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

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a young girl of school-going age has been assaulted by an ex-soldier. When she reported the matter to the police very little was done to investigate the assault and the victim and her family believe that this is due to the influence of the assailant’s employer who is a wealthy businessman. Although the victim was hospitalised she was forcibly discharged and it is believed that this was also due to the influence of the employer. She has suffered hearing loss due to the assault and now lives in fear of her life and the safety of her family.

This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Ms. Achala (18) (Not her real name) is a student in one of the prestigious schools in the Ratnapura District. She is presently studying in year 13 which is the advance level maths stream.

She is a very intelligent student and has got through the year 5 scholarship exam and gained admission to the one of the best colleges in the district. She is the eldest of the children in her family and has a sister studying in another school.

Her father is a mason and mother stays at home. A boy by the name of Sanjeewa Wickramagamage, an ex-Army soldier, made an attempt to be friendly and followed her regularly but Achala did not like him. He then started to threaten her.

On the 22 December 2012 Achala was returning after her private tuition classes at the Science Center from Ratnapura and Sanjeewa followed her by getting into the same bus. During the journey Sanjeewa scolded her in foul language and when Achala was getting off the bus, Sanjeewa approached her, slapped her and grabbed her mobile phone which she was holding. Further he threatened her that he would abduct and rape her.

At this Achala’s friend who attended the same class as Achala demanded an explanation for his behaviour but without answering Sanjeewa exited the bus. None of the other passengers made any attempt to intervene. Achala who was now in pain was admitted to the Godakawela Base Hospital on the same day by her parents soon after she returned home.

However she was later transferred to the Ratnapura General Hospital where she was treated for 4 days. She was treated by a specialist from the E.N.T department and was also seen by a Judicial Medical Officer. However the doctor in-charge of the ward forcefully discharged her saying that she could not go for legal action. The father of the victim believes that it was due to the political influence of Sanjeewa’s employer who is a wealthy businessman. Achala complains that her ear is damaged due to the blow by Sanjeewa and she has suffered loss of hearing.

On the day that Achala was discharged Achala and her parents went to the Godakawela Police Station where she made a complaint which was recorded under reference number CIB 208/204 – 16/2013. Achala learned that Sanjeewa was later arrested but released on bail.

The accused, Sanjeewa is employed by a wealthy businessman who is spending money on his behalf and hence the accused has sent people to settle the matter by offering some money. Further by the manner in which the police officers investigated the complaint it is believed that they have received some financial advantage from the employer of the accused.

Case number BR 1808/12 for assaulting Achala was called in early January and again on the 29 January but neither the victim nor the parents was informed about the case, it seems the case was referred to the mediation board without their knowledge.

Achala is presently in fear of her life and the lives of her family members. She states that she was denied justice by the police officers. She further states that police officers are not showing any interest in proceeding with the case due to the undue influence of the businessman. She appeals for protection for the lives as victims and seeks 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 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 of assault and witness protection. The criminals as well as the police officers who are having a lethargic approach to investigate the crimes must also be tried before a 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