SRI LANKA: Rattota police mishandle case of child rape victim

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding how the police at Rattota in Sri Lanka failed to collect vital evidence concerning the rape of a child in Matale on 8 November 2007. Furthermore, the Officer-in-Charge (OIC) made the suspect of rape sit in front of the minor while he interrogated them together, during which time the suspect denied the allegation. The minor was once again victimised by the OIC due to the improper method of investigation. Unlike normal procedure with regards to rape case, the police did not arrest the suspect and to date no investigation has been conducted.

CASE DETAILS: (Based on the testimony from the victim’s grandmother)
 
Ms. X, 13-year-old is a student at a school in Matale (detailed information withheld for security reasons). She lives with her father, grandmother, uncle, two sisters and a brother. Her mother has gone to the Middle East for an employment. It was the Deepavali day, ‘Festival of light’ on 8 November 2007. The minor was at home since her whole family had gone to another house to watch TV programmes.

According to the information received, when she stayed alone, Mr. Jeevaratnam, a 43-year-old neighbor, had come to the minor’s house after he consumed alcohol at around 3pm. As soon as he entered the house, he locked the door and closed the windows. Jeevaratnam threatened her to keep quite with a knife and forced the minor to drink the alcohol he brought. When the minor started shouting, Jeevaratnam put a cloth in her mouth and dragged her to the mat. Jeevaratnam forced her to lie down on the floor and raped her. According to the victim, when she regained consciousness after an hour, she found her clothes were torn out and removed, and felt serious pain in her stomach.

Some time later, her grandmother came in and discovered the smell of alcohol from the victim and started beating her for taking it while questioning her. The victim then rushed to next door and disclosed what happened to her to the neighbors.

The victim’s family and neighbors then took her to the Rottota police station and reported to a Women Police Constable (WPC) who knew the Tamil language. Then the WPC requested her to return the next day.

On November 9, when she went to the police station by the request of the WPC, the OIC from the police station questioned the victim and family members. At the same time, other police brought Jeevaratnam to the police station and positioned him in front of the victim. Then, the police interrogated them together. The suspect totally denied the allegation made by the victim. The victim was once again victimised by the police during interrogation who were insensitive to the victim’s mental and physical chaos.

Soon after some police officers took the victim to the Rottota hospital but the hospital refused to admit her with saying that they did not have doctors to conduct an examination to ascertain as to whether or not she was raped.

Then, the police brought the victim to the Matale hospital and warded her till 15 November 2007. After the victim was discharged, she was taken to the police station by the request of the police. On November 16, she lodged a complaint (Complaint No. 256/157 C.I.B (1))

Now the minor is getting counseling support with the help of an NGO. It is reported that she is very afraid of going to the police station to make a statement due to the police’s improper interrogation. In a normal procedure with regards to rape case, the police usually arrest a suspect with a non-bailable charge and investigate. However, unlike this case, the police did not follow this procedure and now the suspect is free and to date the police did not start investigation.

The AHRC is concerned by the improper interrogation and actions taken by the OIC of the Rottota police station. Given to the fact that the minor was allegedly raped, she is utmost physical and psychological vulnerable as well as minor. However, the OIC neglected her condition by making the suspect sit in front of the minor and interrogating them together. The police had to bring the minor to a hospital as quickly as they were informed this incident in getting medical evidence however, they failed to take proper action. The AHRC is also gravely concerned that to date no investigation has been conducted against the suspect.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to start an investigation into the rape case without delay and improper method of interrogation made by the police. Please also urge them to proper action against the OIC of the Rottota police station if prove true and to improve the method of interrogation.

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