SRI LANKA: Victim of assault denied justice to protect an influential culprit

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that the student of a prestigious college in the Kandy District was assaulted by a state educational officer in public. She was subsequently treated at the Kandy Hospital and later examined by a Judicial Medical Officer. The victim complained to the police authorities in the area and although her complaint was accepted no steps have been taken to investigate and prosecute the culprit. This is common in Sri Lanka when the culprits are influential officers belonging to the state sector. It is plainly evident that the law enforcement agencies implement the rule of law selectively allowing the rights of innocent people to be suppressed and the victims continuously denied justice. 

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission (AHRC) Ms. Ruwini Gamhewa (17) of No: 363/8, Thunbomalu Road, Galoya, Hindagala in Kandy District is a student of the Good Sheppard Convent, Kandy. She is studying in the year 12 Art section. She has one elder sister and one younger brother. Her father is employed in an Estate in Mawanella and her mother is a housewife. Ruwini takes an active role in athletics and also represents her school in zonal meetings.

On 7 May, Ruwini had to take part in the zonal meet which was held in the Bogambara sports ground in Kandy. There were around 20 students from her school at the event and she arrived at 11.00 a.m. Ruwini had gone to see whether her event (the long jump) was taking place at that time and was told to return later. When she was leaving that venue and walking in the direction of the pavilion Ruwini was seized by an Education Department official by the name of Jayantha Bandara who severely assaulted Ruwini in front of many of the students. It was only after the assault that Jayantha Bandara revealed to Ruwini the reason for the assault: she had entered the pavilion through the wrong entrance and should come from the left side; hardly any justification for a physical assault.

Ruwini then complained to her teacher, Ms Therika who questioned Jayantha Bandara as to the reason for the assault. Jayantha replied that he was very angry and could not control himself and as a result he had assaulted Ruwini. It must be asked as to why any person with anger management problems is placed in a position of authority over children. 

Ruwini was in severe pain and felt ashamed to have been forced to suffer this senseless abuse in front of so many of her fellow students. However, she was forced to take part in a few events which included the 200 meters race and also the long jump, representing her school.

Shantha, Ruwini’s mother as usual had come to take her home. While they were on the bus, Ruwini, who was still in severe pain, fainted. Shantha took her to the Kandy Hospital. Ruwini was then warded at that hospital in ward no 9 and later transferred to ward no 16. Ruwini remained in hospital for 2 days, until 9 May 2014. She was also examined by a Judicial Medical Officer (JMO) while she was in hospital. However, after she was discharged she once again fainted on 10 May. As a result she was warded at the Peradeniya Teaching Hospital on the 11th in ward no 2. Ruwini still complains of headaches and pain in her ear.

While in the hospital, a statement was recorded by the hospital police post on the 7th and on their advice Ruwini’s mother Shantha complained to the Women & Child Care Bureau in the Kandy Headquarters Police Station. A Woman Constable recorded her complaint and the reference, WC/2. B (1) 177/69 was given.  On 9 May police officers of that bureau went to the hospital and obtained a statement from Ruwini. Later they also took a statement from Ruwini’s teacher in charge of sports, Ms Therika.

On 12 May Ruwini and her mother were called to the Kandy Police Station for an inquiry along with Jayantha Bandara, the accused. The police attempted to force the victim to settle the matter with the accused. However, both Ruwini and her mother, Shantha, refused to settle. At that point the police officers told them that they cannot proceed as there is no evidence. Furthermore, even after Ruwini made her initial statement about the assault the police officers failed to arrest the alleged suspect.

The victim states that although her complaint was accepted no steps were taken to investigate and prosecute the culprit. This is despite the medical evidence and the statement given by Ruwini’s teacher collaborating her statement. This is common in Sri Lanka when the culprits are influential officers belonging to the state sector. It is plainly evident that the law enforcement agencies implement the rule of law selectively allowing the rights of innocent people to be suppressed and the victims continuously denied justice. It is very clear that the police officers are helping the accused and not the victim who is being denied justice.

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 of assault to the woman and an innocent man 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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