SRI LANKA: Alleged serial killers take the life of the 18th woman, in Kotakethana in Kahawatte

Dear friends,

The Asian Human Rights Commission (AHRC) is issuing this special Urgent Appeal following a spate of alarming, serial killings, particularly of women in the Kahawatte Police Division, during the past few years – which constitutes several elements of systematic extrajudicial killings. On 4th April 2015, the Kahawatte Police Station received a complaint of a woman having mysteriously disappeared. Three days later, on 7th April 2015, a special police team, found the naked body of the woman, brutally killed, floating in a water stream, near her home. This was the 18th such killing reported from this same police area.

These series of killings of women started to be reported on 21st July 2008, with reports of the killing of a 56 year old woman, Sellaiya Maria, in Opathawatte, in Kahawatte.  Since then, 18 women in total have been killed by unidentified persons.

CASE NARRATIVE: 

The killing of the 18th woman, so far, in the Kahawatte Police Division

On 4th April 2015, Ms. Hambanawatthe Chandrani Swarnalatha, 39 years old, of No. 94, Srinivasa, Kotakethana, Kahawatte was reported as missing in the late hours of the night. Ms. Chandrani’s husband Mr. Vijitha Sriyananda realized that his wife was not at home, after he returned from attending a funeral in the same village. He also realized then, that the back door of the house was left ajar, and noted several blood stains at the back of the house. He had then questioned his son, who was asleep in another room as to the whereabouts of his wife. The son had been asleep and he was unaware of what had taken place in the house and did not remember anything. Vijitha, had then lodged a complaint with the Kahawatte Police Station. 

Following the complaint, investigations have been launched by the police, with assistance from the Kahawatte Police Station, the Kotakethana Police Post, and the Kotakethana STF camp’s officers, to locate Chandrani. On 7th April 2015, the naked body of the missing woman had been recovered by the police team, floating in a water stream, nearby. 

Following the recovery of Chandrani’s body , the Kahawatte Magistrate and the Judicial Medial Officer attached to the General Hospital Rathnapura, had visited the scene and a post mortem examination was has been conducted. The post mortem examinations have revealed that Chandrani’s was a victim of a murder. The examinations have revealed several fatal injuries, including a deep cut injury to the back of the scull, deep cut injury to the forehead, a deep cut injury to the neck, and a cut injury to the right thumb. 
Police also suspect that she was raped before she was killed.  According to reports police are continuing with the investigations and no suspect has been arrested in connection with this brutal murder, bringing to 18 the total number of women killed in the same village.  

Details of the 18 women killed so far in in Kahawatte Police Division are as follows; 
21 Jul 2008         Sellaiya Maria, 56 years old, killed in Kahawatta, Opathawatte, 
31 January 2011    a body of a woman found at Kahawatte, Opathawatte
04 April 2011         68 year old woman found killed and burnt inside a house in Kahawatte 
15 December 2011      the body of a 69 year old woman found at a river bank in, Kahawatte Opatha, Kotagedara
31 January 2012     bodies of two women, P K Nayana Nilmini and her daughter S H Kavindya     Chathurangani found in Kahawatta, Kotakethana, two womens. 
02 February 2012     two bodies found of an 18 year old girl and her mother, in two different places in the same area in Kahawatta, Opatha 
31 May 2012     bodies of two sisters  61 year old widow and 51 year old – found in Kotakethana, Warapitiya 
19 June 2012     bodies of two women, a mother of 63 and her daughter 33 years, who were killed and burnt were found in Kahawatte, Kotakethana. 
19 July 2012        bodies were found of L A Pramawathi and her unmarried daughter Pushpa Kumari Kahawatte, close to the Temple in the village  
31 October 2012     60 years old woman’s body was found in a house in Kahawatte,
16 September 2013      a body of a woman was found in Kahawatte, Poranuwa
22 October 2014      a body of a woman killed was found in Kahawatte, Opathawatte 
04 April 2015     the body of a 39 year old woman Chandrani Swarnalatha was found in, Kotakethana, Kahawatte 

Criminal Investigation by the Law Enforcement Agencies 
Kotakethana is a village in Kahawatte Police Division in Rathnapura District in Sri Lanka. It is a very small village where only around 3,825 people live and there are only 782 houses in the village. It is a predominantly Sinhalese Buddhist area along with several dozens of Indian Tamil Origin families who are residing in the tea estates. It is a very peaceful village, never reported any violent activities or crimes for centuries except some sporadic incident. 

