Features
Easter Sunday attacks and harassment of Fr Cyril Gamini
By Dr Laksiri Fernando
On November 15 and 16, two consecutive days, Rev. Fr. Cyril Gamini was asked to come to the Criminal Investigation Department (CID) and has been questioned for almost eight to nine hours each day, from 9.00 am to 5.00 or 6.00pm. On the second day, in the afternoon, he was asked to come on the next day, and it was on his request, or protest, that the statement taking was completed on the same day.
Otherwise he would have been asked to come another day. As he clearly expressed to the media after returning from the CID, he has strongly felt that he had been harassed by the CID by dragging the so-called investigation, questioning, and statement taking for no valid reason. A victim has been converted into a ‘perpetrator’ by Sri Lanka’s intelligence system.
Who are the victims?
The whole world knows what happened in Sri Lanka on Easter, April 21, 2019. Apart from three luxury hotels in Colombo (Cinnamon Grand, Kingsbury and Shangri-La), attacks were carried out by suicide bombers on three churches (St. Anthony’s, Colombo; St. Sebastian’s, Negombo; and Zion Church, Batticaloa).
Later that day, two more bombs exploded, one at a house in Dematagoda and another at the Tropical Inn in Dehiwala. A total of 269 people, excluding the eight suicide bombers, were killed in the events, including about 45 foreign nationals, while at least 500 were seriously injured.
All eight suicide bombers were identified as Sri Lankan citizens associated with the National Thowheeth Jama’ath (NTJ) organization founded by the suicide bomber at Shangri-La Hotel, Colombo, Mohamed Cassim Mohamed Zahran alias Zahran Hashim. This is what was revealed by the investigators and the intelligence services.
The victims included not only those who were killed or injured, but also the families, the Catholic Church, the priests and the devotees. This is the reality. Anyone who cannot understand this reality is either ignorant or apparently complicit in the attacks, in my opinion.
Mysteries
There is still so much mystery and unknowns associated with the incidents. There are questions about the attack, and the organization behind it.
(1) Why did they attack the Churches and hotels? There is no apparent connection between the two. (2) There had been no evident conflict between the Muslims and Catholics in Sri Lanka. Both are minorities facing similar marginalization. (3) Zahran Hashim, the alleged leader, attacked a hotel and not a Church. Is it possible that two groups operated within the operation? This is a question, not a conclusion. (4) Zahran was primarily an extremist ideologue, and a preacher. Other sources were responsible for the technological know-how and planning. (5) Had Zahran been the actual leader of the Easter carnage? Given the later revealed bigger network of operations, it is difficult to believe that the leader would commit suicide at the first attack.
Then there are questions about the CID, the Terrorism Investigation Division (TID), the State Intelligence Service (SIS), the Military Intelligence Corps, the Police, the Ministry of Defence, the National Security Council and the then Prime Minister, and the President.
(1) According to what is revealed, Zahran and his organization, NTJ, have been in operation at least since 2014. What have security organizations been doing since then? Why such apathy and indifference towards this terrorist organization? (2) It is very clear that the rise of Jihadism in Sri Lanka was a consequence of anti-Muslim riots in June 2014 and other activities, instigated by some extremist Buddhist organizations such as Bodu Bala Sena (BBS) and Ravana Balaya. These organizations should have been banned, identified as potential terrorist outfits. No such action was taken.
Most importantly, as very clearly revealed in the inquiries of the Parliamentary Select Committee and the Presidential Commission, the whole of the Security Apparatus had failed to act on the ‘early warnings’ received from India and other countries. In such a situation, it is quite obnoxious for the CID to harass Fr Cyril Gamini on the instigation of the Head of the State Security Service (SIS), Major General Suresh Sallay.
Complaint against Fr Gamini
As far as I can gather, Fr Cyril Gamini at present is the Pastor at St. Anne’s Catholic Church at Kurana, Negombo, and also the Director of the National Catholic Centre for Social Communications (NCCSC). He has also often acted as the spokesperson for Cardinal Malcolm Ranjith, the archbishop of Colombo of the Catholic Church.
In these capacities, Fr Gamini has every right to express his views on these disastrous events, those who are possibly directly or indirectly involved in the attacks, and call for justice on behalf of the victims and the Church. Of course, as anyone else, he should refrain from baseless accusations, or expressing misleading information, knowingly.
