SRI LANKA: Victim of assault continuously denied justice now lives in fear

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that the Officer-in-Charge of the Thalathuoya Police Station failed to take action on a legitimate complaint of assault by Ms. Shashikala Madubashani Kumari Herath. The complaint was made against the companion of her mother, one Samson Perera. As a result of the police failure to follow the Criminal Procedure Code of Sri Lanka the assailant was left in a position to assault the victim and her father in a more serious manner which led to their hospitalization. The culprits have now registered a case against Shashikala and her father resulting in the victims becoming the culprits.

This case is yet another illustration of the failures of the law enforcement trheatneing the security of the citizens. 

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission (AHRC), Ms. Shashikala Madubashani Kumari Herath (20) of No: 322/2, Thalathuoya Road, Katawela Leula in Kandy District, completed her higher education at Berewattes College Ampitiya. She is now employed at the same school as a clerk in the office. Shashikala has two sisters and her father Gotabaya Amitha Bandara Herath is a casual worker.

Shashikala made a complaint on 14 April, 2014, to the Thalathuoya Police Station which was registered with reference No: CIB 268/ 317 and an inquiry was called for. As the accused were not present it was postponed to 27 April and during the inquiry, the Officer-in-Charge (OIC) of the police station verbally abused Shashikala, the complainant. The inquiry was closed without any solution or further legal action against the wrong doing by the suspects.

On 4 May 2014 when Shashikala went to the house where Shirani was living, Samson Perera pushed her against the wall and assaulted her. When her father arrived at the scene Samson took out a knife and cut his shoulder. Shashkala and her father went to the Thalathuoya Police Station immediately to make a complaint, however, the police officers refused to accept the complaint and therefore they went to the Thalathuoya Government Hospital. Having received initial medical treatment, they went back to the police station but still the police officer on duty, Police Constable (PC) Ranaweera 62820, refused to take down the complaint.

Therefore, once again they went to the Peradeniya Teaching Hospital and the doctors who examined them admitted both of them for further treatment. Amitha in ward 1 and Shashikala in ward 2 respectively. The hospital police officers made inquiries about how the victims had received the injuries. It was only on 7 May that the officers attached to the Thalathuoya Police Station came to the hospital to record a statement from Amitha, the victim who was severely injured.

However, in the meantime Shashikala and her farther learned that the police officers accepted a complaint by Shirani and had initiated an investigation for her complaint against them which was based on fraudulent facts. The statements taken from the victims were made for the purpose of enforcing the complaint made by Shirani and Samson.

Shashikala states that due to the police inaction and illegal police connivance with the culprits presently her life and that of her father is in danger. Further she states that she learned that Samson Perera has threatened to harm them if they continue the criminal investigation against him. Presently Shashikala and her father seek protection for their lives.

Shashikala states that when she made the initial complaint of assault by Samson and Shirani, if the police had taken action, arrested and produced him before a magistrate according to the Criminal Procedure Code of Sri Lanka, he would not have been able to make the second assault in which both the victims were injured more seriously.

Shashikala further states that the failure of the police to enforce to the Criminal Procedure Code enabled the culprits to act with impunity.

As the police officers are friendly with Samson Perera and Shirani, the accused, the victims have now become the culprits. Hence Shashikala and her father Amitha are being denied justice.

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 witnesses and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka of 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.

Furthermore, the state of Sri Lanka has signed 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 of assault to the woman and an innocent man 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 case, please click here: SEND APPEAL LETTER