Human Rights Watch (HRW) produced fresh evidence of Sri Lanka’s torture of recent Tamil deportees, on Friday, which significantly bolsters ongoing litigation to halt the UK’s continuing deportations says Tamils Against Genocide (TAG) in a litigation update released Saturday.

Spokesperson from TAG, Jan Jananayagam said,

“The evidence collected by HRW and their willingness to go public significantly alters the playing field."

“We urge asylum claimants and their solicitors to incorporate the new evidence into their appeals."

"TAG will make available fresh grounds of evidence to interested refugees and their solicitors."

"Details of how to liaise with TAG to benefit from these fresh grounds is given in the litigation section of the TAG website at www.tamilsagainstgenocide.org “

As with report by the UN Committee Against Torture (UNCAT), the 2011 report by British NGO Freedom From Torture, detailed evidence of on-going torture of Tamils in Sri Lanka.

A chartered deportation flight in December 2011 had breached a legitimate expectation that the policy on removal will be reviewed, in the light of ‘credible and relevant evidence’ of on-going torture, TAG had argued.
 
The case - Tamils Against Genocide v United Kingdom  (Application reference 77045/11) - was filed before the ECTHR in December 2011 after a UK judge refused permission to hear it. The UK’s Mittel J held that each decision for removal must be individually appealed, not allowing a generic appeal.

TAG says it will now take on board Mittel J’s criticism and assist in bringing individual appeals to the UK courts in addition to the ongoing class action in Europe.

Individual appeals to the UK High Court will be launched on Monday incorporating the statement from Human Rights Watch.
 
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.” said Burt. 

Burt’s comments flatly contradicted by NGOs such as Human Rights Watch and others who have declined to be named for fear of the safety of their witnesses, said TAG.
 
In a related development the UK's Metropolitan Police have held discussions with NGOs working on preventing torture in Sri Lanka. The Met 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.

Commenting on the development, TAG said, 

“While asylum seekers who are unfamiliar with Britain may be reluctant to disclose information to the police, they should disclose that they or their family members are victims or witnesses of human rights abuses and ask for a referral to a non governmental Human Rights organisation that they trust.”

An immigration lawyer in association with TAG said,

“When evidence relating to torture and other war crimes is introduced late in the asylum claim, credibility issues arise. It is always best for victims and their families to contact a victim-support NGO at the earliest possible opportunity."