I came to know Fr Gamini first in 1996 in my capacity as the Director of the Sri Lanka Foundation Institute (SLFI), and more closely during my tenure as the Director of the Peace Building Project, Ministry of Constitutional Affairs (2002-2005). He is well-respected and modest and a person committed to social justice, peace and human rights. I have had no contact with him thereafter and this opinion is completely independent.
Fr Gamini must have been involved in many discussions with many people, mainly people associated with the Church, in Sri Lanka and abroad on questions regarding the Easter attacks, the unfortunate fate of the victims, and apparent absence of justice even after three years. The zoom discussion in question had taken place on October 23, 2022.
Unfortunately, it is the Director of the State Intelligence Service, Major General Suresh Sallay, who has made the complaint against Fr Cyril Gamini to the CID. According to various newspaper reports, there appear two main complaints. (1) Because of the alleged statement by Fr Gamini, it was claimed that the lives of the Major General and his family have been threatened. Accordingly, in this case, the ‘victim’ is a Major General and the ‘perpetrator’ is an innocent Christian Priest. This is hilarious and childish. Perhaps Suresh Sallay is trying to equate Fr Gamini to Zahran Hashim, who was also a preacher.
(2) It was also complained that because of the apparent mentioning of the Major General’s name at the zoom discussion, considerable damage has been done to his ‘prestige and integrity.’ This is quite unbelievable. The Director of the State Intelligence Service is a public servant. All public servants should be accountable to the people. It is also not clear in what context Suresh Sallay’s name was mentioned by Fr. Gamini at the discussion. However, this is not the first time his name was mentioned in connection with the Easter attacks. Several Members of Parliament and others have mentioned his name under various contexts.
CID victimization
After the complaint, the CID had taken the matter very seriously, for some reason or the other, and had hunted for Fr. Cyril Gamini running about here and there for some days and weeks. In the meantime, some other priests, on behalf of him, went before the CID and requested some time for Fr Gamini to appear before the CID. This was not properly heeded. The CID went before the Colombo Magistrate to get an order, through the Attorney General’s Department, for Fr Gamini to appear immediately. It appeared therefore that the whole State apparatus was involved in the victimization.
The concern of Fr Gamini and many others was that, if he is arrested by the CID and taken to the Fourth Floor what would happen to him, or how would the CID treat him? The Fourth Floor is infamous for mistreatment, and forcing some, in certain instances, to jump out the windows.
It is in this context that Fr Gamini went before the Supreme Court requesting the Court to safeguard his fundamental rights to ‘express his views’ and raise ‘concerns about his parishioners’ who were killed and severely injured during the Easter Attacks. One of the immediate pleas of the case was to prevent him from being arrested.
A full hearing is to be held pertaining to his full range of fundamental rights under the Constitution, and other related matters. However at the first hearing, the three member court took up the matter of the threatened arrest. What had the CID said? Through the Attorney General’s Department, they had said that they have no intention of arresting Fr. Gamini at that moment. This statement itself proves that Suresh Sallay’s complaint about a threat to his life is baseless.
In March 2021, Suresh Sallay made a complaint to the CID against a Member of Parliament, Nalin Bandara. The accusation was similar to that levelled against Fr Gamini. Apparently, the CID is still investigating the case. The situation is so confusing and controversial and Suresh Sallay, as the Head of the SIS is apparently exerting undue influence, regarding these cases, on the CID. This is not right.
Incidents like the Easter attacks are so complex and multifaceted. It is primarily the victims who know the pain and agony. It is the right of the victims and their spokespersons to express their views, raise questions and suspicions, of course without resorting to defamation. It is the duty of the State, or the CID in this case, to investigate them without harassing the whistleblowers or the victims. The harassment of Rev Fr Cyril Gamini by the CID should be strongly condemned.
Features
People’s mandate and judicial legitimacy
Sri Lanka is witnessing the dismantling of the culture of impunity that dominated public life for decades. This is happening through the courts, police investigations and legal process. It is not an easy task and requires strong leadership as it is generating strong resistance. The ongoing revelations about the nexus between politicians, including those at the highest levels, and criminal networks show that the government’s electoral mandate with regard to corruption and crime is now being translated into action through the legal system. The vote of the people at the last national elections was for a corruption free country and an end to the climate of impunity that had prevailed for decades. They voted for a system change that would replace impunity with accountability under the rule of law. They expected those who had looted the country and brought it to the point of bankruptcy to be held accountable through the due process of law.
