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other legislation, do not have an independent right to a medical examination. The Code of Criminal Procedure Act in article 122(1) states that “where an officer in charge of a police station considers it necessary for the investigation, he or she may order the examination of any person by a medical practitioner.” 79 However, the decision to order a medical examination rests with the police officer. Violations: Torture, Rape, and Sexual Violence Sexual abuse in detention in cases investigated by Human Rights Watch appeared to be part of a broader effort to break down and degrade individuals in detention. Sexual violence frequently began with sexual humiliation and forced nakedness or semi-nakedness, either during the interrogation sessions or outside of them. Forced stripping was accompanied with verbal sexual threats and mocking, which added to the humiliation and degradation of being tortured. This psychological sexual abuse was frequently followed by physical torture and ill-treatment, including rape and various forms of sexual violence. For victims, it is difficult to acknowledge being raped and sexually abused. Human Rights Watch stopped interviews when victims became distressed in talking about their experience. Doctors say that victims can be reluctant to speak even when signs of sexual abuse are present. “Telltale signs of sexual violence in Sri Lankan cases are cigarette and other burns around genitals and breasts and bite marks, especially on buttocks,” said Dr. Allison Callaway, who has medically reviewed over a hundred Sri Lankan asylum seekers in the UK. “Women tend to clench particularly during a physical examination and both men and women show marked signs of Post-Traumatic Stress Disorder.” Whatever the circumstances of their abuse, the people interviewed by Human Rights Watch expressed shame in admitting rape and other sexual abuse. Most were incapable of describing being raped in detail because they could not formulate the language to explain what had happened. Many felt that they had been picked because of alleged links to the LTTE and felt this made them vulnerable. A large number did not disclose their abuse in their initial screening interviews for asylum in various countries. Instead they disclosed details of their abuse to psychiatrists and doctors only when they were specifically probed 79 See Sri Lanka Consolidated Acts, Code Of Criminal Procedure Act (No. 15 of 1979) - Sect 122, http://www.commonlii.org/lk/legis/num_act/cocpa15o1979276/s122.html (accessed January 3, 2013). 39 HUMAN RIGHTS WATCH | FEBRUARY 2013
on this aspect of torture. “Victims sometimes give ‘hints’ in the substantive interviews, but these are more often than not, not picked up by the interviewing officer, unless some details are provided,” a senior immigration barrister in the UK told Human Rights Watch. 80 Cultural stigmatization and shame is a very real deterrent to seeking help for both men and women who have been raped in custody. One man told Human Rights Watch that it was impossible for him to admit being raped to anybody, including his wife. Various forms of sexual abuse were reported to Human Rights Watch by former detainees. Men said that they were kicked in the genitals; had their testicles repeatedly squeezed; were forcibly masturbated; were forced to perform or receive oral sex; and were orally and anally raped. CR, 45, said for instance that a group of soldiers and paramilitaries raped him with a small glass bottle. 81 Women told Human Rights Watch of being kicked or otherwise having their genitalia assaulted; being forced to perform oral sex; and suffering biting, scratches, and other wounds to their breasts and other parts of their bodies. All the women interviewed by Human Rights Watch suffered vaginal rape at least once, but some repeatedly. These rapes resulted in extremely heavy bleeding, miscarriages, pregnancy, and other outcomes. Sexual abuse can have long-lasting physical and psychological effects. Some men who experienced anal rape and forced penetration with instruments said that they experienced ongoing pain in their anus and bleeding. Many of those Human Rights Watch interviewed were receiving psychiatric care in addition to continued medical treatment. They described a range of psychological symptoms that included difficulty getting to sleep; waking with nightmares; jumpiness and irritability; trying to avoid remembering what happened in detention; and depression. A consultant psychiatrist in the UK told Human Rights Watch: “The level of trauma among those who have escaped from recent detention in Sri Lanka is extremely high. It will take them many years of counseling before they are able to lead normal lives.” 82 80 Human Rights Watch interview with senior immigration barrister (name withheld), London, January 8, 2012. 81 Human Rights Watch interview with CR, December 10, 2011. 82 Human Rights Watch interview with UK-based consultant psychiatrist specializing in trauma and depression (name withheld), January 12, 2012. “WE WILL TEACH YOU A LESSON” 40
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 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: Violations: Denial of Basic Due Pro
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
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Page 79 and 80: Name: YS Gender: Female Age: 27 Dat
Page 81 and 82: Name: FJ Gender: Male Age: 20 Date
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Name: HB Gender: Male Age: 22 Date
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Name: GW Gender: Female Age: 40 Dat
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Name: MH Gender: Female Age: 35 Dat
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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
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Name: DJ Gender: Female Age: 23 Dat
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Name: PR Gender: Male Age: 26 Date
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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
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Name: DV Gender: Female Age: 37 Dat
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Name: PT Gender: Male Age: 23 Date
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“We Will Teach You a Lesson” Se
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