SRI LANKA: A mother of two was publicly tortured by the Chairman of the Co-op Lanka, Kotapola

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Ms. Kumarapperuma Arrachige Dileeka Shanthi Kusum, a 33-year-old mother of two was beaten in public by the Chairman of the Co-op Lanka, Kotapola. Dileeka Shanthi Kusum was hospitalised due to the injuries she received in the incident and has made complaints to the Pitabaddera Police Station, Human Rights Commission (HRC), Inspector General of Police (IGP), National Police commission (NPC) and the Attorney General (AG). None of these authorities have taken action in the matter and instead, the Pitabaddera Police are providing security for Mr. Bandu Ranawaka, the perpetrator.

This case is yet another illustration of the fact that the Sri Lankan police are more likely to support influential criminals rather than the victims that they are supposed to be protecting.

CASE NARRATIVE:

Ms. Kumarapperuma Arrachige Dileeka Shanthi Kusum (33) of Kottapola, Ammugammulla, Galdola in Matara District is married and a mother of two children, she is a labourer by profession.

On 21 January, 2012 Dileeka Shanthi Kusum and others employees of the Kotapola Multi-Purpose Cooperative Society were brutally assaulted by Mr. Bandu Ranawaka, the Chairman of Co-op Lanka, Kotapola and his thugs. They made a written complaint to the Pitabaddera Police Station which was registered as CIB No:248/184 on the same day but, to-date, the police have not started an inquiry into the complaints and no legal action has been taken against Bandu Ranawake.

On 17 December 2012, Employees of the Kotapola Multi-purpose Cooperative Society started a strike in protest against the corruption that was preventing their salaries being paid on time and the lack of bonuses and other payments. While it was going on Bandu Ranawake told them to stop their action and return to work. Moreover, the Deputy Minister of Public Adminisration, Mr Wijaya Dahanayeke, stated that he would take the responsibility of conducting a proper investigation into their allegations and asked them to start work again. He promised to pay their due salaries with other payments as well. Thus, they were informed to go the Pitabaddera Co-operative Office to collect their due payments. All of the affected staff members then went to that office on 21 January 2013. The total number of employees in attendance numbered around 700. Soon after Bandu Ranawake arrived with around 10 other people and demanded to know the reason for their visit.

When they told him that they had come to collect the monies due to them Bandu Ranawake and the people that had accompanied him started to beat the employees. Bandu Ranawake personally beat Dileeka Shanthi Kusum’s chest severely and she fell down on the floor due to the pain. Due to the fall she hurt the back of her head. When the other employees helped her to stand up Bandu Ranawake then struck her on the head causing her to faint.

When she was able to walk, Dileeka Shanthi Kusum went to the Pitabaddela Police Station and made a complaint under CIB 248/184 about the incident. As she was vomiting and feeling faint she went to the Morawake Government Hospital and was admitted to the ward the same day. At noon police officers arrived at the hospital and recorded a statement from her.

As her condition had not improved the following day she was transferred to the Matara Teaching Hospital and was discharged on 25 January 2013. She was asked to return for out-patient treatment at the clinic but even after several visits she continues to suffer severe headaches. On 5 March 2013 she went to the Deniyaya Government Hospital and after examining her, the doctor transferred her to the Matara hospital again for the further treatment on 6 March 2013. After further treatment she was discharged on 12 March 2013.

Still she is unwell continues to suffer from headache and backache and is unable to return to work.

Dileeka Shanthi Kusum was not the only victim of assault by Bandu Ranawake and his thugs. Ms. J.D. Chandra, Ms. D.Y Pushpa and Ms. K.D. Seelawathi were also brutally beaten and received injuries including a broken finger. They were admitted to hospital and received medical treatment. Similarly to Dileeka Shanthi Kusum they all made complaints against Bandu Ranawake but so far, instead of taking action against him the Pitabaddera Police have provided him with security.

Dileeka Shanthi Kusum has complained to the Human Rights Commission (HRC), Inspector General of Police (IGP), National Police commission (NPC) and the Attorney General (AG) on the violation of her rights but none of these authorities have yet started any investigation into his case.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission (AHRC) has reported innumerable cases where state law enforcement agencies have added to 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, the 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 allegations of violence against women and refusing justice for the victim by police officers of Pitabaddara Police Station and other state officers and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers.

Please note that the AHRC has also written a separate letter to the United Nations Special Rapporteur on Violence against Women on this regard.

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