The cases that are being investigated by the police, in tandem with the Attorney General’s Department, and adjudicated by the judiciary are based on hard evidence. Much of the evidence that is now receiving publicity had been available several years ago and had even entered the legal process. In the past those cases failed to reach fruition. Investigations lost momentum, prosecutions failed to marshal the available evidence and many cases were dismissed, some on technical grounds. Between 2019 and 2024, a total of 102 cases were withdrawn from the courts by the government authorities. The public knew, or strongly believed, that corruption and serious crimes had taken place. The inability to establish wrongdoing before a court of law and hold those responsible accountable created a climate in which political power appeared to provide protection from legal accountability.
A countrywide study titled Factors Guiding Voter Preference in Elections in Sri Lanka was commissioned by the National Peace Council prior to the 2024 elections under the European Union funded project Active Citizens for Elections and Democracy and conducted by researchers Dr Mahesh Senanayake and Ms Crishni Silva of the University of Colombo. It found overwhelming public support for accountability and good governance. While 93 percent of respondents identified resolving the economic crisis as their foremost electoral concern, an equally striking 83 percent said they prioritised candidates committed to fighting corruption. The mandate given to the government can, therefore, be interpreted to mean to restore integrity to public life and end the long standing culture of impunity.
Different Approach
Today, it can be seen that the police, the Commission to Investigate Allegations of Bribery or Corruption, the Attorney General’s Department and the judiciary are approaching matters of impunity in respect of corruption and crime in a manner that is markedly different from the past. Several persons who formerly occupied high office have now been subjected to due legal process and, in a number of cases, convicted after judicial scrutiny at different levels of the court system. This is an important difference from earlier years when cases involving politically prominent persons frequently failed to proceed or collapsed before reaching their conclusion. The strength of the present accountability process lies not only in the convictions that have been secured but also in the growing public confidence that no one is above the law. It is in this context that reports of a government proposal to extend by two years the retirement age of judges of the Supreme Court and the Court of Appeal have generated support from those who wish to see the present accountability process continue and opposition from those who see it as an attempt to influence the judiciary.
Many countries have increased judicial retirement ages in recognition of longer life expectancy and the value of retaining experienced judges. This has not only been limited to the judiciary but also the academia and the public service. However, the controversy in Sri Lanka is due to the context and as the proposal for an extension of the period of service of judges of the superior courts comes at a time when the courts are hearing politically significant corruption and criminal cases. The Bar Association of Sri Lanka has taken the lead in questioning the proposed constitutional amendment. The BASL has stated that it “notes with grave concern” reports that the government is considering increasing the retirement age of judges of the Supreme Court and the Court of Appeal. It has warned that extending the tenure of sitting judges at this point of time is likely to be viewed by the public as an attempt to interfere with the independence of the judiciary.
The main issue raised by the BASL is therefore one of preserving public confidence in the administration of justice. A discussion organised by the BASL also highlighted that this issue has implications beyond Sri Lanka. Representatives of the Commonwealth Lawyers Association and LAWASIA acknowledged that many countries have increased the retirement age of judges in recognition of greater life expectancy and the value of retaining experienced judges. Their concern was not with increasing the retirement age itself but with changing the tenure of sitting judges while politically significant corruption cases are before the courts. In such circumstances, even well intentioned reform could create a public perception that the judiciary is being influenced to take forward the government’s mandate in a partisan manner.
Maintain Confidence
The challenge before the government is to preserve two equally important objectives. The first is to continue implementing the people’s mandate to hold the corrupt and those responsible for grave crimes accountable before the law. The second is to ensure that nothing is done which could diminish public confidence in the independence and impartiality of the judiciary that is entrusted with carrying out that responsibility. The strength of the present accountability process lies in the confidence it has generated among the public that investigations, prosecutions and judicial decisions are being made according to law as in the convictions that have been secured. Sri Lanka has come a long way from the days when politically sensitive cases rarely reached a successful conclusion. It would be unfortunate if doubts regarding the independence of the judiciary were to overshadow what has otherwise been a significant institutional achievement.
