Sri Lanka State Terrorism
Rape & Murder of Eelam Tamil Women
Sexual Violence Against Tamil Women
D. B. S. Jeyaraj, 8 July 2001
�The Sri Lankan security forces
have continued to commit serious human rights abuses, sexual
violence, in the context of the 17 year armed conflict against
the Liberation Tigers of Tamil Eelam. Sri Lankan Police have
also repeatedly committed rape and other sexual abuse in the
course of the fighting�. - Report by UN Special Rapporteur on
Violence Against Women [22 Dec 2000]
Eleven minority community political parties in Sri Lanka called for
a protest demonstration held on Friday, 6 July 2001. Five of these
parties represent the Sri Lankan Tamils and another five the Tamils
of Indian descent while the eleventh is a Muslim Party. The
objective of these parties in organizing this demonstration is to
protest and draw attention to the disturbing rise of sexual violence
against Tamil speaking women by personnel attached to the Armed
Forces, Police and Para Military Outfits. Even though the political
parties concerned are by no means the premier representative
organizations of the people they claim to serve, the call for a
protest was however enthusiastically received due to the serious
timeliness of the issue at hand.
As a result, the protest was a near total success in the North and
East with shops remaining closed, Schools being empty and transport
at a standstill. The undergrads and senior students in the N- E
spearheaded the campaign though few of them support the parties that
called for it. The Hill Country saw Plantation workers keeping away
from work for two hours and holding protest meetings. Black flags
dotted the estate landscape. In Colombo there was a lunch hour
demonstration. Several shops and businesses remained closed for a
short period. According to a spokesperson from a Tamil political
party, the protest was an overwhelming success because of popular
people support.
The phenomenon of Tamil women being sexually assaulted by defence
personnel �claiming to fight and uphold the unity and territorial
integrity of Sri Lanka� is nothing new. Complaints and protests have
been raised in various foras. Several International Organizations,
Tamil Politicians and Newspapers have highlighted these happenings
very often. Although the 1996-98 period saw a lot of such incidents
being reported, 1999 and 2000 had registered an all time low. This
does not necessarily mean that such violence had ceased but was
nevertheless, an indicator that it was on the decline. Some even
attributed it to the intensive Human Rights Education being imparted
to the Defence Personnel. This complacent mood however was shattered
by events of the past week when the spectre of sexual assaults on
Tamil women was resurrected again in Colombo.
Unlimited powers
The protest campaign was triggered off by a horrible
incident on June 24 at a checkpoint in Maradana. A 28-year-old Tamil
woman of Indian origin from Badulla was working as cashier at a
hotel in Fort. The mother of two was staying at a lodge in Maradana.
After work she walked home passing through the checkpoint manned by
Police and Army personnel. Her address and name was noted by the
cops and allowed to pass. Later the Policemen went to her residence
in the night and forced her under threat of arrest, to come to the
checkpoint. Since the current security situation enables Security
Personnel to wield unlimited power over any Tamil suspect, the woman
reluctantly agreed. She was gang raped by the cops and soldiers. She
was warned under threat of death to keep quiet. The victim however
told the lodge owner who took her to the Maradana Police who to
their credit took immediate action. Three Army and three Police
personnel have been arrested.
The revulsion felt by all decent people of the country at the
incident was great. An incident related by a Sunday Newspaper
illustrates this mindset. A 103 bus plying between Fort and Borella
through Maradana had pulled up at this checkpoint. Someone in the
vehicle had shouted out �this is the place where they gang-raped
that woman�. The passengers had spontaneously shouted derisively and
hooted in typical Lankan fashion at those manning that checkpoint.
Although the personnel stationed there had nothing to do with the
deplorable incident, the men had hung their heads shamefacedly and
retreated to their hut. The 11 party call for a protest was sparked
off by this, but extended in general, to the entire phenomenon of
Tamil women being the targets of sexual violence over the past
years.
The list of sexual offences allegedly perpetrated against Tamil
women[i] by members of the Armed Forces and Police is compiled from
news reports in the Tamil language newspapers and from additional
particulars supplied by Human Rights Organizations engaged in gender
issues.The list is neither representative nor exhaustive. it is
crucial to note that these incidents are only the tip of the iceberg
because several incidents have been suppressed by the authorities
while a vast number of cases have not been reported to the
authorities or organizations concerned about such violations.
