SRI LANKA: Woman sexually assaulted in her home by a Police Officer seeks Justice

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-064-2017
ISSUES: Administration of justice, Impunity, Rule of law, Violence against women, Women's rights,

Dear Friends,

The Asian Human Rights Commission has received reliable information about a woman, Mrs. X, resident of Kebithigollewa Police Division in Anuradhapura District. She was sexually assaulted by a Police Sergeant attached to the Public Relations Unit of the Kebithigollewa Headquarters Police Station. This police officer allegedly entered the woman’s house without any legitimate reason. Later, he sexually assaulted Mrs. X and attempted to rape her. According to the victim she made an immediate formal complaint to the Police. No proper investigation has yet been done. To cover up the crime committed by their colleague, the Police filed a criminal case in the Kebithigollewa Magistrate’s Court for the lesser crimes of illegal trespass, intimidation and sexual harassment. The victim states that the Police intentionally omitted the evidence that a police officer committed the crime of attempted rape. This case clearly illustrates the collapse of the Rule of Law in Sri Lanka.

CASE NARRATIVE:

According to information received by the Asian Human Rights Commission (AHRC) concerning Mrs. X (not her real name), residing at Ralapanawa, Hadagala, Kebithigollewa in Anuradhapura District. On 19 June 2017, at 10:30 a.m. the woman X, went to the Kebithigollewa Headquarters Police Station. She first entered the reception area of the police compound and approached the duty officer. She said she needed to apply for a police Clearance Report for her son, who is waiting to apply for a job.

The officer guided the woman to the Public Relations Unit of the police station. She was then able to present her request to the most senior officer in the unit. The officer, after recording the necessary details, requested further family details. She clearly provided all the details. He informed her that he knows the area well and that the police will issue the necessary requested Clearance Report within several days. The officer noticed that the woman came to the police station and collected the report after 2 days. Woman X identified the officer as Police Sergeant 17941 Arampola according to the name badge on his uniform. She then left the police station.

On 20 June 2017, Police Sergeant 17941 Arampola, in official uniform, unexpectedly came to Mrs. X’s residence at Ralapanawa. She was surprised to see him and he acted strangely. She asked him why he had come. He gave a poor excuse for his presence. She told him that she was alone in the house. Woman X was not satisfied with his excuse, was feeling uneasy and questioned his intentions. She pressed him for a legitimate reason as to why he came to her house.

The officer looked closely all around the house, was convinced that woman X was alone and that there was no one else inside the house to assist her. He then attempted to sexually assault her. She fought back. However, the male officer was strong enough to overcome the woman’s defenses and he now attempted to rape her. Knowing what was before her and the possible consequences, the victim grabbed a wooden pole, assaulted the officer, attacking him in self-defense.

Because of the attack, the officer suffered an injury to his head which began to bleed profusely. He finally got control of his emotions. The victim helped the officer to a chair inside the house.

Within minutes she telephoned the Kebithigollewa Headquarters Police Station. She informed the Duty Officer that one of their officers attempted to rape her. She asked that they pick up the officer and bring him back the Police Station for treatment as he had a head injury. She further requested that they investigate the crime and provide the necessary protection for her. Within 20 minutes, a police vehicle with additional officers, arrived at the victim’s residence and took the suspect police officer away.

Later, woman X learned that the police officer was first admitted for treatment at the Kebithigollewa Government Hospital and later transferred to the Anuradhapura Teaching Hospital for further treatment.

The police informed her that the officer, 55years old, left the police station pretending to be engaged in official work. He signed official exit notes at the police station before he left. Following police media statements about the incident, she learned that the area Superintendent of Police (SP) initiated a preliminary investigation into her complaint. Then he visited the injured police officer in the hospital. When the SP questioned whether he sexually assaulted the woman or not, the officer acknowledged he had.

The Officer-in-Charge (OIC) of the Kebithigollewa Headquarters Police Station filed a criminal case against the alleged offender in the Kebithigollewa Magistrate’s Court, mitigating the crimes committed by him. In filing charges against the police officer, the initial B report only mentioned the much lesser crimes of illegal trespass, intimidation and sexual harassment. The victim in her statement very clearly included credible evidence that the alleged officer committed the crime of attempted rape. In reporting the case to the Courts, the police station OIC intentionally omitted this evidence. The Police wanted to protect their colleague and his pension so they covered up the violations of her human rights.

Misusing the country’s Criminal Law System, the Police have not conducted a professional investigation into the alleged scandalous crime, but have acted solely to protect the suspected policeman.

THE VICTIM DEMANDS JUSTICE. She is asking for a prompt, effective, impartial, and independent investigation into the crime.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this case. Request an immediate inquiry into the allegations of not investigating the crime of sexual assault by the Police. Demand prosecution of those proven responsible under our Criminal Law System. All officers involved should be subject to internal investigations for breach of 
Police Departmental Orders.