In the face of the concerns expressed by the BASL, opposition political parties and international legal organisations, it would be prudent for the government to widen the discussion on the proposed amendment. If there is a compelling case to increase the retirement age of judges of the superior courts, that case should be placed before the public and parliament and debated openly. Such a constitutional amendment should not rest solely on the government’s parliamentary majority, even if it has the numbers to secure its passage. Simply utilising the numbers that the government on its own to make changes to the constitution will not increase its legitimacy or credibility. Those values will be strengthened if they were preceded by public consultation and supported across party lines in Parliament. Bipartisan political support can be expected from those in the opposition, of whom there are many, who have shown an inclination to practice responsible politics in the national interest.
The people voted not only to change a government but to change a system. They expected those who abused public trust to be held accountable through institutions that commanded public confidence. That expectation is beginning to be fulfilled. It should not be placed at risk by constitutional change that lacks broad public acceptance. If the government believes there is a compelling case to extend the retirement age of the judges of the superior courts, it should first make that case to the people and seek bipartisan support in Parliament with those in the opposition who are also sincere about anti-corruption and good governance. The challenge is to protect the independence of the judiciary while ensuring that no one is above the law. Overcoming this challenge is the surest way to make Sri Lanka’s transition from a culture of impunity to one of accountability a lasting one.
by Jehan Perera
Features
Intelligence-led governance: the strategic path to a sovereign nation
In an increasingly volatile and interconnected world, the strength of a nation is no longer determined solely by the size of its military, the abundance of its natural resources, or the growth of its economy. The true measure of national strength lies in the resilience of its institutions, the confidence of its people, the effectiveness of its governance, and its ability to anticipate and respond to emerging challenges before they become national crises.
The twenty-first century has introduced a security landscape that is far more complex than ever before. Nations today confront not only conventional military threats but also terrorism, organised crime, cyber-attacks, economic instability, disinformation, climate change, pandemics, energy insecurity, irregular migration, financial crimes, and geopolitical competition. These challenges are interconnected and demand integrated responses rather than isolated solutions.
To navigate this evolving environment successfully, every nation requires a shared strategic vision supported by strong institutions working in harmony. At the centre of this vision should be a modern, professional, and intelligence-led system of governance that enables informed decision-making, protects democratic values, and promotes sustainable national development.
A Shared Strategic Vision
Every successful nation should aspire towards a common national vision:
A Sovereign Nation Happy People Peaceful Society Prosperous Economy A Respected Global Partner
These are not independent aspirations but interconnected national outcomes. Achieving them requires every State institution to work collectively under a common strategic framework rather than as isolated entities pursuing individual objectives.
A sovereign nation is one that possesses not only secure borders but also strong institutions, economic resilience, social cohesion, and the confidence to make independent national decisions. Sovereignty today extends beyond territorial integrity to include economic security, cyber resilience, energy security, food security, environmental sustainability, and protection against external influence.
Good Governance: The Cornerstone
The foundation of every successful nation is good governance.
Transparency, accountability, integrity, professionalism, and efficient public administration create an environment where citizens trust their institutions and investors have confidence in the country’s future. Corruption, political interference, inefficiency, and weak institutions undermine national resilience and weaken sovereignty from within.
Good governance is not merely an administrative principle; it is a national security imperative.
When public institutions function efficiently, public services improve, economic opportunities expand, and social grievances diminish. This reduces vulnerabilities that extremist groups, organised criminals, and foreign actors often exploit.
The Rule of Law and Judicial Independence
An independent judiciary is one of the strongest pillars of democracy.
Justice must be administered impartially and without fear or favour. Citizens must have confidence that the law applies equally to everyone, regardless of social status or political influence.
Judicial independence strengthens public confidence, attracts foreign investment, and reinforces national stability. Investors are more likely to invest in countries where contracts are enforceable, disputes are resolved fairly, and property rights are protected.
Likewise, professional law enforcement agencies play a vital role in safeguarding public order. Intelligence-led policing, supported by modern investigative techniques, community engagement, and technological innovation, enables law enforcement to prevent crime rather than merely react to it.
Human Rights: A Strategic Asset
There is often a misconception that national security and human rights exist in opposition. In reality, they reinforce one another.
Respect for human dignity, equality before the law, freedom of expression, religious freedom, and constitutional rights strengthens national unity and social cohesion. Citizens who trust their institutions are more willing to cooperate with authorities, report suspicious activities, and participate in community safety initiatives.
Communities become the first line of defence against extremism, organised crime, and social unrest when mutual trust exists between citizens and the State.