This reluctance to reveal details of such instances is due to fear
of reprisals and social ostracization. Most perpetrators of sexual
offences are from the Police, Armed Forces or para-militaries.
Therefore, victims are mortally afraid of the consequences if and
when complaints are made. The cultural traditions of the community
are yet to evolve an acceptance and accommodativeness of such
violations. Hence, the suffering in silence. Despite these
shortcomings the list does serve as an index to gauge the scope and
scale of this terrible phenomenon.
The above-mentioned list provides an insight into this unceasing
problem. The report submitted to the UN Commission on Human Rights
early this year by the UN Special Rapporteur on �violence against
women, its causes and consequences� highlights the cases of violence
against women in times of armed conflict on a country by country
basis. A relevant extract is �The Sri Lankan Security Forces have
continued to commit serious human rights abuses, sexual violence, in
the context of the 17 year armed conflict against the Liberation
Tigers of Tamil Eelam. Sri Lankan Police have also repeatedly
committed rape and other sexual abuse in the course of the
fighting�.
Tamil women have in the North and East generally borne the brunt of
these sexual assaults. There have been however some instances of
Tamil speaking Muslim women also being victimised. A Muslim woman
from Ottamavadi was raped in front of her husband by Soldiers. Two
other documented cases are from Eravur. A 28 year old woman, Noor
Lebbai Sithie Umma was raped and murdered by an armed para -Military
group affiliated to the army. Likewise Ali Muhammath Athabia of
Eravur was tortured and sexually assaulted in front of her daughters
by members of an armed group.
While several incidents of sexual violence against Tamil women have
gone unreported for obvious reasons, the details of many reported
ones too have not been revealed. Many of the assaults perpetrated
against women of the North and East have not received any publicity.
But some incidents have received wide publicity Internationally
though, not enough national coverage particularly in the Sinhala and
English newspapers. Some of the better known incidents relate to
Krishanthy Kumaraswamy of Kaithady , Rajini Velauthapillai of
Urumpirai. Koneswari Murugesapillai of Amparai Central Camp Colony,
Ida Carmelita of Pallimunai, Mannar, Saravanabavaan Sarathambal of
Pungudutheevu etc. In all these cases, the victims were killed after
being sexually violated. The most gruesome was that of Koneswari
where a grenade was exploded inside her vagina after being raped and
killed, to remove all traces of the sexual offence.
Tortured in custody
There have been other incidents reported where mercifully the
victims have not been killed. One particular incident was that of
Nagamany Yogalingam Vijitha who was arrested in Trincomalee and
brought to Negombo. She was tortured horribly in custody. After ten
months of incarceration, she was released on bail after the
intervention of a Human Rights Organization. After a brief trial she
was released on the grounds of insufficient evidence. A court
summons was issued to the Officer-in-Charge of the Negombo Police
Station who is yet to present himself in court over this matter.
Another incident that attracted notice was the case of two women
Sivamani and Vijikala arrested in Uppukulam, Mannar by the Counter
Subversive Unit and the Navy. They were allegedly raped by personnel
belonging to both. When the incident came to light the Navy issued a
controversial press release absolving their men of any complicity.
The identification parade however disproved this claim. Although
persons allegedly involved in the incident were arrested, the
judicial process itself is painfully slow. Moreover the case is to
be heard in Anuradhapura because the accused fear to go to Mannar
courts.
The pattern of sexual assaults prevalent in the North and East came
to Colombo in a big way this year. Two women, Sivarajani and
Vimaladevi lodged at Haig Road, Bambalapitiya were detained and
sexually assaulted by the Police in May. It is alleged that the
Lodge Management was also involved in this shameful incident and had
connived and collaborated in the offence. Initially there was some
understandable reluctance by the victims to state as to what exactly
had happened to them. At the same time, efforts were taken by top
Police Officers to distort and underplay the incident. The victims
however revealed more details, when the case was taken up at the
Mount Lavinia Courts on Thursday.
This incident sent shock waves to the Tamils in Colombo that the
wolf was at the door. Sexual violence against Tamil women by those
in authority was no longer a phenomenon of the North and East alone.
It was prevalent in the metropolis too. Then came the Maradana
incident. Concern, anxiety and resentment over this state of affairs
increased in leaps and bounds. The Tamil parties functioning
essentially in Colombo had to be sensitive to the pressure emanating
from the [Colombo] community. The protest demonstration followed.
