SRI LANKA: A thorough investigation is required in the case of the rape of a minor

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a minor was raped by two men respectively on different occasions in Sigiriya, Sri Lanka. It is reported that one of the accused had earlier bribed the police to prevent them from bringing his case to court.  Both were released on bail and the mother of the minor is in doubt that a thorough, impartial investigation will be carried out.

CASE DETAILS: (Based on the testimony of the victim’s mother)

According to information received, on 28 June 2008, Ms. X (name withheld for security reasons) a 14-year-old girl suffering from a mental illness was left in her uncle’s house, while her mother attended a funeral. Her uncle left the house, leaving her alone, for about half an hour.

Meanwhile, a man named Palitha, 55, came to the house to hire her uncle, a carpenter, to do some work for him. When he found that Ms.X was alone in the house, he raped her. When her uncle returned, he found that the door and the windows of the house were shut and Ms. X and Palitha were together in a room.

When Ms. X’s mother returned that evening, she found out about this incident and immediately lodged a complaint at the Sigiriya Police Station. During the investigation, Ms. X revealed that she was previously raped and sexually assaulted by a neighbour, a retired principal, Gamagedara Kiribanda, 68. The police sent Ms. X to the Sigiriya hospital for examination and the medical report confirmed that she had been raped.

Palitha and Gamagedara Kiribanda were accordingly arrested on June 28 and then released on bail. However, the mother of Ms. X, had information that Gamagedara Kiribanda had arranged a party for the police.  It was also reported that he had been involved in another rape case. This case was not brought before the courts as he had bribed the police. The mother is in doubt that the investigation will be an on-going one.

At the trial on September 11, postponed from August 14, the medical report was presented but postponed to November 13, 2008. Two cases against those accused were filed.

ADDITIONAL COMMENTS

This is another incident with a high possibility that the police may discontinue the investigation in favor of the suspects. One of the suspects is known to have bribed the police. In contrast, the victim is from a very poor family with no money, no power, or prestige to press the police to get justice for themselves.

The Constitution of Sri Lanka enshrines in Chapter 3 a series of fundamental rights which include that all persons are equal before the law and are entitled to equal protection of the law. As such, the inquiry into the rape complaint has to be investigated by the Sigiriya police as a fundamental right to which Miss X is entitled.

Both suspects must be given a fair trial and if proved guilty brought to justice. This is not only to ensure justice for Miss X but to prevent other young children from the same fate befalling them. Research has shown that rapists often continue committing crimes of violation and domination, destroying many young lives in the process. In any event, they are to be punished with rehabilitation back into society if feasible.

Furthermore, if rape is proved, it is noted that the Sri Lankan Penal Code amended in 1995, Section 363 criminalizes rape, and Section 364 specifies the terms of imprisonment and an order of compensation against convicted rapists.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to look into this investigation and to ensure that the suspects are effectively prosecuted.

Please be informed that the AHRC has written a separate letter to the UN Special Rapporteur on Violence against women calling for an intervention in this case.

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