Human rights should therefore be viewed not as obstacles to security but as essential components of sustainable national security.
Intelligence: The Strategic Nerve Centre
At the heart of modern governance lies an effective national intelligence network.
Traditionally, intelligence was associated primarily with military operations and counter-terrorism. Today, its responsibilities extend much further.
Modern intelligence supports political leadership by providing timely, accurate, objective, and actionable information that enables informed decision-making. It anticipates threats, identifies opportunities, and supports strategic planning across all sectors of government.
An effective intelligence system should be:
* Predictive rather than reactive.
* Preventive rather than investigative alone.
* Integrated rather than fragmented.
* Technology-driven rather than paper-based.
* People-centred rather than institution-centred.
Artificial intelligence, big data analytics, cyber intelligence, financial intelligence, geospatial intelligence, satellite imagery, behavioural analysis, digital forensics, and open-source intelligence are transforming the intelligence profession worldwide.
Countries that fail to modernise their intelligence capabilities risk strategic surprise and reduced competitiveness in an increasingly data-driven world.
Intelligence Beyond National Security
Modern intelligence should no longer be confined to counter-terrorism or espionage.
Its role should extend to supporting national development through the protection of critical infrastructure, monitoring economic trends, securing supply chains, safeguarding maritime interests, protecting natural resources, and assessing climate-related risks.
Intelligence should assist policymakers in areas such as:
* Economic planning
* Public health preparedness
* Disaster risk reduction
* Cybersecurity
* Energy security
* Food security
* Environmental protection
* Artificial intelligence governance
* Foreign policy
* Investment protection
An intelligence-led government anticipates future challenges instead of merely responding after crises emerge.
Whole-of-Government Cooperation
One of the greatest weaknesses in many developing nations is institutional fragmentation.
Government agencies often collect valuable information independently but fail to share it effectively. This creates duplication, delays, and missed opportunities.
A National Intelligence Fusion Centre should integrate information from intelligence services, police, armed forces, immigration, customs, financial intelligence units, cyber security agencies, disaster management authorities, health services, and environmental agencies.
Such integration provides decision-makers with a comprehensive national picture and significantly improves crisis management and strategic planning.
Economic Prosperity Through Security
Economic development depends fundamentally upon stability.
Foreign investors seek countries where governance is predictable, corruption is controlled, contracts are enforceable, infrastructure is secure, and political stability is maintained.
An effective intelligence system quietly protects these conditions by identifying threats to investment, monitoring organised crime, preventing financial fraud, protecting critical infrastructure, and safeguarding strategic industries.
Security and economic development are therefore mutually reinforcing.
Investment creates employment.
Employment reduces poverty.
Reduced poverty strengthens social stability.
Social stability reinforces national security.
International Partnerships
No nation can successfully confront modern threats alone.
Transnational organised crime, cybercrime, narcotics trafficking, terrorism, money laundering, illegal migration, and environmental crimes operate across borders.
Regional and global intelligence cooperation has therefore become indispensable.
Information sharing, joint investigations, coordinated maritime surveillance, and collaborative cyber defence significantly enhance national capabilities while strengthening diplomatic relationships.
Strong intelligence supports effective diplomacy.
Effective diplomacy enhances trade, investment, tourism, education, and technological cooperation.
Ultimately, international confidence contributes directly to national prosperity.
The Relationship Between National Stakeholders
National success depends upon collaboration among all stakeholders.
Government provides leadership and policy direction.
The judiciary safeguards justice.
Law enforcement protects public safety.
The intelligence community provides foresight and early warning.
Civil society strengthens social cohesion.
Educational institutions develop future leaders.
The private sector generates investment and innovation.
International partners facilitate trade, cooperation, and knowledge sharing.
Citizens themselves remain the most important stakeholders.
When these institutions operate with mutual trust, shared objectives, and effective coordination, they create a resilient State capable of responding confidently to both domestic and international challenges.
The Strategic Path Forward
Every nation requires a long-term vision rather than short-term political agendas.
That vision should place national interest above partisan interests and institutional collaboration above bureaucratic competition.
The pathway is straightforward:
Good Governance Independent Judiciary Professional Law Enforcement Protection of Human Rights Effective National Intelligence Network Political Stability Investor Confidence Economic Growth Foreign Direct Investment Peaceful Society Happy People A Sovereign Nation
This strategic chain demonstrates that sovereignty is not achieved through military strength alone. It is the cumulative outcome of good governance, justice, intelligence, economic resilience, and public confidence.