The AHRC will also write a separate letter to the Special Rapporteur on Violence against Women in this regard.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ________,

SRI LANKA: Woman sexually assaulted in her home by a Police Officer seeks Justice 
Name of Victim: Woman X (for obvious reasons not her real name) is residing at Ralapanawa, Hadagala, Kebithigollewa in Anuradhapura District
Alleged perpetrators:

1) Police Sergeant 17941 Arampola, Public Relations Unit, Headquarters Police Station Kebithigollewa 
2) OIC, Headquarters Police Station Kebithigollewa

Date of incident: 20 June 2017 
Place of incidents: Kebithigollewa Headquarters Police Division

According to information I have received, Mrs. X (not her real name), residing at Ralapanawa, Hadagala, Kebithigollewa in Anuradhapura District. On 19 June 2017, at 10:30 a.m. the woman X, went to the Kebithigollewa Headquarters Police Station. She first entered the reception area of the police compound and approached the duty officer. She said she needed to apply for a police Clearance Report for her son, who is waiting to apply for a job.

The officer guided the woman to the Public Relations Unit of the police station. She was then able to present her request to the most senior officer in the unit. The officer, after recording the necessary details, requested further family details. She clearly provided all the details. He informed her that he knows the area well and that the police will issue the necessary requested Clearance Report within several days. The officer noticed that the woman came to the police station and collected the report after 2 days. Woman X identified the officer as Police Sergeant 17941 Arampola according to the name badge on his uniform. She then left the police station.

On 20 June 2017, Police Sergeant 17941 Arampola, in official uniform, unexpectedly came to Mrs. X’s residence at Ralapanawa. She was surprised to see him and he acted strangely. She asked him why he had come. He gave a poor excuse for his presence. She told him that she was alone in the house. Woman X was not satisfied with his excuse, was feeling uneasy and questioned his intentions. She pressed him for a legitimate reason as to why he came to her house.

The officer looked closely all around the house, was convinced that woman X was alone and that there was no one else inside the house to assist her. He then attempted to sexually assault her. She fought back. However, the male officer was strong enough to overcome the woman’s defenses and he now attempted to rape her. Knowing what was before her and the possible consequences, the victim grabbed a wooden pole, assaulted the officer, attacking him in self-defense.

Because of the attack, the officer suffered an injury to his head which began to bleed profusely. He finally got control of his emotions. The victim helped the officer to a chair inside the house.

Within minutes she telephoned the Kebithigollewa Headquarters Police Station. She informed the Duty Officer that one of their officers attempted to rape her. She asked that they pick up the officer and bring him back the Police Station for treatment as he had a head injury. She further requested that they investigate the crime and provide the necessary protection for her. Within 20 minutes, a police vehicle with additional officers, arrived at the victim’s residence and took the suspect police officer away.

Later, woman X learned that the police officer was first admitted for treatment at the Kebithigollewa Government Hospital and later transferred to the Anuradhapura Teaching Hospital for further treatment.

The police informed her that the officer, 55years old, left the police station pretending to be engaged in official work. He signed official exit notes at the police station before he left. Following police media statements about the incident, she learned that the area Superintendent of Police (SP) initiated a preliminary investigation into her complaint. Then he visited the injured police officer in the hospital. When the SP questioned whether he sexually assaulted the woman or not, the officer acknowledged he had.

The Officer-in-Charge (OIC) of the Kebithigollewa Headquarters Police Station filed a criminal case against the alleged offender in the Kebithigollewa Magistrate’s Court, mitigating the crimes committed by him. In filing charges against the police officer, the initial B report only mentioned the much lesser crimes of illegal trespass, intimidation and sexual harassment. The victim in her statement very clearly included credible evidence that the alleged officer committed the crime of attempted rape. In reporting the case to the Courts, the police station OIC intentionally omitted this evidence. The Police wanted to protect their colleague and his pension so they covered up the violations of her human rights.

Misusing the country’s Criminal Law System, the Police have not conducted a professional investigation into the alleged scandalous crime, but have acted solely to protect the suspected policeman.

THE VICTIM DEMANDS JUSTICE. She is asking for a prompt, effective, impartial, and independent investigation into the crime.

I therefore, request your intervention to ensure that the authorities listed below activate an immediate investigation into the allegations of rape not being investigated by the Police. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.

Yours Sincerely,
——————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Pujith Jayasundara 
Inspector General of Police 
New Secretariat 
Colombo 1 
SRI LANKA 
Fax: +94 11 2 440440 / 327877 
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421 
E-mail: ag@attorneygeneral.gov.lk

3. Secretary 
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: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary 
Human Rights Commission 
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
Thank you.

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-064-2017
Countries : Sri Lanka,
Issues : Administration of justice, Impunity, Rule of law, Violence against women, Women's rights,