahasan, who was returned from Senegal... were arrested and suffered severe torture in the hands of the security forces.

Ratnam Suresh was deported from Sweden...and disappeared after arrival in Colombo. In February 1997, the International Committee of Red Cross confirmed that he was among the 21 Tamils killed in police custody. Most of them had been murdered by strangulation at the police special task force headquarters in Colombo.

People with scars on their bodies are vulnerable, as the security forces suspect that they are members of the Liberation Tigers of Tamil Eelam and sustained wounds in fighting. Regarding scars, United Nations High Commissioner for Refugees says:

“UNHCR is aware that young returning Tamils in certain circumstances are potentially open to risk...This risk may be triggered by suspicions (on the part of security forces) founded on various factual elements such as, the lack of proper authorization for residence or travel, the fact that the individual concerned is a young Tamil from an ‘uncleared’ area or the fact that the person has close family members who are or have been involved with the LTTE.

In the UNHCR’s view, the presence of torture-related scars on the body of a returnee should be a relevant consideration in assessing the likelihood of danger upon the return of Sri Lankan Tamil asylum seekers. Where such scars are related in human rights abuses and they are discovered by security personnel, they could draw adverse attention to the individual...UNHCR would reiterate its view that special care must be taken in relation to the return of failed asylum seekers to Sri Lanka.” A large number of returnees have been arrested on arrival or taken into custody while staying in Colombo. Most of them have been granted bail but some remain in custody under the Immigrants and Emigrants Act...

The security forces constantly raid lodges where returned asylum seekers reside. They carry out search operations almost daily in Colombo and other southern areas, particularly at nights.

Arbitrary arrest and detention: Article 13(1) of the Sri Lankan Constitution provides, “No person shall be arrested except according to the procedure laid down by the law. Any person arrested shall be informed of the reason of his arrest.”

Procedure “laid down by the law” is not due process of law...For example, Article 6(1) of the Prevention of Terrorism Act, provides that “Any police officer not below the rank of Superintendent or any other police officer not below the rank of Sub-Inspector authorised in writing by him in that behalf may, without a warrant and with or without assistance and notwithstanding anything in any other law to the contrary arrest any person; enter and search any premises; stop and search any individual or any vehicle, vessel, train or aircraft; seize any document or thing, connected with or concerned in or reasonably suspected of being connected with or concerned in any unlawful activity.