SRI LANKA: Victim of rape and her family live in fear due to influence of the suspect

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 9-year-old girl was raped by a influential wealthy businessman. The child was admitted to the Kandy Teaching Hospital for treatment and the Judicial Medical Officers also examined the child. Powerful people behind the suspect are trying to suppress justice by making a fabricated charge against the child for theft. After making a complaint against the suspect who was clearly identified by the virtual complainant, the parents and the victim child were threatened with death. They fear that they will not be able to obtain justice due to the influence on the police by the suspect. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

Mr. Mohammad Mulafar and Ms. Siththi Farina are the parents of three children, two boys and a girl, residing in Mowbray Estate, Mahakanda, Hindagala. Their only girl is 9-years-old. She was a student at Peradeniya Tamil School in year 5. The father is a labourer and the mother works in a house as a helper. They are the only Muslim family living in Mowbray estate.

On 5 October 2010 the daughter could not go to school due to the heavy rain and her elder brother also stayed at home; only the second brother went to school. On that day both parents left for work. The elder brother who stayed home went to play with some other children of the estate.

Around 11am a well known neighbour Sinnamuttu Kirubakiran alias Raja came to the house and asked her to come to his sister’s house which was very close. The child complied and when she entered the house she was raped by the suspect. After the assault she was given 5, twenty rupee notes. Further she was threatened that she will be killed if she revealed to anyone what happened to her. Further she was forced to bathe and wash her clothes.

A few hours later, the girl went to a boutique which is close to the house to buy biscuits with the money given to her by the suspect. Then she met the wife of the suspect who beat her, accusing her of stealing the money. The girl fainted and the neighbours came to assist. With their intervention they were able to rescue the child. When she regained full consciousness she revealed what had happened to her. When her parents learned what had happened they took the child to the Peradeniya Police Station at around 8 pm and made a complaint. Then immediately after completing the complaint they took her to the Teaching Hospital of Kandy. The doctors who examined the child admitted her for treatment with immediate effect. She was treated in ward 7 of the hospital until the 7 October. Before she was discharged the Judicial Medical Officer (JMO) also examined her and recorded the medical situation.

Officers attached to the Peradeniya Police Station visited Mowbray estate during the evening and searched for the suspect. However, he was not arrested and after the police left the estate he went to the child’s house and pleaded with the parents for a settlement without going for court proceedings. The family members learned that the suspect was subsequently arrested. He was produced before the court on 7 October. He was represented by a lawyer and accused the child of stealing money and denied the charge of rape.

The suspect of the case is a very influential person as he is wealthy and an entrepreneur owning two business shops and a passenger bus.

Presently the parents fear that he will influence the police officers to withdraw the original case of rape and file a fabricated charge of stealing money against the victim child. The victim’s family stated that the police did not take any sufficient steps to properly complete the investigation into the case of rape.

Meanwhile the brother-in-law of the suspect threatened to kill the parents of the child if they pursue this case. The parents made a complaint to the Peradeniya Police Station regarding the incident on the 8 October. Police recorded the complaint under reference No. CIB 390/210.

However, the police did not investigate the complaint of threats and presently the virtual complainant and the witnesses of the case are in fear of their lives.

According to the parents the suspect was accused of raping another 14 year Tamil girl, living in the same estate on the 14 October. Though the case was reported to the Police Station of Peradeniya still police have not taken appropriate steps either arrest the suspect or take the necessary legal action against him. The residents of the estate and the victim of the case believed that this is due to the malpractice and the bribe.

Furthermore, the parents fear that the medical report pertaining to the case would be changed due to the influence of the suspect as it has not yet been submitted to the court.

The parents of the victim are pleading for protection for themselves and their children. Further they are seeking speeding justice as this alone will alleviate the threat and danger to the child and her family.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission (AHRC) has reported innumerable cases of the victims of crimes who have face enormous harassment; on several some occasions the witnesses and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka on the necessity of adopting a witness protection law and implementing a successful witness protection mechanism to verify the smooth running of the 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 state authorities, means that the law is under-utilised continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victims and their families, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

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 case, please click here: SEND APPEAL LETTER