HRW's Sri Lanka torture report will help UK asylum seekers, says TAG

[TamilNet, Sunday, 26 February 2012, 00:35 GMT]
Credible new evidence of Sri Lanka’s torture of recent deportees from Britain, disclosed recently in a report by the Human Rights Watch (HRW), a premier Rights group based in New York, will significantly bolster ongoing litigation to halt the UK’s deportations, said Tamils Against Genocide (TAG), in a litigation update released today. HRW said the UK should suspend deportations of ethnic Tamil asylum seekers to Sri Lanka and immediately review its policies and information about the country’s rights situation used to assess their claims." About 100 Tamil asylum seekers are scheduled for deportation from the United Kingdom on February 28, 2012.

In the case Tamils Against Genocide v United Kingdom (Application reference 77045/11) at the Queens Bench Administrative Court in December 2011, TAG had argued that the deportation of asylum seekers in a UK chartered flight in December breached a legitimate expectation that the policy on removal will be reviewed, in the light of ‘credible and relevant evidence’ of torture of returnees. The report of the UN Committee Against Torture (UNCAT) was included as evidence of ongoing torture, as was the 2011 report by British NGO Freedom From Torture.

But, Justice Mitting J held that each decision for removal must be individually appealed, and refused to allow a generic appeal. "The sole reason for refusal of permission was on the ground that a claim can only succeed on the grounds of individualized applications based on profile and not on the grounds of a challenge to the failure to review policy in the light of credible allegations of torture of failed asylum seekers on return," Lower Court Judge Mitting said in the order.

When the UK Appeals Court also sided with Justice Mitting, TAG filed an action before the European Court of Human Rights (ECHR) which also has jurisdiction over such asylum cases.

TAG's UK spokesperson Jan Jananayagam said that her organization will now take on board Mitting J’s criticism by incorporating the statement from HRW, and will assist individuals in bringing appeals to the UK courts, in addition to the ongoing class action in Europe.

Individual appeals to the UK High Court is be launched on Monday, TAG said.

“The evidence collected by HRW and their willingness to go public significantly alters the playing field," said TAG, adding “we urge asylum claimants and their solicitors to incorporate the new evidence into their appeals. TAG will make available new statements of evidence to interested refugees and their solicitors. Details of how to liaise with TAG to benefit from these new developments can be found in the litigation section of the TAG website."

Meanwhile, responding to Parliamentary questions on Wednesday the UK Foreign Office Minister, Alistair Burt, continued to deny that deportees from the UK are being detained and tortured by Sri Lankan authorities on their return. "We are aware of media allegations that returnees are being abused. All have been investigated by the High Commission, and no evidence has been found to substantiate any of them,” Alistair Burt said.

Alistair Burt’s position was flatly contradicted by Human Rights Watch and others who have declined to be named for fear of the safety of their witnesses.

In a related development the UK's Metropolitan Police have held discussions with NGOs working on preventing torture in Sri Lanka. The Metropolitan Police confirm they have made arrangements to collect evidence from witnesses and victims of torture at the point of entry to the United Kingdom and to arrange for a medical examination where necessary.

“While asylum seekers may be unfamiliar with British procedures and fear disclosing information, they should not hesitate to provide details on torture and other rights abuses to the police, if they or their family members are victims or witnesses to rights abuses, and ask for a referral to a non governmental Human Rights organization (NGO) that they trust,” TAG said.

An immigration attorney in the UK said that credibility issues arise when evidence relating to torture and other war crimes is introduced late in the asylum claim.. "It is always best for victims and their families to contact a victim support NGO at the earliest possible opportunity," the attorney added.

Chronology:

26.02.12  HRW's Sri Lanka torture report will help UK asylum..

16.12.11  UK Courts refuse stay on deportation, TAG appeals ..

14.12.11  TAG files legal challenge to UK deportation policy

Related Articles:
25.02.12   Halt deportations of Tamils, Sri Lanka tortures Tamil deport..
23.12.11   ‘Failure to confront UK deportations is failing humanity’


External Links:

Guardian:		UK not monitoring safety of Tamils deported to Sri Lanka
FM:		Charter flight to Sri Lanka 15 December 2011
Guardian:		Deported Tamils 'face torture' on return to Sri Lanka
ECHR:		European Court of Human Rights

UK to return refused Tamil asylum seekers to Sri Lanka

[TamilNet, Saturday, 10 December 2011, 17:44 GMT]
Despite ongoing concerns over risks of torture in Sri Lanka, including to Tamils returning to Sri Lanka, the UK government continues to remove refused Sri Lankan asylum seekers, with a charter flight planned for 15 December, a UK-based activist group, Freedom from Torture (FfT) said. The group has recently launched a public action calling on the UK government to take urgent steps to ensure that they are not returning anyone to a serious risk of torture in Sri Lanka following its publication of forensically-documented evidence of ongoing torture in Sri Lanka.

Sri Lanka panel discussion hosted by Freedom from Torture on Vimeo

The UK's role in pursuing an end to impunity and protecting those at risk of torture in Sri Lanka – including refused asylum seekers – was also the focus of a recent public event hosted by Freedom from Torture. The discussion panel included local MP and Shadow Minister for International Development, Rushanara Ali, the Director of Channel 4's 'Sri Lanka's Killing Fields', Callum Macrae, Amnesty International's, Yolanda Foster and Jan Jananayagam from Tamils Against Genocide. The members of the panel responded to questions and comments from the floor – and offered their own insights

• FFT Report: New evidence of torture in Sri Lanka

In the FfT's published report, "Out of the Silence: Ongoing torture in Sri Lanka“ the group said, "torture and ill-treatment perpetrated by state actors, both the military and the police, have continued in many parts of the country after the conflict ended in May 2009 and is still occurring in 2011."

Despite categorical denials from the government of Sri Lanka, the Committee also highlighted disturbing reports of "secret detention centres run by the Sri Lankan military intelligence and paramilitary groups where enforced disappearances, torture and extrajudicial killings have allegedly been perpetrated."

The group also quoted excerpts of a statement by a survivor of torture:

I was taken to a building. They asked questions like ‘what have you come back again?, ‘what did you do in the UK?’, ‘where is your brother?’ [an LTTE member]. I said I had no contact with him. They tortured me inside the room by removing my clothes and hitting me with burning irons. I was feeling a burning sensation all over my body. They kept me for two days and I found my body was all swollen. On the third day they put me inside the van. I thought they were going to shoot me. Later I realised that my family had given them some money and because of that I was released.”

Freedom from Torture is formerly the Medical Foundation for the Care of Victims of Torture, and has been working for 25 years to provide direct clinical services to survivors of torture who arrive in the UK as well as striving to protect and promote their rights. Since its inception, over 50,000 individuals have been referred for help.

External Links:

FFT:

UK removal flight to Sri Lanka despite recent UN concerns over torture allegations