625. By letter dated 18 September 1995 the Special Rapporteur advised the Government that he had received information about Vijayan Vimalendran, who was reportedly detained on 2 October 1993 in Colombo by members of the Military Intelligence Unit.  At an unknown place of detention, officials allegedly bound his hands and legs with chains, beat him with broom handles on the soles of his feet and poured petrol over his head, after which they covered his head with bags.  He was kept blindfolded for most of his detention, which lasted until 11 December 1993.  

626. The Special Rapporteur also informed the Government of further reports he had received with respect to the case transmitted on 5 August 1994 of Arulappu Jude Arulrajah, who had allegedly been tortured by army officials after his arrest on 2 October 1993.  The Government had replied on 2 November 1994 that a medical examination had not revealed injury to his genitals, as alleged. The source of the allegations had since indicated that, although allegations with respect to the cutting of his genitals were apparently not reported to the junior medical officer conducting the examination, the officer had found at least 27 scars consistent with the allegation made of assault with clubs, kicks and suspension by the wrists with ligature.  The source also provided the Special Rapporteur with a certified copy of that medical report, as submitted to the court of appeal.  In addition, the source expressed the following concerns regarding the detention of Arulappu Jude Arulrajah at Panagoda army camp:  that while the camp was made an authorized place of detention on 1 October 1993, that information was not published in the Official Gazette until 15 February 1994; that the detained should not have been held at Panagoda beyond the 24-hour period during which the army is required to hand over a suspect to the police; and that the army had not informed the Human Rights Task Force (HRTF) of his arrest, as required by the Emergency Regulations.  
 Information received from the Government

627. On 5 January 1995 the Government sent to the Special Rapporteur a publication by the Ministry of Foreign Affairs entitled Sri Lanka - Human Rights, detailing measures taken towards the implementation of its programme to promote human rights.  Relevant to the mandate of the Special Rapporteur was information that a bill to give effect to the Convention against Torture had been passed by Parliament on 25 November 1994.  

628. On 30 November 1995 the Government provided the Special Rapporteur with further information regarding measures recently undertaken by the Government and already existent safeguards concerning his mandate.  In this respect, a bill to establish a Human Rights Commission of Sri Lanka, presented in Parliament on 24 August 1995, was expected to be taken up for debate in January 1996.  The right that no one shall be subjected to torture, inhuman or degrading treatment or punishment is incorporated into article 11 of the Constitution as non-derogable.  The Supreme Court of Sri Lanka is empowered to receive complaints concerning violations of this right and to grant appropriate relief.  Officials who are the objects of such complaints are not defended by the Attorney-General, but rather must retain their own counsel. The courts also have the discretion to release persons detained under the Emergency Regulations.  In order to extend the period of detention beyond the maximum of one year, a suspect must be produced before a magistrate.  Every person admitted to prison is examined by a doctor.  Corporal punishment, either in the form of punishment or as a disciplinary measure, had been suspended during the last 10 years.  Members of the HRTF are given access to persons arrested under the Prevention of Terrorism Act or the Emergency Regulation and may enter at any time any place of detention.