Dear Friends,
According to information received by the Asian Human Rights Commission, a woman residing at the Special Residential Safe House of Refuge Seekers situated at Mirihana in Nugegoda Police Division, Colombo District, was raped by Police Constable Vass, security attaché with the Mirihana Headquarters Police Division on 18 June 2017. On the pretense of taking Ms. X back to her hospital after her discharge from the Colombo South Teaching Hospital, where she was treated for Dengue, Constable Vass took her to a nearby hotel. He then raped her, and then left her back at the hospital. Medical officers examined her and found credible evidence of rape. Though the Constable was initially arrested, the police have delayed investigation and have ignored all evidence.
CASE NARRATIVE:
According to information received by the Asian Human Rights Commission (AHRC), Ms. X (name withheld), is residing at the Special Residential Safe House of Refuge Seekers situated at Mirihana in Nugegoda Police Division, Colombo District, under the direct supervision of the Mirihana Headquarters Police Station.
This safe house is running with the direct assistance of the Sri Lankan Country Office of the United Nations High Commissioner for Refugees (UNHCR). A large number of the inmates are refugees fleeing the violence in Burma. They have reached Sri Lanka by flights, through the International Airport of Katunaya in Sri Lanka. Some inmates have been arrested by the Sri Lankan Navy while trying to reach Sri Lankan beaches. Others were travelers rescued by the fishermen and the coastal guards, while they were facing troubles at sea.
After being produced before the Magistrates of the respective regions, they were detained in this house with judicial detention orders.
Ms. X was one among hundreds of other inmates who came from Burma. She was detained in Mirihana Safe Dentation House for several months. After she fell ill with severe fever, police authorities brought her to the Colombo South Teaching Hospital, where she was admitted for treatment for Dengue Hemorrhage Fever.
On 18 June 2017, at 9 a.m., the hospital authorities informed her that she would be discharged from the hospital and could proceed home. They further informed her that she could contact her relatives to come and bring her, as the medical staff needed to instruct them on her post-recovery care.
Ms. X was informed by the hospital authorities that they are informing the police detach and the in-charge of the detention center for travel arrangement of the patient to the shelter house.
Meanwhile Police Constable (PC) Vass, officer attached to the Detention House, arrived at the hospital ward and approached Ms. X. He requested her to join him to go back to the safe house. She followed him. Importantly, she does not speak or understand the Sinhalese language spoken by the police officer. She does not speak English either. She thought that the police have come to bring her back to her home as part of their job.
However, PC Vass brought her to a hotel at Papiliyana in the Boralesgamuwa Police Division, and later booked a room and brought her to the room. She could not understand what was going on. Not knowing the place or the roads, she thought this was part of the process to bring her to the safe home. She was then raped by PC Vass. Though she protested, she was not able to get away from him. All her communications were refuted by him.
Later PC Vass brought her back to the hospital ward where she was treated, and left. The hospital authorities questioned her whereabouts. She tried to explain what happened. Then the hospital authorities reported the matter to the Hospital Police Post and the Judicial Medical Officer of the hospital. The medical practitioners tried their best to examine her, but the language barrier prevented proper communications.
As Ms. X could only speak the Burmese and Bengali languages, the hospital authorities managed to bring a Bengali-English translator, and recorded her statement. She stated all the events to the medical staff. Following a medical examination, which found evidence of rape, the hospital police submitted their report. Subsequently, PC Vass was arrested and produced before the Magistrate of Nugegoda and detained.
According to Ms. X’s relatives, the police have not yet recorded any statement from her, giving the excuse of a lack of Burmese-English translators. The relatives and the hospital staff were also not questioned, and neither were the hotel staff. Most importantly, the official reports on the duty reporting of the suspected police officer was not yet submitted to the court of law.
Finally on 17 August 2017, PC Vass was granted bail.
The relatives of the victim and the concerned parties demand a thorough investigation into the case. They believe that Officer-in-Charge (OIC) of the police station has intentionally avoided important evidence when reporting the case to the courts.
SUGGESTED ACTION:
Please write to the authorities listed below expressing your concern about this case. Request an immediate inquiry into the allegations of not investigating the crime of sexual assault by the police. Demand prosecution of those proven responsible under Sri Lanka’s criminal law. All officers involved should be subject to internal investigations for breach of Police Departmental Orders.
