UA-33-2001: 16 year-old girl raped but no proper investigation and punishment
SRI LANKA: A severe case of rape without justice
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One of the most shocking cases of the violation of the fundamental human rights of women took place in broad daylight in the town of Talawakelle in the Central Province of Sri Lanka on August 12, 2001.
THE DESCRIPTION OF THIS INCIDENT
Sita, a student at Tamil Maha Vidyalaya Talawakelle, was forcefully abducted by two young men – Rameez and Piyal Nalaka – when she was walking home after attending Sunday mass and confirmation classes at St. Patrick’s Church in Talawakelle at about 2:00 p.m. on August 12. She was unmercifully and inhumanly raped by both men inside a vehicle and dropped off near the Hindu Kovil in Talawakelle at about 6 p.m.
The victim is a Grade 10 student. She cannot speak Sinhalese, but she managed to make a report to the police and to identify the perpetrators, who were then arrested.
The victim was taken to Kotagala Hospital and later to Nuwara Eliya Hospital for a medical check-up and was discharged from the hospital on August 16. The suspects were held under police remand until August 28.
A public protest was held in the town of Hatton on August 26 that demanded justice for Sita.
When the case was brought to court on August 28, Sitas lawyer, Priyantha Gamage, stated that Sita objected to bail for the perpetrators, but the police, influenced by political pressure, did not object to bail for the two accused men. Thus, after a heated argument between the two counsels, the judge ordered bail for the accused.
Even worse, the rape victim – a schoolgirl – was publicly degraded in court as a professional prostitute by the counsel for the accused, Mr. Rajapakse, who was probably pressured by those who hold political power and the influence of money. Sitas lawyer, Priyantha Gamage, then requested that the court record the statement of Mr. Rajapakse.
Furthermore , it was surprising that the police officers who brought the complaint did not even mention in court that she was a high school student in Grade 10. Their behaviour indicated that they appeared on behalf of the accused. Therefore, the conduct of the police and their efforts to punish the perpetrators has to be questioned. This case furthermore indicates that moral standards in Sri Lankan society are disintegrating.
Meanwhile, the case has been postponed until September 25, 2001.
This is a case of severe discrimination and humiliation inflicted on the victim because of her poor Tamil plantation background. The Asian Human Rights Commission (AHRC) is very concerned and disturbed by the above conduct of the Sri Lankan court. We thus appeal to you to take action to ask the Sri Lankan authorities to hold a proper and speedy reinvestigation of the case and to punish the perpetrators.
ACTION REQUIERED
We request you to send a fax or e-mail to the following people to plead for:
– A proper and speedy reinvestigation of the case,
– Justice for the parties concerned,
– The prosecution of the perpetrators and
– Compensation for the victim.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
RE: THE RAPE CASE OF A 16-YEAR-OLD GIRL
I have just learned of the most shocking case of the violation of the fundamental human rights of women, an incident that took place in broad daylight in the town of Talawakelle in Sri Lanka on August 12, 2001.
Sita, a student of Tamil Maha Vidyalaya Talawakelle, was forcefully abducted by two young men – Rameez and Piyal Nalaka – when she was walking home after attending Sunday mass and confirmation classes at St. Patrick’s Church in Talawakelle at about 2:00 p.m. She was unmercifully and inhumanly raped by both men inside a vehicle and dropped off her near the Hindu Kovil in Talawakelle at about 6 p.m. The victim was taken to Kotagala Hospital and later to Nuwara Eliya Hospital for a medical check-up and discharged from the hospital on August 16. The victim is a Grade 10 student. She cannot speak Sinhalese, but she managed to make a report to the police and to identify the perpetrators who raped her.
Although the perpetrators have been arrested due to public pressure, there is a widespread feeling that the police are siding with the perpetrators and that a proper investigation into the matter is not taking place. This will jeopardise the prosecution of the case. The victim a schoolgirl – was publicly degraded in court as a professional prostitute by the counsel for the accused – the probable result of pressure by those in political power and the influence of money. It is also upsetting that the police also failed to inform the court that the victim is a 16-year-old poor Tamil plantation student. People though have come forward to defend her by holding a public protest in the town of Hatton on August 26 and demanding justice for Sita.
I thus make the following urgent requests:
– Open a proper and speedy reinvestigation,
– Ensure justice for the parties concerned,
– Prosecute the perpetrators,
– Compensate the victim.
Sincerely yours,
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SEND LETTERS TO:
Her Excellency President Chandrika B. Kumaratunga
Presidential Residence
Colombo 03
SRI LANKA
Fax: +941 333 703
SALUTATION: Your Excellency
Hon. Mr. K.C. Kamalasabesan
Attorney General
Attorney – General’s Department
Colombo 12
SRI LANKA
Fax: +941 436 421
SALUTATION: Dear Attorney General
Mr. B.L.V. Kodituwakku
Inspector General of Police
New Secretariat
Colombo 1,
SRI LANKA
Fax: +941 446 174
SALUTATION: Dear Inspector General
SEND COPIES OF YOUR LETTER TO:
Mr. Fais Musthapa
Chairperson
Human Rights Commission of Sri Lanka
No. 50, Dr. N.M. Perera Mawatha
Borella, Colombo 8
SRI LANKA
Fax: +941 696 470
Email: sechre@sltnet.lk
SALUTATION: Dear Mr. Muwatha
