The Fraught Road To Justice: Sri Lankan Victims Of Sexual Violence
By Kirsty Anantharajah –October 20, 2016
Kirsty Anantharajah
International and domestic studies, articles and reports in Sri Lanka are steadily illuminating the extent of sexual violence committed against women (and men) in the context of the war and times of ‘peace’. Justice and accountability for these harms, however, remain noticeably absent. Apart from a handful of cases, impunity forms the dominant landscape of Sri Lankan women’s experience with seeking redress for sexual violence. Hope for any relief from this current state of injustice and inaction will depend on the re-establishment of the Rule of Law; yet the numerous loci of impunity within the justice system makes this a particularly challenging task.
Institutional cultures of custodial rape and torture
In 2001, Sivamany Sinnathamby and Wijikala Nanthakumar, were arrested in their Mannar homes by navy officials and members of the Police Special Investigation Unit. They were arrested under the Prevention of Terrorism Act (PTA) and the Emergency Regulations, and were taken to the office of the Counter-Subversive Unit. The two women were brutally raped and tortured in custody: The torture continued until the women signed confessions in Sinhalese, (falsely) affirming that they were members of the Liberation Tigers of Tamil Eelam (LTTE) who had carried bombs to Mannar. When Sivamany and Wijikala were initially examined by the Judicial Medical Officer (JMO) in Mannar, no evidence of rape was reported. This outcome led to a significant community outcry and the women were re-examined by the Colombo JMO; the results of this examination showed strong signs of rape. One rationale for the initial finding at the office of the Mannar JMO, is that the women, following intimidation, did not actually allow any medical examination to occur. If community pressure did not result in a second examination, the women’s case would lack the essential medical evidence upon which successful prosecution rests. Three police officers and nine navy personnel were later identified as perpetrators.
Following the police complaint made by Sivamany and Wijikala, a campaign of intimidation by the perpetrators and their associates spread beyond the victim-witnesses to the women’s community. The Tamil Guardian notes that the Mannar Citizens’ Committee, vocal supporters of the women’s search for accountability, began receiving daily calls threatening to murder all the members of the committee at the conclusion of the trial. The journalist who first reported the detention and rape of the Mannar women, was detained, interrogated and harassed by army personnel. Members of the armed forces also threatened Wijikala’s mother.
