Dear friends,
The Asian Human Rights Commission (AHRC) has received information that Rita, a student and rape victim is now suffering from a three year delay of the courts in hearing her case and serving her justice.
One of the most shocking cases of fundamental human rights violations of women took place in broad daylight in the town of Talawakelle in the Central Province of Sri Lanka on 12 August 2001. Since then Rita’s case was heard in the magistrate court of Nuwara-Eliya from August – November 2002 and was committed to the high court in November 2002. However, the case was not called at the high court and no further progress has been made. The attorney-general’s department was contacted on 26 July 2003 regarding the case, to which they responded on 19 January 2004 saying that they will take action. Needless to say, nothing has yet been done.
The AHRC is very concerned and disturbed by the conduct of the Sri Lankan court and prosecution systems. We thus urge 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.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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REMINDER:
Rita, 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 12 August 2001. 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.
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 28 August 2001.
When the case was brought to court on 28 August 2001, Rita’s lawyer, Priyantha Gamage, stated that Rita 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. Rita’s 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 behavior 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.
This is a case of severe discrimination and humiliation inflicted on the victim because of her poor Tamil plantation background.
ACTION REQUIRED
We request you to send a fax, letter or e-mail to the following authorities requesting urgent action on this case.
1. Ms. Chandrika Bandaranaike Kumaratunga
President
Democratic Socialist Republic of Sri Lanka
Presidential Secretariat
Colombo-1, Sri Lanka
Fax: +94 1 333 703
2. Hon. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
3. Dr. Radhika Coomaraswamy
Chairperson
National 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
4. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Fax: 41 22 917 9022
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 learned of the shocking case of a fundamental human rights violation of women, an incident that took place in broad daylight in the town of Talawakelle in Sri Lanka on August 12, 2001. Even more shocking is that three years later, the perpetrators have yet to be prosecuted and punished.
Rita, 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 brutally raped by both men inside a vehicle and then dropped off near the Hindu Kovil in Talawakelle at about 6 p.m. Rita was then 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 were arrested due to public pressure, there has been a widespread feeling that the police are siding with the perpetrators and that a proper investigation into the matter is not taking place. Subsequently, the prosecution of the case is also jeopardized.
At the initial hearing, Rita, a schoolgirl, was publicly denounced 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 disturbing that the police failed to inform the court that the victim is a 16-year-old poor Tamil plantation student. After her case was heard in the magistrate court of Nuwara-Eliya from August – November 2002, it was committed to the high court in November 2002. However, the case was not called at the high court and no further progress has since been made. The attorney-general’s department was contacted on 26 July 2003 regarding the case, to which they responded on 19 January 2004 saying that they will take action. Needless to say, nothing has yet been done.
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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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