The future belongs to nations that can anticipate change, adapt rapidly, and make informed strategic decisions. Intelligence must therefore evolve from being viewed solely as a security function to becoming a central pillar of national governance and development.
A modern intelligence network should serve as the strategic nervous system of the State—connecting governance with justice, justice with security, security with economic prosperity, and prosperity with international respect.
A sovereign nation is ultimately one where institutions are trusted, citizens are protected, rights are respected, opportunities are created, and decisions are guided by knowledge rather than assumption. When all stakeholders work in harmony under a shared strategic vision, the result is a nation that is secure, prosperous, peaceful, and respected on the global stage.
The challenge before every developing nation is therefore not simply to strengthen its security apparatus but to embrace Intelligence-Led Governance as a national philosophy—one that integrates good governance, rule of law, human rights, innovation, and strategic foresight into a unified framework for sustainable national development. Such a vision will not only safeguard sovereignty but also ensure that future generations inherit a nation defined by stability, prosperity, and enduring peace
By Mahil Dole, SSP (Rtd.)
Features
The perfect victim: How institutions respond
It has been almost two months since the judgement of Abeyasinghe v Tilakaratne and others by the Supreme Court. Since then, I have often been asked a simple question, which I, too, have asked myself. “Has anything actually changed?” My answer is both yes and no. Judgements can uphold the law, direct institutions and clarify principles. But they cannot, by themselves, change cultures.
I shall take the liberty of writing this piece because, in the weeks following the judgment, I have found myself reflecting less on the outcome of the case and more on what it reveals about our institutions. Yet institutions do not change simply because a court has spoken. They change only when they are willing to question long-held assumptions, reflect honestly on their procedures and practices, learn from their shortcomings and act decisively to foster a culture that places accountability at its centre.
The myth of the perfect victim
One such assumption is about the conduct of the Ideal or Perfect victim. The concept of the “ideal victim” was first articulated by the Norwegian criminologist Nils Christie in 1986. Interestingly, Christie was not concerned with identifying those most likely to become victims of crime. Instead, his question was who is most readily recognised and accepted by society as a “real” victim? Society is often more willing to extend sympathy and credibility to victims who fit a particular stereotype. According to Christie, the “ideal victim” is someone perceived to be weak and vulnerable, engaged in a respectable activity, in a place where they have every right to be, harmed by someone clearly viewed as “big” or “bad,” and, importantly, a stranger rather than someone they know. These characteristics continue to influence how victims are perceived today. Although we may not consciously apply such criteria, they often shape our instinctive judgments about who deserves to be believed.
In the context of sexual violence within universities, the assumptions surrounding the ideal victim quickly begin to unravel. Power relationships within universities are often complex, and professional relationships may have existed before the misconduct. The alleged perpetrator may not be a stranger but a lecturer, supervisor, colleague, or fellow student. The complainant may continue interacting with the alleged perpetrator because academic progression or employment leaves little choice. When a victim does not fit the mould of the “perfect victim,” attention shifts away from the conduct of the alleged perpetrator and towards the conduct of the complainant.
What should be kept in mind is that victims respond to trauma differently. Some report immediately; many do not. Some become emotional; others appear composed. Some resign from their workplace, while others continue to work because they have no realistic alternative or because they wish to confront the violence head on. Some preserve every piece of evidence; others delete messages simply because they cannot bear to see them again. Yet these perfectly human responses are often interpreted as reasons to doubt credibility.
Universities provide a particularly complex setting for this phenomenon. Most complainants do not initially seek justice. More often, they simply want the harassment to stop so that they can continue their education or employment in an environment where they feel safe. Sometimes victims make anonymous complaints, not because they wish to avoid accountability, but because anonymity provides the only sense of security they have. During preliminary inquiries/ fact finding processes, confidentiality can often be maintained. However, if the matter proceeds to a formal disciplinary process, complainants are usually required to reveal their identities. It is at this point that many decide not to proceed further, not because the harassment did not occur, but because the personal cost of pursuing justice becomes overwhelming.
Perhaps this should prompt us to ask a different question. Instead of asking why anonymous complaints exist or why complainants don’t come forward (sooner), should we not ask why so many complainants feel unsafe engaging with the institutional process?
