SRI LANKA: Victim of rape and her family live in fear due to influence of the suspect 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 15-year-old girl was raped with the connivance of her mother. Despite repeated complaints to several police stations the culprits remain at large, one of them being released on bail. The rapist and the girl’s mother are making continuous threats both to her and her father who now appeals for protection.

CASE NARRATIVE:

Mr. T B Atugoda (49), who resides at No: 37, Ullandapitiya, Werellagama in Kandy district is married to Ms. M K Kusumawathi and the couple have a daughter aged 15 years at the time writing.

Kusumawathi went to the Middle East to take up a job when the child, Kanthi (not her real name), was 3-years-old. Kanthi was placed in the care of her father and his sister with the consent of the both parents. Kusumawathi came back to Sri Lanka in May 2011 but for reasons not stated, did not want to live with her husband. She made a complaint at the Katugastota Police Station demanding custody of Kanthi. The police called her in for an inquiry and after their discussion with her ordered, her husband, Mr. Atugoda and his sister to hand over the child to Kusumawathi. The following day Kanthi was collected by her mother.

The police officers did make any official record of the inquiry and Mr. Atugoda states that the police officers were not impartial in their inquiry and alleged that they were influenced by gifts of money from his wife.

Kusumawathi brought Kanthi to a newly rented house at Nittambuwa in the Gampaha District where they stayed for a period of one month. Although Kanthi was attending school at that time due to the sudden change of her residence she was unable to continue with her education.

Then on 29 October, 2011, Kusumawathi and Kanthi came back to Kandy and rented a house at Dehideniya, Muruthalawa Road. By that time Kanthi learned that her mother was associated with a person called Mr. Anura Priyantha Bandara, who helped Kusumawathi find the new place of residence.

Shortly after this move Anura wanted to enter into a relationship with Kanthi which she, from the very beginning, refused, stating that she wanted to continue her education. But Kusumawathi insisted that Kanthi comply with Anura’s demands. However, the girl refused. By that time Anura was visiting their new residence frequently.

Meanwhile Kanthi learned that Kusumawathi was running out of money and she urged Kanthi to request assistance from her father and aunt. At the same time Kusumawathi insisted that Kanthi marry Anura and further insisted that she convert to Islam. Kusumawathi told her that she was also in a relationship with a Muslim. Despite repeated urging, Kanthi continued to refuse the suggestions made by her mother.

On 25 November, Kusumawathi again insisted that Kanthi marry Anura and when she refused she was assaulted several times by her mother. She was beaten with the handle of a mop, as a result of which she suffered a severe headache. When Kanthi asked for some medical treatment Anura and Kusumawathi gave her some tablets that were red and white in colour. Upon taking the pills she felt drowsiness and sleepy. Later, after Kusumawathi had left, Anura came to the house and raped Kanthi. Due to her illness and the medication she was weak and unable to resist. Anura left after assaulting the young girl.

Kanthi was left alone and a neighbour provided some food for her. On 26 November, Kusumawathi came home but left shortly afterwards saying that she was going to an agency for foreign employment. Then Kanthi was able to contact her father and aunt to seek their help. They arrived shortly afterwards and brought the child to their home.

After a few days Kanthi revealed to her father and aunt what had happened to her while she was in her mother’s custody. On 30 November, Mr.s Atugoda and his sister brought Kanthi to the Katugastota Police Station and made a complaint. They felt that the police officers showed little interest in their complaint and when they requested that the police officers arrest Anura Priyantha Bandara and Kusumawathi they refused to comply.

Then on 1 December, Anura made a phone call to the residence of Mr. Atugoda and asked to speak to Kanthi. Mr. Atugoda gave the contact details of Anura to the police officers and sought their help to arrest him. The officers using a decoy were able to arrest Anura refused to investigate further and proceeded to court with the case. Their refusal was on the basis that the case should be investigated by the Peradeniya Police Station.

Then Mr. Atugoda and his sister went to the Peradeniya Police Station and made a complaint again. The officers at Peradeniya recorded their statements and then recorded statements of the neighbours of the house where Kanthi and her mother stayed. They all positively provided true statements regarding the incident.

Kanthi was admitted to the Peradeniya Teaching Hospital and subjected to several examinations which proved that she had been raped and that further she was pregnant. When her condition deteriorated the doctors decided on surgery and ultimately the fetus was removed. The doctors collected specimens for DNA testing as well.

Meanwhile Kusumawathi made several calls to her husband and threatened him with death if they proceeded with the case against her and Anura. Following these threats Mr. Atugoda complained to the Peradeniya Police Station regarding the protection of his child.

On two occasions Kusumawathi visited the hospital where Kanthi was being treated and tried to threaten her but the other patients and some visitors surrounded Kanthi and protected her. Upon hearing this Mr. Atugoda complained to the Peradeniya Police Station and requested them to arrest Kusumawathi and produce her in court as she responsible for the crime and was now making death threats. It was shortly after this that he learned that Anura had been granted bail.

Mr. Atogoda appeals for speedy justice. He complains about the inability of the police to arrest the culprits due to the undue influence of his wife. He further appeals for an impartial and independent inquiry and for protection of the witnesses to the case.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission (AHRC) has reported innumerable cases of the victims of crimes who have face enormous harassment; on several some occasions the witnesses and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka on the necessity of adopting a witness protection law and implementing a successful witness protection mechanism to verify the smooth running of the 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 state authorities, means that the law is under-utilised continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victims and their families, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

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.

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