SRI LANKA: Victim of rape continuously denied justice now lives in fear

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 10 year-year-old girl was the victim of attempted rape by an influential person. The child was admitted to the Nawalapitiya Hospital and later transferred to the Kandy Teaching Hospital for treatment because of the severity of her injuries. She was subsequently treated there for 8 days. Though the case was referred to the Nawalapitiya Police by hospital authorities and the victim and the eye whiteness provided sufficient information for an arrest, the police are reluctant to investigate the case and arrest the suspect. No judicial proceeding has started yet and the victim and witness live in fear of their lives. The education of the victim is in danger as the suspect is seen coming to the gates of the school to intimidate the child. The suspect is obviously influencing the police and there is a very real fear that justice will once again be denied to the victim. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission has received Mr. Kandiah Mahendra and Mrs. Manori Chamini Perera of No: 188, Ambagamuwa Road, Nawalapitiya are married with two daughters, the youngest of which is just 10-years-old. Mr. Mahendra has travelled to Bangladesh for work.

Anoma (not her real name), is studying in year 10 at a reputed girl’s school in the district. She is clever and a brilliant student.

On 31 December 2010 Mrs. Manori was out at a nearby house helping for an almsgiving while her younger daughter was alone at home, having her lunch at around 11.30 am. Anoma answered a knock on the door and found a man who asked for a knife in order to do some repair work on his vehicle. However, when she handed over the knife the man forced his way into the house.

The man threatened the child and attempted to rape her but she started to struggle. In the course of this attempt he stabbed the child on her head and the neck. He further slapped her, knocking out a tooth and breaking her nose. Finally the child was able to run out of the house and shout for help.

The suspect fled when a neighbour came to the scene. This neighbour then took the girl to the Nawalapitiya hospital, however, due to the seriousness of the injuries she was transferred to the Kandy Teaching Hospital where she was treated at ward 4 for 8 days.

The hospital authorities informed the Nawalapitiya Police Station and officers came to the hospital and visited the house at around 10 pm. After the child was discharged from the hospital, she was called to the Police Station several times by the police to identify the perpetrator. The child and the eye witness both gave enough information on the identity of the perpetrator but to-date, the police have failed to arrest him.

On 31 January 2011 Anoma went to the school for the first time after the incident and saw that the perpetrator was waiting at the school gate. As she was sure that it was the perpetrator she informed her mother who in turn informed the officers at the Nawalapitiya Police Station however, by the time the officers arrived he had already left the place.

Mrs. Monari categorically states that that the virtual complainant of the case, the eye witness and she herself have provided enough credible information on the identification of the suspect to the police. She further stated that the suspect was a resident of the house where she was helping with the almsgiving.

Mrs. Manori is aware that the suspect belongs to an influential family in the area and is closely associated with the police. She believe that it is due to this relationship that the officers are reluctant to arrest the suspect and do not want to proceed legally against him.

Mrs. Manori believes that the suspect came to the school when her victim daughter was there with the intention of causing further harm to the child. She further states that her daughter and the witness are now exposed to danger as the police officers are not implementing the law. She says that the victim and the witness should be provided with protection and the case should be referred to the Magistrate’s Court so that the learned Magistrate can be made aware of the situation, especially the danger posed to the victim and the witness.

The victim and her family members appeal to the Inspector General of Police (IGP) to make the necessary order to investigate the complaint in this regard; arrest the suspect and produce him before court.

When the police as a law enforcement agency of the country fail to carry out impartial investigations into an incident and take the culprit before the law it curtails the rights of the victims for redress.

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission (AHRC) has reported innumerable cases where state law enforcement agencies have shown the breakdown of law in investigating crimes and bringing the suspected persons before the law so that they may be punished after successful criminal proceedings. The victims of crimes face enormous harassment, and on some occasions the witness and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka for the necessity of adopting a witness protection law and implementing a successful witness protection mechanism to verify the smooth running of rule of law system. The state of Sri Lanka is bound to implement the legal provisions of the International Covenant on Civil and Political Rights (ICCPR) as it has signed and ratified the convention. Nevertheless the lack of protection offered to those who are willing to take cases against criminals, abusive police officers and the state authorities, means that the law is under-used and this continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining civilian respect for the law and encouraging impunity.

Further state of Sri Lanka has sign and ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However the state agencies have failed to implement the protective laws towards the women effectively.

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the case rape and the witness protection. The criminals as well as the police officers who are having lethargic approach to investigate the crimes must also try before the court of law for breaching the laws of the country and also should be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on violence against women on this regard.

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