While politicizing the issue from a Tamil perspective in its
utilitarian value in the short term, the larger implications of the
issue should not be lost sight of.
Lack of concern
Although the victims are Tamil women, the issue cannot be confined
to ethnic terms alone. The issue at stake is that of sexual assaults
and violence against women in general. Unfortunately there seems to
be a lack of concern among mainstream Human Rights Organizations and
Feminist Activists on this. The universal outrage and condemnation
felt and exercised over the Krishanthy Kumaraswamy issue seems to be
absent now. Whatever the reasons for this, the organizations concern
should review and revise their stance. Allowing Tamil political
parties to depict the problem as a �Tamil� problem alone would not
help to eliminate the menace.
It is important for Tamils to realise that demonising the Sinhala
people on the whole for this tragic situation would not be very
helpful in the long run. This phenomenon of sexual violence in war
situations is not restricted to Sri Lanka alone. It is not a unique
attribute to the predominantly �Sinhala� Armed Forces or Police
either. Violence against women under similar circumstances is a
worldwide phenomenon. UN Special Rapporteur on violence against
women, Radhika Coomaraswamy states in her latest report to the UN
Human Rights Commission �Violence against women during wartime
continues to involve horrendous crimes that must shock the
conscience of humanity. Despite the significant progress that has
been made in recent years to strengthen legal prohibitions against
rapes and other sexual violence, women and girls throughout the
world continue to be the victims of unimaginable brutality�.
[Radhika Coomaraswamy, a Tamil woman of Sri Lankan extract who owes
her UN appointment to the Sri Lanka government, is known for her
penchant to downplay the violence against Tamil women in Sri Lanka �
Editor].
There is also the possibility that this type of violence against
women would be confined to Tamil women alone in the future. Even as
the problem moved from the North - East to Colombo there is no
ruling out the possibility of it transcending ethnicity in due
course. There was an incident some months ago that focused attention
on this possibility. The Police - Airforce checkpoint at Slave
Island pounced on a woman who they suspected was a Tamil suicide
bomber. They forced her to strip in broad daylight in the middle of
the road. Subsequently it was discovered that she was a Sinhala
woman from Ibbagamuwa in Kurunegala. Luckily for the strip search by
goons, the woman was of a rural background and therefore had no
influence. Therefore, the monstrous action went unpenalised, though
there was some criticism. This was silenced through a �masculinist
manouevre�; the woman was a �sex worker� it was alleged. Another
version was that she was a lunatic.
The idea was to �de-personize� her and �malign� her from a
patriarchal perspective and undermine her. By doing thus, the issue
of her rights being violated was deflected. The gravity of the
offence was reduced. Interestingly the lunatics were those who
sought to strip a suspected suicide bomber without adequate
precaution. Another point is what the situation would have been had
that woman been ethnically a Tamil instead of Sinhala? But the point
here is that even non-Tamil women could be victimised in the future.
Incidentally, the assertion that the woman from Ibbagamuwa was a
woman of loose morals has its parallel in other instances in Tamil
areas too. Koneswari, Ida Carmelita, Sarathambal , Vijikala and
Sivamani were all slandered wrongfully as �prostitutes� by those who
violated their rights in a horrible manner. It was as if that
assertion, even if a fact, gave these khakied offenders a right to
violate their rights.
The continuing pattern of sexual violence against Tamil women
persists because of the climate of virtual impunity that prevails.
Apart from the solitary Krishanthy Kumaraswamy case, there has not
been any other instance of the alleged offenders being meted out
justice though there are some judicial inquiries on, they are being
conducted in a manner that indicates justice would never be done.
Cases are transferred out of the original jurisdiction in favour of
the accused. This however places a great burden on the living
victims or those giving evidence on their behalf. What happens also
is that as cases get protracted the will to seek justice gets
enfeebled. The system seems designed to help the alleged offenders
rather than the hapless victims.
The Police being asked to investigate cases is another farce. �Birds
of a Khakied Feather stick together.� The arrested persons are
released on bail after a short spell. The cases keep dragging.
