SRI LANKA: A woman was assaulted in public by the Chairman of the Udubaddawa Pradesheeya Saba 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Ms. Madurasinghe Arachchilage Chandrani Madurasinghe (42) of Bibilideniya, Udubaddawa in Puttalama District was assaulted by the Chairman of the Udubaddawa Pradesheeya Saba after the man instructed her to hand over a road construction project to one of his cronies. The assistant of the Chairman had neither the experience nor the resources to complete the project. The handover was clearly to ensure that the assistant was able to receive kickbacks from the other contractors. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

Ms. Madurasinghe Arachchilage Chandrani Madurasinghe (42) of Bibilideniya, Udubaddawa in Puttalama
District is married and the mother of three children.

Chandrani is the Samurdhi Development Officer for the Bibilideniya attached to the Udubaddawa Divisional Secretariat under the Ministry of Economic Development. Chandrani has received awards as the best performing Samurdhi Development Officer of the Udubaddawa Divisional Secretariat for two consecutive years.

Under the Samurdhi Task Force all the Samurdhi Associations established within all divisional secretariats are supposed to initiate several developments projects. The state provides the necessary funds while the members of the each Samurdhi associations also contributing certain work. The Samurdhi Development Officers officially supervise and assisting where necessary to complete all the projects and report back to the government on the success.

For the year 2011, the Udubaddawa Divisional Secretariat officially approved several projects including one project to build a concrete roadway from Bibilideniya to Wepitiya. While the discussion was being held on the strategy of building the roadway, the Chairman of the Udubaddawa Pradeshiya Saba, the local government authority elected by the people, and the political authority of the area, Mr. HM Raj Sisira Kumara ordered Chandrani and the president of the Samurdhi Task Force of Bibilideniya, to come and have to meeting with him.

In early December, 2011 when they went, the Chariman Sisira Kumara ordered them to hand over the contract for the road way to one of his assistants, Mr. Jayathilak. As both of them were unassisted and isolated they could not challenge the political authority of the Chairman and out of fear of revenge they had to agree to the instructions of the Chairman. Chandrani and the president both informed their relevant associations about the demands of the Chairman of the Pradeshiya Saba and the members also agreed with their decisions, understanding the possible consequences of their refusal.

According to the time guide lines given by the Divisional Secretariat, the project had to be completed and opened before the end of year 2011. Even though the contractor Mr. Jayalal, commented on the project he completed only a small part of the contract and has never shown any interest in completing the project. Further Chandrani and the members of the association noted that the contractor did not have the resources to complete the project.

They then called a general meeting of the association and agreed to hand over the contract to other person after having the consent of the Deputy Chairman of the Pradeshiya Saba. He was able to construct the road way following the standards of the government and under the supervision of the Technical Officer of the Pradeshiya Saba by the end of December. The opening ceremony was held on 10 January 2012.

Several days later Chandraani received a message that the Chairman was angry with her for going against his instructions.

On 20 January while Chandrani was travelling with her husband near the Bibilideniya Sampath Reception Hall, the Chairman of Pradeshiya Saba approach both of them and started to assault her husband.

Then he turned to Chandrani and told angrily that she was the one he wanted to meet. Then he held Chandrani by her neck and started to punch her face, head and neck. She fell to the ground, bleeding from the face. Following the assault the Chairman left the place. It was only then that Chandrani noted that her gold necklace worth more than Rs. 77 000.00 was missing.

Chandrani went to the OIC of Dummalasuriya Police Station and explained the incident to him. Then she noted that the Chairmen had also come to see the OIC. He tried to convince the OIC that Chandrani was the one who assaulted him, which she categorically denied. She explained to the OIC that she had been injured as a result of the Chairman’s assault which was evident due to the fact that she was still bleeding. The OIC advised Chandrani to go and get herself admitted to the hospital as her condition was getting worse. Meanwhile she noted that OIC simply allowed the Chairman to leave the police station without recording her complaint.

Chandrani was admitted to the Dukadeniya Government Hospital as an indoor patient and she was treated there for 2 days until 22 January. While she was being treated the doctors tried to discharge her forcefully on two occasions on 21 and the morning of the 22. It is believed that they were acting under pressure from the Chairman. Then Chandrani was admitted to the Maravila Government Hospital and warded in Ward No: 4 of the hospital. While she was treated there hospital authorities brought her to the Chilaw Base Hospital for further treatments where she was subjected to several examinations, including X-rays. She was treated at the ENT Clinic of the hospital.

On 27 January again she was brought to the Surgical Clinic of the Chilaw Base Hospital and advised to come again on 2 February also for treatment. She was discharge only on 28 February.

Later she complained to the Human Rights Commission of Sri Lanka, the National Police Commission, the Attorney General, Deputy Inspector General of Police North Western Province, Ministry of Women and Childcare, the Senior Superintendent of Police, Kuliyapitiya and the OIC Kuliyapitiya Police Station but none of these authorities have yet to initiate any investigation regarding the incident.

Chandrani appeals for justice in her audiovisual statement that can be available here.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocents by different state officers which is illegal under international and local laws and which has taken place at different places in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing woman by local government officer, and the prosecution of those proven to be responsible under the criminal law of the country. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on violence against women, its causes and consequences on this regard.

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