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Mannar torture and rape case

 

On March 19, 2001 two Tamil women, Mrs. Sivamani Sinnathamby and Mrs. Vijikala Nanadakumar, were arrested in Mannar by naval officers and taken into custody. While in custody both were raped and tortured by police officers. Eventually, they were produced before the Magistrate in Mannar.

At the time of the incident the case was very sensitive and drew the attention of the international community. A state of emergency was in position. Mannar district was considered a highly militarized zone.

The CHRD has been providing evidence since March 2001. Initially legal interventions of the CHRD were taken up at various Courts.

1. Magistrate’s Court, Mannar

2. Fundamental Application filed in the Supreme Court, Colombo

3. Magistrate’s Court, Anuradhapura

4. High Court, Anuradhapura

The CHRD has taken up this case in various stages. First when the case was taken up at the Magistrate’s Court, Mannar on April 9, 2001 the CHRD retained lawyers to watch the interest of victims. On that day, an identification parade in the Magistrate’s Court, Mannar, was held. Thereafter Attorney General’s Department indicted the suspects under the Torture Act which was transferred to the Anuradhapura High Court. Also non summary inquiry was held at the Magistrate’s Court, Anuradhapura. The CHRD filed a fundamental rights application in the Supreme Court and Court gave leave to proceed on May 14, 2001. The CHRD retained lawyers in all three cases, on behalf of victims.   

During the latter part of 2006 (November), the case was taken up at the High Court, Anuradhapura. The Attorney General’s Department decided it would be counter productive to take up the rape case, and amalgamated the two cases and made it a torture case. So the case was postponed to the following year since the State wanted to amend changes.

The case is continuing, which are mere calling dates.

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