Download the full report - Human Rights Watch

More documents

Recommendations

Info

sexual violence and rape by members of government forces and their Tamil surrogate forces, during and in the aftermath of the final phases of the armed conflict.” The panel added: “rapes of suspected LTTE cadre are also reported to have occurred, when they were in the custody of the Sri Lankan police (CID and TID) or SLA [Sri Lankan Army].” 2 Humanitarian workers present in northern Sri Lanka during the final months of the conflict described widespread rape of women by the Sri Lankan army. A former UN field officer told Human Rights Watch that “a large number of women fleeing from the conflict areas during the peak of fighting were sexually assaulted. The abuse was extensive, causing a large number of civilians to flee back to the theater of conflict to escape the abuse.” 3 Women and men who were raped told Human Rights Watch that they had generally kept silent about their abuse, fearing social stigmatization and reprisals from perpetrators if they reported the crime. The reluctance to report sexual abuse also stems from institutional barriers imposed by the Sri Lankan government to block effective reporting and investigation of rape cases. Many LTTE suspects have been held under the Prevention of Terrorism Act (PTA) which provides effective immunity to officials implicated in abuses. Medical and psychological treatment for rape survivors has also been hindered by the government. Detainees held under the PTA do not have an independent right to a medical examination. Neither is such a right available under the Code of Criminal Procedure or in terms of special laws applicable to deterring torture and cruel, inhuman and degrading treatment, such as the Convention Against Torture Act. Under the Prevention of Terrorism Act (PTA), currently in effect, as well as under the State of Emergency in effect during the war, confessions to the police and other authorities obtained under duress are admissible unless the accused can prove that they were involuntary. And the Sri Lankan military, through the Presidential Task Force on Resettlement, Reconstruction, and Security in the Northern Province (PTF), has effectively prohibited any local or international nongovernmental organizations from providing services for survivors of sexual violence. Since the end of the armed conflict in 2009, the continued large-scale deployment of the armed forces in former LTTE areas of northern Sri Lanka, coupled with increased 2 UN Secretary-General, Report of the UN Secretary General’s Panel of Experts on Accountability in Sri Lanka, March 31, 2011, http://www.un.org/News/dh/infocus/Sri_Lanka/POE_Report_Full.pdf 3 Human Rights Watch interview with Peter Mckay, field officer with the UN Office for Project Services in Sri Lanka from January-April 2009, Sydney, December 19, 2011. 7 HUMAN RIGHTS WATCH | FEBRUARY 2013
surveillance of civil society groups, has stymied community responses to rights abuses including sexual violence. Torture, including rape and other sexual violence of persons in custody, violates Sri Lanka’s obligations under international human rights law and international humanitarian law (“the laws of war”). The Sri Lankan government has an obligation not only to prevent such violations, but also to investigate credible allegations of abuse and prosecute those responsible. Officials who knew or should have known of such abuses and failed to take action, are criminally liable as a matter of command responsibility. To date, only a handful of reported acts of rape committed by members of security forces have been prosecuted. No senior military official has been prosecuted for any serious crime related to the conflict, and crimes of sexual violence have been no exception. Access to justice for victims of rape in Sri Lanka remains particularly difficult. Victims are typically unaware of remedies to which they are entitled under Sri Lankan law, and investigations are few. Responsibility for this situation rests with the Sri Lankan government. But the Rajapaksa administration has taken no serious action in response to domestic and international calls for investigations into alleged human rights violations by Sri Lankan security forces. The government’s responses to allegations of sexual violence by its security forces in the final days of the conflict have been dismissive. Most have been deemed as “fake” or “pro-LTTE propaganda.” The Sri Lankan government should make serious efforts to prevent and