Evidence is unavailable. People cannot be identified. Most alleged
offenders are merely transferred and not interdicted pending
inquiry. Another aspect ignored is the gender sensitivity of the
issue. Investigating male officers do not possess the required
sensitivity and also share an unwritten bond with the accused fellow
male officers. Justice is delayed and by extension this justice is
denied. The credibility of the Judicial System in cases of this type
is so low that few people expect any justice at all. Even the
solitary exception of Krishanthy is now perceived as a ruse by the
government to make an example of a showcase case and enhance its
reputation.
Despicable Acts
This climate of impunity therefore encourages more and more persons
to abuse their authority and indulge in sexual violations. The
government is perceived as increasingly unwilling or unable to
address this problem. Most high-ranking officers of the Armed forces
and Police are fully conscious of the indiscipline amidst sections
of the rank and file. There is however no incentive to check this
tendency in a meaningful way. The fact that the despicable acts of
some vermin tarnishes the image of the entire Force is realised, yet
fails to register. The only way out is to introduce the principle of
superior or command responsibility. There is a possibility that if
commanding officers are held responsible for the Human Rights
Violations of their subordinates, then greater care and
responsibility would be exercised to maintain discipline.
There is also a need to be more aware of global trends in the field
of evolving jurisprudence in the area of Human Rights Violations in
general and violence against women in particular. The International
community has begun developing precise standards for rapes and
gender crimes of violence. These can be classified as war crimes,
crimes against humanity and even as components of genocide. This
applies to women being tortured or subject to inhuman and degrading
treatment too. There are numerous instances of Tamil women being
tortured and being meted out degrading treatment in custody. The
recent furore over General Janaka Perera�s appointment in Canberra
suggests that there is growing International awareness of the way in
which the war against the LTTE is being fought in Sri Lanka. So
these offenders should realise that a day of reckoning with
International consequences cannot be ruled out in the future.
The International tribunals set up to investigate the former
Yugoslavia and Rwanda have also created important precedents over
the issue of prosecuting wartime sexual violence. The state is
becoming held increasingly responsible. The cases and convictions
against Dusko Tadic, Tihomir Blaskic, Bazim Delic, and Anto
Furundzija of countries belonging to the former Yugoslavia have
through case law advanced the cause of women vicimised in war
situations. The Foca case concerning eight Bosnian Serbs is likely
to be another path-breaker as the accused are charged with crimes
against humanity for a widespread or systematic campaign of sexual
violence against women. The Rwanda example of the Jean - Paul
Akayesu conviction has established for the first time, that acts of
sexual violence can be prosecuted as constituent elements of a
genocidal campaign
The approval in Rome on July 17, 1998 of the Statute of the
International Criminal Court has, is another milestone. This statute
has specifically defined rapes and other gender based violence as
constituent acts of crime against humanity and war crimes. The Rome
statute also addresses structural issues including the need to hire
judges and prosecutors with special expertise on violence against
women and children and the establishment of a victim and witness
unit. These are �critical if the court is to function as progressive
mechanism for justice for victims of gender based violence�.
Likewise, the government needs to revise and revamp the existing
structure if it wants justice done in the case of sexual offences by
Police and Armed force personnel against women. It is clear that the
current system is structurally and functionally incapable of meting
out justice fully. Just as the draconian Prevention of Terrorism Act
was incorporated on the grounds that special powers and laws were
required to combat the menace of �terrorism�, new initiatives are
needed to control and curb the tendency of Security Forces
committing sexual assaults on people they are supposed to protect
like the saying about the �fence devouring the crops.� The
phenomenon of sexual violence against Tamil women by those in
authority can be checked only through an exhibition of political
will by the state. That is if it has one.
[i] A Sample Catalogue of Abuse
1996
11.05.96 Displaced unknown Woman at Kodikamam was raped and killed
by unknown soldiers
19.05.96 Sri Ranjani (18), Puvaneswari (36) and Rajeswari (38)
Sarasaalai by unknown soldiers. Rajeswari was Sri Ranjani�s mother
and Puvaneswaris sister.