On 21 July 2008, Ms. Sellaiya Maria, a resident of Opathawatte in Kotakethana was reported missing and police later found her body, brutally killed. Then from that date onwards till the 4th of April 2015, where Chandrani was killed, there were 18 such killings reported. 

All these killings have similarities which constitute several elements of systematic and extrajudicial killings. 
a.    The killings were of only women
b.    13 out of the 18 women were over 60 years of old
c.    All the killings were centered in a particular same area. 
d.    Killings were conducted while the women were isolated or lived alone in their houses
e.    Many of the women were raped before they were killed 
f.    Many of the women were first killed then their dead bodies were burnt along with their houses. 
g.    In several killings, the bodies of the women were taken some distance away from their houses. 
h.    Many of the killings showed clear evidence that the killings have been carried out by either two or more culprits. 

While reiterating that the prime responsibility of investigating this series of crimes is vested with the Kahawatta Police Station the failure so far, in carrying out any credible investigation into these killings and the failure to apprehend any suspect in connection with the same has only led to the continuation of the spate of killings in this area.  The failure in the investigations process has in turn resulted in the failures in the prosecution process as well. This clearly demonstrates the stark incapacity of the law enforcement agencies in the country. 

Instead of resorting to scientific and modern methods of investigating crimes, the police department has taken bold and in fact several administrative measures which have proved futile so far. In contrast the killings have continued unabated. The Police Department initially established a special police station for the Kahawatte Police Division several years ago. Following which, and after the killings were being reported one by one, the police established a special Kotakethana Police Post in the area. In addition, the police established a Special Task Force (STF) police camp inclusive of 160 police officers and staff and which was fully equipped – all three police stations in one village. Later, several people have been arrested, on suspicion for these killings. According to the residents, no proper investigations have been conducted following these arrests and several of the suspects were later, extra judicially killed. To date, no suspect has been apprehended in connection with these killings nor prosecuted. 

The lack of interest in the police service to resort to and adopt scientific investigative techniques, forensic analysts, psychiatric and physiological research into these investigations, shows the breakdown of the entire investigative procedures. The proper analysis of information, further scientific research, analyzing criminal behaviors, protecting the data and operating base on available information would also without a doubt guide in a proper manner the process of prosecution  The failure to resort to such modern and scientific investigative methods has brought about the collapse of the administration of criminal justice system in Sri Lanka.  Thereby, justice denied. This murder too is yet another, in a very long list of extrajudicial killings in Sri Lanka.  

Obvious failures in the investigation
a) Considering the systematic manner of the series of killings that has taken place, it can be construed that the prime suspects may be an ex-prisoner.  Has the police excluded this possibility? Police should pay more attention to such factors, both statistically and in the identification of criminals for several years with the collaboration of the prisons department;
b) As the post mortem investigation has clearly indicated that several of the women who were killed have also been raped, the specimens must be taken and DNA examination must be done in order to compare with several suspected criminals, with the required judicial orders in  place; 
c) Several of the suspects who were arrested were simply released by the courts and it was the police’s responsibility to submit such details of ongoing crimes to the Courts and to object to any bail applications. This has not been done properly. 
d) The government analyst’s assistance must be obtained, as many of the incidents have been done in a series of events, i.e. rape, killing with blunt weapons and burning of houses. 
e) The services of the forensic pathologist must be obtained in order to conduct proper investigations at the scene of the crime; 
f) Measures must be taken to bring forensic scientists for crime scene investigations;
g) Criminal Investigation Department must call upon for finger prints analysis; 
h) Further, their services must be obtained to maintain the data bank and information to trace the criminals 
i) The services of Forensic Psychiatrists must be obtained for observations and analysis of criminal behavior and in identifying the criminals.
j) The Forensic Pathologist must be called upon to identify the manner in which the killer repeatedly killed the women. 
k) Services of the philologist and councilors services must be called for, take care of victims, witnesses and the villagers who are in danger. 
l) Deep medico-legal examination and research on the defects on the investigations must be carried out; 
m) Failures in patrolling the village, especially being a small village must be looked into; 
n) Educating on proper security measures, to be taken by the villagers; 
o) To establish a proper system of alarm in the village; all of which needs to be looked into.  

Failures in adopting many of these measures, has amply demonstrated the collapse of the system in carrying out proper investigation into these serial killings. 

State’s Responsibility
It is the peremptory norm of the state to protect the citizens of its country. Moreover, the state has implemented laws which oblige it to protect the rights and safety of every individual. In order to fulfill such an obligation, the state has established law enforcement agencies to investigate violations and the breaching of implemented laws so as to bring those who have violated these laws before a court of law for appropriate sanctions. 

