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lood-stained and contained visible torture instruments. Interrogation was conducted in Sinhala with a Tamil-speaker present as an interpreter. Most victims who spoke to Human Rights Watch said they were told they would be released if they agreed to sign a confession, were tortured until they agreed to do so, and, in many cases, were tortured afterwards as well. Frequently, the rapes continued throughout their detention. Under Sri Lanka’s Evidence Ordinance, confessions made to a policeman or other public officer, and confessions made while in the custody of the police are not admissible as dispositive evidence in ordinary criminal cases unless they are made in the presence of a magistrate. But such confessions are presumptively dispositive under the Prevention of Terrorism Act (PTA), which has remained in effect after the end of hostilities. Confessions made under “inducement, threat or promise” are legally inadmissible. However, the PTA reverses the burden of proof, putting the onus on victims to prove that their confessions were made under duress and therefore the evidence gathered under torture is inadmissible in court. 69 As noted above, all of the victims interviewed by Human Rights Watch were able to “escape” from detention only by paying a bribe after they had signed a confession that was coerced under rape and other forms of torture and ill-treatment. Detainees who did confess after mistreatment were frequently taken to other sites, and told to identify and implicate others. Fearing further abuse, these detainees often identified other men and women as LTTE members or supporters even though they did not recognize them or knew otherwise. The sexual abuse was frequently carried out by more than one person, often with multiple onlookers, including women members of the security forces. This would indicate that the practice was not something secret, but was well-known by the authorities, at least at a particular detention facility. Precise details like the names and ranks of those who interrogated and sexually abused the detainees was either not known or could not be recalled, unsurprising under the circumstances. The one exception was PR, 26, who told 69 Prevention of Terrorism Act, No. 48 of 1979 (PTA), section 16(2): “The burden of proving that any statement referred to in subsection (1) is irrelevant under section 24 of the Evidence Ordinance [which deems confessions extracted “by inducement, threat or promise” to be irrelevant] shall be on the person asserting it to be irrelevant”; South Asia Terrorism Portal (SATP), “Prevention of Terrorism Act, No. 48 of 1979,” undated, http://www.satp.org/satporgtp/countries/shrilanka/document/actsandordinance/prevention_of_terrorism.htm (accessed January 3, 2013). 33 HUMAN RIGHTS WATCH | FEBRUARY 2013
Human Rights Watch that he and other detainees were raped repeatedly at night by KK, a police officer from the Colombo Crime Division at his room in the Dehiwela police station in June 2008. “Everybody knew that when he [KK] takes someone out of the cell,” PR said. “He will rape them.” 70 Both men and women were raped. Rape often occurred in cells at night or in interrogation rooms in which other acts of torture took place. It was carried out by prison guards and officers, often repeatedly and often by more than one individual. Frequently the perpetrators had been involved in interrogating the victims during the day, had used some form of sexual violence during questioning, and returned later for more serious violence. Sexual violence included groping, kicking and squeezing genitals, biting buttocks and breasts, and burning sensitive areas like inner thighs and breasts with cigarettes. The patterns across perpetrators, places of detention, and interrogation practices noted above strongly suggest that rape and other sexual violence was a systematic practice that was known or should have been known at the highest levels of the state security apparatus. Victims The predominately ethnic Tamil detainees we spoke with who alleged that they were raped and otherwise sexually abused while in the custody of Sri Lankan security forces covered a broad spectrum. They included men and women, ranged in age from 16 to 50, and came both from Tamil areas of the north and east, and from Colombo and vicinity. Tamilspeaking Muslims were also among those so treated, and one case involving a Sinhalese woman suggests that the majority population has not been exempt from such mistreatment. While all were accused of being LTTE members or supporters, or were questioned about others who had such involvement, most of the individuals we spoke to denied direct involvement in the LTTE but admitted links through spouses and relatives, or said they had been forced to join the LTTE. No doubt in many cases the security forces realized the detainee was not responsible for any unlawful acts—yet continued their abusive treatment anyway. In any case, torture and other ill-treatment are prohibited under all circumstances, regardless of whether the victim may have violated the law. 70 Human Rights Watch interview with PR, January 28, 2012. “WE WILL TEACH YOU A LESSON” 34
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 and 14: Not all detainees subjected to sexu
Page 15 and 16: surveillance of civil society group
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: For instance, GD, a 31-year-old wom
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
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Name: MT Gender: Female Age: 30 Dat
Page 93 and 94:
Name: YN Gender: Male Age: 46 Date
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Name: DS Gender: Male Age: 17 Date
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Name: HB Gender: Male Age: 22 Date
Page 99 and 100:
Name: CN Gender: Female Age: 32 Dat
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Name: GW Gender: Female Age: 40 Dat
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Name: VM Gender: Female Age: 26 Dat
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Name: MH Gender: Female Age: 35 Dat
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Name: VB Gender: Female Age: 28 Dat
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Name: PV Gender: Female Age: 26 Dat
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Name: EN Gender: Female Age: 28 Dat
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Name: ST Gender: Female Age: 50 Dat
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Name: OP Gender: Male Age: 20 Date
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Name: YT Gender: Female Age: 22 Dat
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Name: RS Gender: Male Age: 27 Date
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Name: KN Gender: Female Age: 30 Dat
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Name: JM Gender: Female Age: 31 Dat
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MG’s medico-legal report, on file
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I could not endure the torture anym
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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
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They kicked me on my genitals and r
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Name: DH Gender: Female Age: 32 Dat
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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
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