[RE: UP-151-2005: SRI LANKA: Rape victim and her familys safety feared following the release of five suspects on bail; UA-183-2005: Rape of a female passenger by the airport officers inside of the Bandaranayake International Airport; UP-127-2005: Main suspect identified in alleged rape incident at Bandaranayake International Airport; UP-149-2005: Rape victim at the Bandaranaike International Airport receives death threats and urgent protection is required]
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UP-065-2006: SRI LANKA: Further threats made against victim of rape and her family
SRI LANKA: Rape; violence against women; threat and intimidation; witness protection; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) writes to inform you of the serious threats being made against a victim of rape and her family and the dire consequences that are being threatened should they go ahead with their legal case.
On 21 October 2005, the AHRC reported on the rape allegedly by airport officers inside of the Bandarnayake International Airport in Katunayake, Sri Lanka on 10 October 2005. The victim was reportedly threatened at knife-point and forcibly drugged before being raped. She was then put onto a flight to another country immediately after the incident.
The main suspects of the incident were later identified by the victim at an identification parade before Negombo Acting Magistrate, Indra Peiris. They are airport security officer and main suspect, Mervyn Nissanka Anthony of Mulleriyawa North along with W. Indika Dewapriya Fernando of Amuna Road, Bandarawatte, Seeduwa, Shamindra Tharanga Kumara, of Pahala Ellawala, J.M. Ramesha Dimuthukumara of Elenegoda, Pamunugama, and U.D. Sunil Shantha of Devatagolla, Minuwangoda.
When the matter went before the court, Negombo Magistrate and Additional District Judge Kanthi Wanigasekara released all five suspects, including Mervin Nissanka Anthony, after they posted cash bail. The Judge warned the suspects on their release that they were not to interfere with the witnesses in any manner.
The AHRC, however, has since reported that this has not occurred and that repeated threats and intimidation have been directed at the victim and her family (please see UP-149-2005). The AHRC has now learned that further threats have occurred against the victim and her family, who now live in fear that those instigating the threats may carry out the actions they have warned of.
A number of threatening telephone calls have been received in recent months by the family members of the victim. On 3 November 2005, someone called one family member saying Cant you remember me? Cant you recognise me? Dont go to court. If you want to settle the matter out of court, come to Colombo. If you come to the court, you will be killed? This call was made from a telephone bearing the number 0777 436 087.
Once again, on 6 November 2005, calls were received and threats were made. This matter has gone too far, the caller said. If you come to court you will be killed. These calls were made from telephone numbers originating from the Gampaha area. A further call was received on 12 January 2006 from an unidentified number and threats were again made that if the case went to court, people would be killed. Again, on 11 February 2006, a call was received with the caller threatening is it the home from where someone was raped at the airport? A contract has been given to murder you all. Dont try to struggle too much. We have discovered all your whereabouts. If you all come to court, you will be killed.
Following these threats having been made, a complaint was lodged by the victim at the Wellawa Police Station. The first complaint was made at the end of 2005 and another was made on 24 February 2006 under the reference C.I.B. 11 184/455.
The victim and her family are now frightened in pursuing the case, assisting in the investigation and appearing before the court. They are most concerned that those threatening to kill them, may carry out their warnings.
SUGGESTED ACTION:
Please write to the relevant authorities listed below seeking their urgent intervention in ensuring that full and adequate protection is afforded to the victim and her family. The urgency of that intervention cannot be overstressed. An investigation should be launched into who is making these threats, and full legal action must be taken once the persons are located.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Further threats made against victim of rape and her family
Name of the victim: Ms. X (Name withheld), aged 23, mother of a one-year-old boy
Name of alleged perpetrators:
1) Mervyn Nissanka Anthony of Mulleriyawa North, the security officer at the airport and main suspect
2) W. Indika Dewapriya Fernando of Amuna Road, Bandarawatte, Seeduwa
3) Shamindra Tharanga Kumara, of Pahala Ellawala
4) J.M. Ramesha Dimuthukumara of Elenegoda, Pamunugama
5) U.D. Sunil Shantha of Devatagolla, Minuwangoda
Date of rape incident: 10 October 2005
Place of rape incident: Inside of the Bandarnayake International Airport in Katunayake, Sri Lanka
Current status of the case: The victim and her family have received several death threats and are in urgent need of protection
I write seeking your urgent intervention in having full and adequate protection afforded to a victim of rape and her family, who are currently receiving repeated threats made against their life for pursuing the rape case in court.
A number of threatening telephone calls have been received in recent months by the family members of the victim. On 3 November 2005, someone called one family member saying Cant you remember me? Cant you recognise me? Dont go to court. If you want to settle the matter out of court, come to Colombo. If you come to the court, you will be killed? This call was made from a telephone bearing the number 0777 436 087.
Once again, on 6 November 2005, calls were received and threats were made. This matter has gone too far, the caller said. If you come to court you will be killed. These calls were made from telephone numbers originating from the Gampaha area. A further call was received on 12 January 2006 from an unidentified number and threats were again made that if the case went to court, people would be killed. Again, on 11 February 2006, a call was received with the caller threatening is it the home from where someone was raped at the airport? A contract has been given to murder you all. Dont try to struggle too much. We have discovered all your whereabouts. If you all come to court, you will be killed.
Following these threats having been made, a complaint was lodged by the victim at the Wellawa Police Station. The first complaint was made at the end of 2005 and another was made on 24 February 2006 under the reference C.I.B. 11 184/455.
The victim and her family are now frightened in pursuing the case, assisting in the investigation and appearing before the court. They are most concerned that those threatening to kill them, may carry out their warnings.
Owing to this, I ask that inquiries are made at once into who is carrying out these threats. Once this has been established, full legal action must be taken against them. In the meantime, protection must be afforded to the victim and her family. The urgency of that intervention cannot be overstressed. As has been seen in other cases in Sri Lanka, where threats have been made against victims and witnesses, threats are sometimes carried out, the results of which are disastrous. I ask that you intervene before anything of that nature occurs.
I take this opportunity to also remind you of the conclusions and recommendations of the Committee against Torture, which were made during its thirty-fifth session in November 2005, concerning the lack of effective witness and victim protection mechanisms. Accordingly, the Committee stated that the State party should take effective steps to ensure that all persons reporting acts of torture or ill-treatment are protected from intimidation and reprisals in making such a report. The State party should inquire into all reported cases of intimidation of witnesses and set up programmes for witness and victim protection.
I trust that such measures will be taken within the shortest possible time.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk or igp@police.lk
3. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
4. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
5. 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: polcom@sltnet.lk
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
