Sri Lanka: Whether individuals have been detained or imprisoned under the terms of the "Immigrants and Emigrants (Amendment) Act No. 42 of 1998;" whether Tamils have been singled out for prosecution under this Act (1999-December 2001)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 10 December 2001 |
| Citation / Document Symbol | LKA37900.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Sri Lanka: Whether individuals have been detained or imprisoned under the terms of the "Immigrants and Emigrants (Amendment) Act No. 42 of 1998;" whether Tamils have been singled out for prosecution under this Act (1999-December 2001), 10 December 2001, LKA37900.E, available at: https://www.refworld.org/docid/3df4be6328.html [accessed 22 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Implementation of the "Immigrants and Emigrants (Amendment) Act No. 42 of 1998" resulted in a number of changes to the Immigrants and Emigrants Act, including disallowance of bail or suspended sentencing in cases where an individual had attempted to leave the country using fraudulent travel documents (Department of the Attorney General 3 Oct. 2001).
In a 1 October 2001 interview, the controller of the Department of Immigration and Emigration stated that individuals returning from abroad would be charged under the Immigrants and Emigrants Act only if they were found to be in possession of false travel documents.
This information was corroborated by the director of Criminal Investigation Department of the Sri Lanka Police, who stated in a 3 October 2001 interview that while his officers would investigate the manner in which returnees left the country, there would be no grounds for prosecution under the Immigrants and Emigrants Act unless they were found to be carrying a false travel document or admitted they had left the country carrying such a document.
In a 12 October 2001 interview, the magistrate of Negombo, whose area of jurisdiction includes Bandaranaike International Airport, stated that individuals returning from abroad after having left the country with fraudulent travel documents fall into two categories: 1) those who are being deported and whose travel documents are being handed over to Sri Lankan authorities; and 2) those who are returning to Sri Lanka after having disposed of their travel documents. In the first case, the fraudulent travel document constitutes evidence of an offence under Section 45 of the Immigrants and Emigrants Act, and thus such individuals would be remanded in custody and face prosecution under the terms of the Act (ibid.). In the second case, because there is no evidence available of an offence having been committed on Sri Lankan soil, individuals would not face any charges under the Act, and would be discharged once the Criminal Investigation Department of the Sri Lanka Police has established that they are not wanted in connection with illegal activities (ibid.).
According to the magistrate, individuals prosecuted under the Immigrants and Emigrants Act who plead guilty are typically fined and sentenced to one year in prison (ibid.).
In a 3 October 2001 interview, the state counsel managing a unit established by the Department of the Attorney General to deal with cases falling under the terms of the "Immigrants and Emigrants (Amendment) Act No. 42 of 1998" stated that approximately 380 individuals have been detained and charged under the Act since May 2001. According to the state counsel, those charged are individuals who were caught while in possession of fraudulent travel documents (ibid.).
In a 2 October 2001 interview, the Embassy of Switzerland's immigration attaché in Colombo stated that he was not aware of any cases in which returnees had been charged or convicted under the terms of the Immigrants and Emigrants Act.
The First Secretary of the Embassy of Netherlands stated in a 2 October 2001 interview that she knew of only one case in which a returnee had been charged under the Immigrants and Emigrants Act. According to the First Secretary, this individual had been found in possession of a forged seaman's book (ibid.).
In an 11 October 2001 interview, the Treasurer of Forum for Human Dignity, a non-governmental human rights organization, stated that while returnees do not face prosecution under the "Immigrants and Emigrants (Amendment) Act No. 42 of 1998," he was aware of cases in which deportees have been charged under the terms of this Act.
No information on whether Tamils have been singled out for prosecution under the Immigrants and Emigrants Act could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Department of Immigration and Emigration, Colombo. 1 October 2001. Interview with controller of immigration and emigration.
Department of the Attorney General, Colombo. 3 October 2001. Interview with state counsel.
Embassy of Netherlands, Colombo. 2 October 2001. Interview with first secretary.
Embassy of Switzerland, Colombo. 2 October 2001. Interview with immigration attaché.
Forum for Human Dignity, Colombo. 11 October 2001. Interview with treasurer.
Office of the Magistrate of Negombo, Negombo. 12 October 2001. Interview with magistrate of Negombo.
Sri Lanka Police, Criminal Investigation Department, Colombo. 3 October 2001. Interview with director.
