WAN hails judgment on Vishwamadu rape case

The Women's Action Network(WAN) has welcomed the October 6 precedent- setting verdict of the Vishwamadu military rape case (case no 1569/12) delivered by the Jaffna High Court.

In a statement, WAN saluted the courage of both victims, especially one of them who pursued the case in-spite of physical harm, intimidation, insults and harassment since she registered her complaint on June 14, 2010. "Her tenacity in the midst of personal ordeal and structural obstacles placed against her and her family members while she pursued the case needs to be lauded, as it provides hope not only for many other women who have filed cases of sexual abuse against the military but also the scores of women who continue to suffer in silence.

It also highlights the structural obstacles placed on women who are seeking justice even in a post war context," it added.

The Jaffna High Court sentenced the soldiers each for 20 years' rigorous imprisonment and ordered the payment of compensation of Rs. 500,000 and a fine of Rs. 25,000 for the gang- raped victim.

In the case of failure to pay the compensation they will serve two more years RI and failure to pay the fine will result in an additional year of imprisonment. For sexual assault, the court sentenced the four soldiers to a five-year RI and ordered Rs. 100,000 as compensation and a fine of Rs. 10,000 each. In the event of failure to pay the compensation one more year of RI and an additional year of imprisonment will be imposed if they fail to pay the fine. The judge ordered that each of the convicted will serve a sentence of 25 years and an additional five years if they fail to pay compensation to the victims, the statement said. WAN also called upon the government, the Police Department and the Attorney General's Department to take immediate action to end the impunity against sexual violence, especially in cases where state officials are the alleged perpetrators.

WAN also called for the setting up of a special mechanism to ensure all reported cases of sexual torture and sexual violence are investigated swiftly and in a gender sensitive manner, expediting the prosecution process and an immediate revision in the Penal Code is undertaken to ensure victims of sexual violence perpetrated by State actors are provided compulsory compensation and also to make rape and sexual torture and violence non-bailable offences at least until the non- summary proceedings conclude.