SRI LANKA: Government illegally influences police and medical staff

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-051-2008
ISSUES: Sexual violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the assault and sexual harassment of a woman allegedly by a man employed in the Divisional Secretary’s office, Kataragama on 3 February 2008. Subsequently the office allegedly influenced the police officer handling the victim’s complaint and the doctor who examined the victim.

CASE DETAILS: (based on the testimony from the victim, Ms. Thanuja Lakshmi)

Ms. Thanuja Lakshmi is the mother of 14 year old Kaushalya Ratnayake and one and half year old Sashini Sehara Ratnayake. Her husband Cyril Ratnayake has worked as a security officer, attached to the Housing Authority, since 1987. Presently he is stationed in Amparai and comes home only for weekends.

At about 10am on 3 February 2008, Thanuja saw Mr. Rasika who is employed with the Divisional Secretary’s office Kataragama drinking alcohol with two other persons whose names she did not know but could identified. Thanuja heard that they were talking about the house of Mahindasiri, an accountant attached to the office of the Divisional Secretary which is situated behind her own house.

At 4pm, Rasika came to her house and asked for her husband and Thanuja replied that he was at work. Rasika then repeatedly asked her about her husband and become more threatening. Thanuja then asked him who he was and he showed her his identity card. Then he asked her “What is the dispute you are having with Accountant Mahindasir’s land?”  Thanuja told him that she was not aware of anything and he had better ask her husband about it. Then again Rasika shouted, “Where is Ratnayake? Tell him to come out.” Then he attempted to enter the house which Thanuja tried to prevent. However Rasika pushed his way inside, pushing Thanuja into a room and on to a bed. In the process he caught her and pulled her dress and in the struggle her skirt was torn. Thanuja started to shout for help. Then he took an axe which was lying in a corner of her house and hit her with the handle. Thanuja fell down under the weight of the blow and Rasika struck her again several times. Then the Accountant Mahindasiri too came with his sarong raised and asked for her husband. Thanuja Lakshmi noticed that he too was drunk.

Hearing the noise Thanuja’s neighbor Sunil Dayaratne came and pulled Rasika by his shirt while Rasika struggled with Dayaratne. At that moment Premasiri, Podi Dayaratne, and Weerakoon who are employees attached to Town Development Authority, and some other persons who had heard Thanuja shouting came running and pulled everyone out. Then Rasika and Mahindasiri started to fight with those people.

Thanuja says she was in severe pain due to an injury to her hand and went to the Kataragama Police Station to lodge an entry. Inside the police station, while the police officer was taking down her complaint, another officer told him that there was a phone call from the Divisional Secretary. After answering the call the officer came back and continued to write down her complaint. After finishing, the police just got her signature on it but did not make her read the contents.

Then the Police sent her to the Kataragama Hospiltal. Thanuja says that while the Doctor was checking her, he too got a telephone call from the Divisional Secretary. The Doctor told her that he could not treat her and sent her to Hambanthota Hospital in an Ambulance.  The same day at about 8.pm they operated on her arm. She was in the hospital for three days and in the afternoon of 5 February 2008 she was discharged. Since then, she has been unable to work and her arm is still in plaster.

On 6 February she went to the police station and the police asked her to go to the Mediation Board and settle the matter, which she refused. A case was instituted in court.

Based on her complaint, the police started investigation into the alleged assault however, no progress has been reported. In addition, due to the alleged influence by the office of the Divisional Secretary the case has not been investigated.

SUGGESTED ACTION:
Please write letters to the relevant authorities to investigate into this matter and expedite the police inquiry into this matter. Please also urge them to investigate the alleged influence by the Divisional Secretary.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on Violence against Women calling for an intervention in this case.

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

SAMPLE LETTER

Dear __________,

SRI LANKA : Government illegally influences police and medical staff

Name of victim: Ms. Ediriweera Jayasekara Kurudu Patabadige Thanuja Lakshimi; residing at No. 56 Gam Udawa, Kandasurindugama, Kataragama; assaulted and sexually harassed in her house by Mr. Rasika, working at the Divisional Secretary Office, Kataragama
Date of incident: 3 February 2008
Place of incident: in Kataragama Police Station, Hambantota Dist. II, Tangalle Division, Southern Range; Kataragama Hospiltal

I am writing to voice my concern regarding the alleged influence by the Divisional Secretary 
Kataragama to the police officer taking down the complaint and the doctor examining the complainant’s injuries.

According to the information I have received, two of the officers of the Divisional Secretary Kataragama were involved in a case of alleged assault and sexual harassment of a woman on 3 February 2008. The officials allegedly forcibly entered into Ms. Thanuja’s house under the influence of liquor asking for her husband, who was absent at that time, to discuss about a land dispute. In this process one official, Mr. Rasika pushed and pulled her by her clothes. He allegedly tried to push her on to a bed. When Thanuja shouted for help, Rasika struck her with the handle of an axe which was in the house. She was rescued by her neighbours.

I am further informed that the police officer taking down her complaint received a phone call from the Divisional Secretary Kataragama. The officer thereafter just got her signature and did not make her read the contents of her complaint. Subsequently while she was receiving medical treatment at the Kataragama Hospital, the doctor too is said to have got a telephone call from the Divisional Secretary. Thereafter he is said to have stopped checking her injury and referred her to the Hambantota Hospital.

In the light of the above, I urge that impartial and thorough investigation into this alleged influence by the Divisional Secretary be investigated without delay. While welcoming the police’s investigation into this alleged assault and sexual harassment against officials from the Divisional Secretary, I further urge you to ensure that the investigation must be conducted without any hindrances.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

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

2. Mr. C.R. De Silva 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net

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

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.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org 

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-051-2008
Countries : Sri Lanka,
Issues : Sexual violence,