19.05.96 Woman (Name undisclosed) � Colombothurai - Armed forces
07-04.96 (45) woman - Thiyavettuvaan - Soldiers
01.05.96 Pushpamalar (22) - Kachchaai - Soldiers
09.08.96 K.Baleswari -Kerudaavil. - Armed Forces
07.09.96 Krishanthi Kumarasamy (18) � Kaithady - Soldiers stationed
at Chemmani search point. (Tried and sentenced)
08. 09.96 Vasuki - Jaffna - Six Soldiers (area unknown)
10.09.96 55-year-old woman - Thirunelvely in Jaffna - Soldiers (area
unknown)
11.09.96 Thanaletchumi (17) - Kiliveddy in Mutur - Armed forces
Oct 1996 Letchumipillai - Trincomalee - Armed forces
Nov 1996 Young Girl in Vavuniya - Armed forces.
03.11. 96 Kanapathipillai Sornamma (35) Pattiyachcholai in Kalkudah
-Army stationed in Kalkudah
12.11.96 S.Thenuka (Ten Years) Pathaimeni in Atchuvely - Armed
forces
31.12.96 S.Sivasothy - Mandoor - Special Task Force at Mandoor.
Dec 96 P. Vanitha - Mayilambaaveli Housing Scheme - Army stationed
at Mayilambaavely
1997
09.01.97 S.Navamani P. Jeyanthi (22) and K.Mekala (16) -
Thiyavettuvaan - Defence Personnel at Valaichenai Paper Factory
Camp. Jeyanthi and Mekala were Navamani�s daughters.
Mar. 1997 Woman Worker at Kalliankaadu garment factory - Kalladi
Road Batticaloa - PLOTE (Mohan Group)
17.03.97 V. Rasamma (39) and V.Vasantha (28) at Mayilambaavely by
soldiers stationed there. Both were sisters.
17.05.97 Murugupillai Koneswari (35) -Amparai Central Camp Colony
-Central Camp Police.
19.05.97 Kirubadevi (37) - Madduvil North - Soldiers
17.07.97 - Vijayarani (17) - Araly - soldiers
05.08.97 Sinnappu Pakkiyam - (37) � Maavadivembu - Armed Forces at
Maavadivembu
19.08.97 S Rajini -Vipulananda Street, Valaichenai - Army at
Harbour.
05.09.97 Balandhi (Six years) - Atchuvely - Soldiers
12.09.97 Rajani Velauthapillai (23) - Urumpirai North - Soldiers in
Kondavil
16.10.97 Thanganayaki (49) - Amparai - Home Guards
28.10.97 (40) woman - Manthikai - (Soldiers)
12.07.97 K.Chandrakala (20) -Alvai. Soldiers
06.11.97 Shyamala (17) - Pallai - Soldiers
25.12.97 K. Amutha - Vidathaltheevu, Mannar - (Police)
27.12.97 Savari Madelleine (31) - Sorikkalmunai -5 division -
Sorikkalmunai (STF)
1998
16.03.98 S. Selvarani (28) - Meesaalai - (Soldiers)
15.04.98 P. Ajanthanaa (17) - Ariyaalai - (Police)
07.05.98 Mentally Retarded woman (36) Nochchikkulam, Mannar - (Armed
Forces)
22.06.98 K.Ragini (23) - Panichchankerni - (Army at
Panichchankerni).
16.07. 98 N. Bhavani (46) Thirunelvely, Jaffna - (Soldiers)
1999
11.07. 99 Ida Carmelita - Pallimunai in Mannar - (Soldiers from
Pallimunai Detachment)
17.12.99 N. Vijayalatchumi (19) - Kalmadu, Valaichenai - Tamil
ParaMilitary Group in East.
28.12.99 Saravanabavaan Sarathambal ( 20) - Punkudutheevu, 10th
division - Naval personnel
2000
21.06.00 Nagalingam Yogalingam Vijitha - Negombo - tortured and
assaulted in custody by Negumbo Police
2001
01.02.01 T. Ananthy (28 ) - Chettipaalaiam - (Special task force)
19.03. 01 S. Sivamani (22) - Uppukulam, Mannar - Counter Subversive
Unit and Navy.
19.03. 2001 - N. Vijikala (22) - Uppukulam , Mannar - (CSU and Navy)
19.05.01 Sivarajani -Haig Rd, Bambalapitiya - Alleged Sexual assault
by Police and Lodge Management.
19.05. 2001 � Vimalathevi - Haig Road, Bambalapitiya - Alleged
sexual assault by Police and Lodge Management.
24.06.01 28-year-old mother of two - at Maradana checkpoint -
Alleged gang rape by Police and Army |