In any democracy, women, children and the marginalized groups along with the poorest of the poor must be given extra protection Affirmative action must be adopted so that social justice is a reality for every individual in Sri Lanka. The meaning and value of human rights lies in the understanding that every member of society will be under its care, not just certain segments of society. 

When the basic elements of the investigation and the prosecution processes are paralyzed, the practice of killing and the adoption of unsystematic practices that are used to eliminate many of the problems faced by society are used instead. Such a practice will ultimately destroy the basic structure of civil society in Sri Lanka. 

These serial killings of women in the Kahawatta Police Division must be stopped. These killings should be investigated promptly, efficiently and impartially. These investigations must be conducted scientifically and methodically, systematically with competent officers with professionalism. The responsible perpetrators should be brought before the court of law and should be prosecuted and those who are found guilty should be penalized.

This case is symbolic of the crisis that now faces the Sri Lankan police force. A lack of accountability and professionalism has allowed extra-judicial punishment to become the standard. The Assistant Superintendent of Police (ASP) of the division and the Officer-in-Charge (OIC) of the Kahawatte Police Station is responsible for the actions and conduct of his junior officers to protect the law and with due diligent implement the law by protecting the civil liberties of the people and securing the lives and the properties of them. Once a credible independent investigation has uncovered how and why these events had taken place, effective reforms must be brought into force. 

Presently, family members of the victims, their relatives, and neighbours of the victims along with an entire village are living in fear for their lives and are seeking proper protection from the state.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission notes with concern that it is the primary the duty of the State to protect the lives of all citizens of a country and that same responsibility, extends to the Sri Lanka police. The Constitution of the country clearly states that the sacred and utmost duty of the State is to implement the rule of law and to equally protect the lives and the properties of its citizens.  Throughout its long history of being a democracy, Sri Lanka too has established several law enforcement agencies in order to effect those state duties. We reiterate, that the primary duty of the police is to investigate crimes and assist the Attorney General, as the country’s chief prosecutor, to bring the culprits to justice. 

However, continued failures in the functioning of this investigative mechanism, particularly the continued failure to investigate these serial killings and the failure, to-date, to bring any suspect before justice for prosecution has only proven the inherent incapability of the law enforcement agencies to carry out their basic duties.  The prime duty of the state has been thereby, blatantly ignored. The people of Kahawatte are in constant fear for their very lives. As per reports we have received they are not venturing out of their homes after 6 in the evening till next day morning and are living in constant fear. 

Following the killings, several police stations, were set up in the Kahawatte area over this period of time. At first, a special police station was established for Kahawatte, then after more reports of killings were made, a special Kotakethana Police Post was set up in the area. Added to that a Special Task Force (STF) police camp, consisting of 160 officers was also set up in the same area – making it three fully equipped police posts in one village. All this did not bring any results. 

According to reports, several alleged suspects were eventually arrested in connection with these killings, and it was later reported that several of the suspects were extra-judicially killed. According to residents no proper investigations have ever been conducted following these arrests and residents are angry at the fact that killing of innocent suspects will not solve nor stop the killings. 

To-date, almost 6 years after the reporting of the initial murder and after 18 innocent women have been killed the police have failed to arrest even one suspect in connection with the killings. 
The lack of interest in the police service to resort to and adopt scientific investigative techniques, forensic analysts, psychiatric and physiological research into these investigations, shows the breakdown of the entire investigative procedures. The proper analysis of information, further scientific research, analyzing criminal behaviors, protecting the data and operating base on available information would also without a doubt guide in a proper manner the process of prosecution.  The failure to resort to such modern and scientific investigative methods has brought about the collapse of the administration of criminal justice system in Sri Lanka.  Thereby, justice has been denied. This murder too is yet another, in a very long list of extrajudicial killings in Sri Lanka.  

SUGGESTED ACTION: 
Please call for a thorough, legitimate investigation into these cases and for those proven responsible to be brought before a court of law. An investigation would need to examine the lack of protection and support extended to a family and a witness under threat. Such protection must now be promptly provided for. Please also call for the Human Rights Commission of Sri Lanka to independently investigate the case, particularly the roles of the high-ranking police officers in the district. 

The AHRC will write separately to the Special Rapporteur on Extra-judicial, Summary or Arbitrary Executions and the Special Rapporteur on Violence against Women, informing him of these incidents. 

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