16 February 2011
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SRI LANKA: Victim of rape continuously denied justice now lives in fear
ISSUES: Rape; violence against women; fair trail; witness protection;
impunity; rule of law
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Dear friends,
The Asian Human
Rights Commission (AHRC) has received information that a 10
year-y ear-old girl was the victim of attempted rape by an influential
person. The child was admitted to the Nawalapitiya Hospital and later
transferred to the Kandy Teaching Hospital for treatment because of the
severity of her injuries. She was subsequently treated there for 8 days.
Though the case was referred to the Nawalapitiya Police by hospital
authorities and the victim and the eye whiteness provided sufficient
information for an arrest, the police are reluctant to investigate the
case and arrest the suspect. No judicial proceeding has started yet and
the victim and witness live in fear of their lives. The education of the
victim is in danger as the suspect is seen coming to the gates of the
school to intimidate the child. The suspect is obviously influencing the
police and there is a very real fear that justice will once again be
denied to the victim. This case is yet another illustration of the
exceptional collapse of the rule of law in the country.
CASE NARRATIVE:
According to the information that the Asian Human Rights Commission has
received Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
school in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had already left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect wa s a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers are not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate
can be made aware of the situation, especially the danger posed to the
victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law
enforcement agency of the country fail to carry out impartial
investigations into an incident and take the culprit before the law it
curtails the rights of the victims for redress.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) has reported innumerable cases
where state law
enforcement agencies have shown the breakdown of law in
investigating crimes and bringing the suspected persons before the law
so that they may be punished after successful criminal proceedings. The
victims of crimes face enormous harassment, and on some occasions the
witness and the victims have been killed by the perpetrators. The AHRC
has continuously urged the state of Sri Lanka for the necessity of adopting a witness protection law
and implementing a successful witness protection mechanism to verify the
smooth running of rule of
law system. The state of Sri Lanka is bound to implement the
legal provisions of the International
Covenant on Civil and Political Rights (ICCPR) as it has signed
and ratified the convention. Nevertheless the lack of protection offered
to those who are willing to take cases against criminals, abusive police officers
and the state authorities, means that the law is under-used and this
continues to be employed as a tool by the police to harass people. This
not only takes a long-term toll on the victim and his or her family, but
on society as a whole, by undermining civilian respect for the law and
encouraging impunity.
Further state of Sri Lanka has sign and ratified the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW).
However the state agencies have failed to implement the protective laws
towards the women effectively.
SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into
the case rape and the witness protection. The criminals as well as the
police officers who are having lethargic approach to investigate the
crimes must also try before the court of law for breaching the laws of
the country and also should be subjected to internal investigations for
the breach of the department orders as issued by the police department.
Please note that the AHRC has also written a separate letter to the
Special Rapporteur on violence against women on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: Victim of rape con tinuously denied justice now
lives in fear
Name of the victim: Mr. Kandiah Mahendra and Mrs.
Manori Chamini Perera of No: 188, Ambagamuwa Road, Nawalapitiya
Alleged perpetrator: Police officers attached to the
Nawalapitiya Police Station
Date of incident: 31 December 2010
Place of incident: Nawalapitiya Police Division
I am writing to raise my serious concerns on the case of the attempted
rape of a ten-year-old child. According to the information received from
Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188,
Ambagamuwa Road, Nawalapitiya they are married with two daughters, the
youngest of which is just 10-years-old. Mr. Mahendra has travelled to
Bangladesh for work.
Anoma (not her real name), is studying in year 10 at a reputed girl's
sch ool in the district. She is clever and a brilliant student.
On 31 December 2010 Mrs. Manori was out at a nearby house helping for an
almsgiving while her younger daughter was alone at home, having her
lunch at around 11.30 am. Anoma answered a knock on the door and found a
man who asked for a knife in order to do some repair work on his
vehicle. However, when she handed over the knife the man forced his way
into the house.
The man threatened the child and attempted to rape her but she started
to struggle. In the course of this attempt he stabbed the child on her
head and the neck. He further slapped her, knocking out a tooth and
breaking her nose. Finally the child was able to run out of the house
and shout for help.
The suspect fled when a neighbour came to the scene. This neighbour then
took the girl to the Nawalapitiya hospital, however, due to the
seriousness of the injuries she was transferred to the Kandy Teaching
Hospital where she was treated at ward 4 for 8 days.
The hospital authorities informed the Nawalapitiya Police Station and
officers came to the hospital and visited the house at around 10 pm.
After the child was discharged from the hospital, she was called to the
Police Station several times by the police to identify the perpetrator.
The child and the eye witness both gave enough information on the
identity of the perpetrator but to-date, the police have failed to
arrest him.
On 31 January 2011 Anoma went to the school for the first time after the
incident and saw that the perpetrator was waiting at the school gate.
As she was sure that it was the perpetrator she informed her mother who
in turn informed the officers at the Nawalapitiya Police Station
however, by the time the officers arrived he had al ready left the place.
Mrs. Monari categorically states that that the virtual complainant of
the case, the eye witness and she herself have provided enough credible
information on the identification of the suspect to the police. She
further stated that the suspect was a resident of the house where she
was helping with the almsgiving.
Mrs. Manori is aware that the suspect belongs to an influential family
in the area and is closely associated with the police. She believe that
it is due to this relationship that the officers are reluctant to arrest
the suspect and do not want to proceed legally against him.
Mrs. Manori believes that the suspect came to the school when her victim
daughter was there with the intention of causing further harm to the
child. She further states that her daughter and the witness are now
exposed to danger as the police officers a re not implementing the law.
She says that the victim and the witness should be provided with
protection and the case should be referred to the Magistrate's Court so
that the learned Magistrate can be made aware of the situation,
especially the danger posed to the victim and the witness.
The victim and her family members appeal to the Inspector General of
Police (IGP) to make the necessary order to investigate the complaint in
this regard; arrest the suspect and produce him before court.
When the police as a law enforcement agency of the country fail to carry
out impartial investigations into an incident and take the culprit
before the law it curtails the rights of the victims for redress.
I further request your urgent intervention to ensure that the
authorities listed below instigate an immediate investigation into the
allegations of failure in investigati on of case of rape and the
threatening the life of the witness. Further the prosecution of those
proven to be responsible under the criminal law for not implementing the
criminal law of the country instead of protecting the criminal and
encouraging the existing situation of impunity. The officers involved
must also be subjected to internal investigations for the breach of the
department orders as issued by the police department.
Yours sincerely,
---------------------
PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Mohan Peiris
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk
or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights
Commission (ua@ahrc.asia)
International Human Rights
Day 2010 - Download our pre-print PDF version of the annual reports here.
-----------------------------
Asian Human Rights Commission
#701A Westley Square,
48 Hoi Yuen
Road, Kwun Tong, Kowloon,
Hongkong S.A.R.
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
URL: humanrights.asia
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