punish sexual violence by the police and the military. As a matter of urgency, the Sri Lankan government needs to conduct credible and impartial investigations into cases of rape and other sexual violence that occurred during the armed conflict and its aftermath, and prosecute those responsible for these crimes, including persons with command responsibility. The international donor community should press Sri Lanka to ensure cases of sexual violence by security forces are seriously investigated and prosecuted. Support should be provided for nongovernmental organizations in Sri Lanka that provide psycho-social and other support for victims of sexual violence as well as other abuses. “WE WILL TEACH YOU A LESSON” 8
Page 1 and 2: H U M A N R I G H T S W A T C H “
Page 3 and 4: Copyright © 2013 Human Rights Watc
Page 6: Map of Sri Lanka
Page 9 and 10: Available information indicates tha
Page 11 and 12: sexual violence such as bites on th
Page 13: Not all detainees subjected to sexu
Page 17 and 18: Methodology From November 2011 to O
Page 19 and 20: I. Background The 26-year-long arme
Page 21 and 22: The Sri Lankan government declared
Page 23 and 24: Senior government officials initial
Page 25 and 26: From 1990 to 2002, Sri Lankan civil
Page 27 and 28: of women and girls. In its response
Page 29 and 30: ongoing military control over admin
Page 31 and 32: damages. 43 The UN has reaffirmed t
Page 33 and 34: Aside from their direct criminal re
Page 35 and 36: Rights Watch and other organization
Page 37 and 38: Criminal Investigation Department (
Page 39 and 40: For instance, GD, a 31-year-old wom
Page 41 and 42: Human Rights Watch that he and othe
Page 43 and 44: international airport, and taken to
Page 45 and 46: Violations: Denial of Basic Due Pro
Page 47 and 48: on this aspect of torture. “Victi
Page 49 and 50: IV. Domestic Response Post-War Barr
Page 51 and 52: LTTE conspiracy to defame and demon
Page 53 and 54: It is possible to identify specific
Page 55 and 56: • Establish, maintain, and public
Page 57 and 58: Appendix: Cases of Rape and Other S
Page 59 and 60: Name: KM Gender: Male Age: 22 Date
Page 61 and 62: Name: DK Gender: Male Age: 21 Date
Page 63 and 64: Name: VV Gender: Male Age: 29 Date
Page 65 and 66:
Name: BL Gender: Male Age: 28 Date
Page 67 and 68:
Name: KP Gender: Male Age: 31 Date
Page 69 and 70:
They left me naked with my hands ti
Page 71 and 72:
Name: MB Gender: Male Age: 27 Date
Page 73 and 74:
Name: JV Gender: Male Age: 28 Date
Page 75 and 76:
Name: IR Gender: Female Age: 29 Dat
Page 77 and 78:
Name: KI Gender: Female Age: 29 Dat
Page 79 and 80:
Name: YS Gender: Female Age: 27 Dat
Page 81 and 82:
Name: FJ Gender: Male Age: 20 Date
Page 83 and 84:
Name: DB Gender: Male Age: 19 Date
Page 85 and 86:
Name: PP Gender: Female Age: 29 Dat
Page 87 and 88:
Name: LP Gender: Male Age: 20 Date
Page 89 and 90:
Name: RC Gender: Female Age: 30 Dat
Page 91 and 92:
Name: MT Gender: Female Age: 30 Dat
Page 93 and 94:
Name: YN Gender: Male Age: 46 Date
Page 95 and 96:
Name: DS Gender: Male Age: 17 Date
Page 97 and 98:
Name: HB Gender: Male Age: 22 Date
Page 99 and 100:
Name: CN Gender: Female Age: 32 Dat
Page 101 and 102:
Name: GW Gender: Female Age: 40 Dat
Page 103 and 104:
Name: VM Gender: Female Age: 26 Dat
Page 105 and 106:
Name: MH Gender: Female Age: 35 Dat
Page 107 and 108:
Name: VB Gender: Female Age: 28 Dat
Page 109 and 110:
Name: PV Gender: Female Age: 26 Dat
Page 111 and 112:
Name: EN Gender: Female Age: 28 Dat
Page 113 and 114:
Name: ST Gender: Female Age: 50 Dat
Page 115 and 116:
Name: OP Gender: Male Age: 20 Date
Page 117 and 118:
Name: YT Gender: Female Age: 22 Dat
Page 119 and 120:
Name: RS Gender: Male Age: 27 Date
Page 121 and 122:
Name: KN Gender: Female Age: 30 Dat
Page 123 and 124:
Name: JM Gender: Female Age: 31 Dat
Page 125 and 126:
MG’s medico-legal report, on file
Page 127 and 128:
I could not endure the torture anym
Page 129 and 130:
Name: TH Gender: Female Age: 28 Dat
Page 131 and 132:
Name: DJ Gender: Female Age: 23 Dat
Page 133 and 134:
Name: PR Gender: Male Age: 26 Date
Page 135 and 136:
Name: MJ Gender: Female Age: 32 Dat
Page 137 and 138:
They kicked me on my genitals and r
Page 139 and 140:
Name: DH Gender: Female Age: 32 Dat
Page 141 and 142:
Name: LV Gender: Female Age: 38 Dat
Page 143 and 144:
Name: DV Gender: Female Age: 37 Dat
Page 145 and 146:
Name: PT Gender: Male Age: 23 Date
Page 147:
“We Will Teach You a Lesson” Se
show all

Download the full report - Human Rights Watch

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?