The subject of scrutiny
When survivors do come forward, they frequently encounter another familiar phenomenon, victim blaming.
“Why didn’t you complain earlier?”
“Why didn’t you go to the police?”
“If you were sexually harassed, why are you still working there?”
“Why did you continue interacting with him?”
“The reason this happened is because you showed positivity towards him.”
“There is no smoke without fire.”
Although these questions appear different, they have something in common. They all examine the behaviour of the complainant. Very few begin by asking why the alleged perpetrator behaved in the way described. The familiar proverb, “There is no smoke without fire,” is often used to suggest that the complainant must have done something to invite the misconduct. Yet perhaps we have misunderstood where the fire lies. The fire is not the complainant’s behaviour. The fire is the conduct of the alleged perpetrator. The complaint is the smoke that finally becomes visible.
These responses also reveal another contradiction. If a victim complains immediately, some might question their motives. If they delay, the delay becomes the issue. If they resign, they may be described as unstable or unable to cope. If they remain in employment, their continued presence is taken as evidence that the misconduct could not have been serious or that it never had happened. If they show emotion, they risk being dismissed as irrational. If they remain composed, they may be accused of exaggerating. In truth, there is often no version of events in which a complainant can satisfy every expectation placed upon them. If our systems only work for the “perfect victim,” then they were never truly designed for victims at all.
The silence that speaks
The recent judgment also prompted me to reflect on another aspect of institutional culture, silence. Within academia, even discussing judgments concerning one’s own institution may be framed as bringing the institution into disrepute. Such framing places academics in an impossible position. Those who speak are sometimes portrayed as being disloyal or as failing to respect the institution they serve. Yet genuine respect for an institution should not require silence in the face of injustice. Universities are places that encourage academic freedom, critical inquiry, evidence-based reasoning, and intellectual debate. They should, therefore, be places where uncomfortable conversations are not avoided but embraced.
The relative silence surrounding the judgment in academia raises important questions. Does silence reflect satisfaction that justice has been served? Does it reflect concern about damaging the reputation of one’s university? Does it reflect uncertainty about whether difficult institutional conversations are welcome? Or does it reflect a real or perceived fear of professional consequences for speaking openly? These are questions that deserve thoughtful reflection.
Post judgement reflections
At the same time, my experience in the weeks following the judgment has also been one of hope. Individuals who have experienced different forms of abuse have quietly come forward to share their own stories with me. Some have sought legal advice. Others have simply wanted someone to listen. Their experiences remind me that judgments do more than resolve disputes between parties. They send messages to those who have remained silent, that seeking justice remains possible. Perhaps that is one answer to the question I posed at the beginning of this article. Has anything actually changed? For some victims, I believe the answer is yes. A judgement can restore hope and encourage those who had previously felt that their voices would never be heard.
Yet judgments alone cannot erase trauma, restore lost years, or undo the personal and professional consequences that many victims endure. Courts can interpret the law, but they cannot, by themselves, transform institutional culture. Culture changes only when institutions and university communities are willing to learn from judgments rather than merely comply with them. It changes when realities of power imbalances are recognised, when credibility is assessed through evidence rather than stereotypes, and when the question “Why did the victim not come forward sooner?” is replaced with “What conditions made it so difficult for the victim to come forward?” Ultimately, the true value of a judgement lies not only in the orders it makes, but also in the conversations it inspires and the institutional self-reflection it demands. Whether anything truly changes will not depend on the judgement itself, but on whether institutions have the courage to learn from them.
(Udari Abeyasinghe is attached to the Faculty of Dental Sciences at the University of Peradeniya)
Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.
by Udari Abeyasinghe
-
News3 days agoSingapore-based Buddhist monk marks nearly four decades of humanitarian service
-
News4 days agoFreedom 250: US Embassy celebrates America’s 250th Independence Day through magic of American cinema
-
News5 days agoCIABOC to question Harak Kata on Rs. 200 mn bribery allegation
-
News5 days agoSLAF conducts successful rescue mission under UN command in Central African Republic
-
Midweek Review7 days agoH’tota port’s strategic status remains focal point of geopolitical scrutiny
-
News2 days agoAI concerned over proposed SL military deployment in Haiti
-
News5 days agoUNEP support pledged to strengthen Sri Lanka’s Environmental Priorities
-
Features3 days agoThe NPP’s New Challenge: Balancing Easter Lawfare and Economic Welfare