The AHRC will also write a separate letter to the Special Rapporteur on Violence against Women in this regard.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
SRI LANKA: Refugee raped by police officer responsible for her security
Name of Victim: Ms. X (name withheld), is residing at Special Residential Safe House of Refuge Seekers situated at Mirihana in Nugegoda Police Division, in the Colombo District
Alleged perpetrators: 1) Police Constable Vass, security attache to the Mirihana Refuge Safe House, Headquarters Police Station Mirihana
2) OIC, Headquarters Police Station Mirihana
Date of incident: 18 June 2017
Place of incidents: Boralesgamuwa Headquarters Police Division
According to the information I have received, Ms. X (name withheld), is residing at the Special Residential Safe House of Refuge Seekers situated at Mirihana in Nugegoda Police Division, Colombo District, under the direct supervision of the Mirihana Headquarters Police Station.
This safe house is running with the direct assistance of the Sri Lankan Country Office of the United Nations High Commissioner for Refugees (UNHCR). A large number of the inmates are refugees fleeing the violence in Burma. They have reached Sri Lanka by flights, through the International Airport of Katunaya in Sri Lanka. Some inmates have been arrested by the Sri Lankan Navy while trying to reach Sri Lankan beaches. Others were travelers rescued by the fishermen and the coastal guards, while they were facing troubles at sea.
After being produced before the Magistrates of the respective regions, they were detained in this house with judicial detention orders.
Ms. X was one among hundreds of other inmates who came from Burma. She was detained in Mirihana Safe Dentation House for several months. After she fell ill with severe fever, police authorities brought her to the Colombo South Teaching Hospital, where she was admitted for treatment for Dengue Hemorrhage Fever.
On 18 June 2017, at 9 a.m., the hospital authorities informed her that she would be discharged from the hospital and could proceed home. They further informed her that she could contact her relatives to come and bring her, as the medical staff needed to instruct them on her post-recovery care.
Ms. X was informed by the hospital authorities that they are informing the police detach and the in-charge of the detention center for travel arrangement of the patient to the shelter house.
Meanwhile Police Constable (PC) Vass, officer attached to the Detention House, arrived at the hospital ward and approached Ms. X. He requested her to join him to go back to the safe house. She followed him. Importantly, she does not speak or understand the Sinhalese language spoken by the police officer. She does not speak English either. She thought that the police have come to bring her back to her home as part of their job.
However, PC Vass brought her to a hotel at Papiliyana in the Boralesgamuwa Police Division, and later booked a room and brought her to the room. She could not understand what was going on. Not knowing the place or the roads, she thought this was part of the process to bring her to the safe home. She was then raped by PC Vass. Though she protested, she was not able to get away from him. All her communications were refuted by him.
Later PC Vass brought her back to the hospital ward where she was treated, and left. The hospital authorities questioned her whereabouts. She tried to explain what happened. Then the hospital authorities reported the matter to the Hospital Police Post and the Judicial Medical Officer of the hospital. The medical practitioners tried their best to examine her, but the language barrier prevented proper communications.
As Ms. X could only speak the Burmese and Bengali languages, the hospital authorities managed to bring a Bengali-English translator, and recorded her statement. She stated all the events to the medical staff. Following a medical examination, which found evidence of rape, the hospital police submitted their report. Subsequently, PC Vass was arrested and produced before the Magistrate of Nugegoda and detained.
According to Ms. X’s relatives, the police have not yet recorded any statement from her, giving the excuse of a lack of Burmese-English translators. The relatives and the hospital staff were also not questioned, and neither were the hotel staff. Most importantly, the official reports on the duty reporting of the suspected police officer was not yet submitted to the court of law.
Finally on 17 August 2017, PC Vass was granted bail.
The relatives of the victim and the concerned parties demand a thorough investigation into the case. They believe that Officer-in-Charge (OIC) of the police station has intentionally avoided important evidence when reporting the case to the courts.
I therefore request your intervention to ensure that the authorities listed below initiate an immediate investigation into the allegations of rape not being investigated by the police. All officers involved should be subject to an internal investigation for breach of Police Departmental Orders.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
- Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Jayantha Jayasooriya PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you
Urgent Appeals Program
Asian Human Rights Commission (ua@ahrc.asia)
