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Chapter Two – Illustrative Cases
This section provides an analysis of a series of emblematic cases of unlawful killings,
rape, and enforced disappearances in Sri Lanka. The identification of these illustrative
cases and the environment in which they arose provides further context for the
analysis of commissions of inquiry appointed during the same period to respond to
similar cases.
1. The Krishanthi Kumaraswamy Case
In 1996, the rape and murder of an 18-year-old girl near Jaffna by eight on-duty
soldiers and a police officer galvanised public opinion in the country. A Tamil school
girl named Krishanthi Kumaraswamy, a bright student with several academic
distinctions and a promising future, was cycling back from sitting exams at her high
school on 7 September, 1996 when she was stopped at a checkpoint near Kaitadi by
Sinhala security personnel, detained, repeatedly gang raped, and murdered. Her
mother, brother, and neighbour went in search of her and were also killed. The bodies
of the four missing persons were later discovered and exhumed from a clandestine
grave near Chemmani.
The case was brought to the courts because of the sheer weight of public pressure,
leading to the arrest and remand of eight army soldiers and three police officers. An
indictment was filed directly in the High Court against the 8 soldiers and one
policeman 146 and a trial-at-bar was nominated to hear the case. 147 The charges
included abduction with intent to force illicit sexual intercourse, rape, and murder. 148
The prosecution had to establish a common intention to commit these offences,
including the cover-up of the crimes. One accused died during the trial, one was
acquitted, and the other six were convicted on various counts. 149
The support of witnesses and friends of the murdered schoolgirl and active
involvement by Sri Lanka’s activist community generated public support for
accountability. The political will to punish the perpetrators was evidenced at the
highest level of the Presidential Secretariat. As a result, this trial was distinguishable
from many other similar incidents of that period. It was also notable that the evidence
of Sinhalese witnesses played a major part in securing the convictions of the accused.
For example, the testimony of an independent witness, Samarawickreme, who
confirmed the arbitrary detention of the young girl at the checkpoint, was crucial to
146 The Attorney-General decided to pardon two suspects who were not directly involved, on condition
that they testify against the others.
147 The impact of a trial-at-bar in prosecutions of this nature is examined in Chapter 5 of this report.
148 “Abduction with intent that the victim may be compelled or knowing it to be likely that she will be
forced or seduced into illicit sexual intercourse,” s. 357 of the Penal Code; rape, s. 364; and murder, s.
296.
149 Krishanthi Kumaraswamy Case, H.C. Case No. 8778/1997, High Court of Colombo, H.C. Minutes
03.07.1998, Bench of three judges, Analysis of judgment of Judge Gamini Abeyratne, High Court
judge Negombo. The bench of three judges was appointed by the Chief Justice in order to dispense
justice and equity in the shortest time in terms of sub-section (2) 450 of the Criminal Procedure Code
Act No. 15 of 1979 as amended by Act No. 21 of 1988 as a result of the information submitted by the
Attorney General under subsection 450(4) of the Criminal Procedure Code, No. 15 of 1979 (as
amended) in order to conduct a special judicial hearing in the High Court before a three judge bench
without a jury. Their appeals against the convictions were dismissed in the appellate process.
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