SRI LANKA: Sexual abuse of a boy goes unpunished 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information of the sexual abuse of a seven-year-old boy in Sri Lanka. For the protection of the victim and his mother, we cannot reveal his name or that of the perpetrators. We can reveal, however, that the incident happened in the vicinity of Seeduwa.

According to the information we have received, on 6 January 2005 the boy was taken from a house by the perpetrator while the boy’s mother was at work. The boy was then sexually assaulted by the perpetrator who caused injuries to the boy’s genitals.  When his mother returned to the house and learnt what had happened, she made a complaint to the Seeduwa Police Station. Though the police were quick to react in this case, it was soon discovered that the perpetrator’s brother was an influential person within the district, at which point the entire investigation took a turn. The mother was offered money to withdraw the complaint and keep quiet regarding her son’s assault and was effectively removed from her home and transferred to another district. Only with the intervention of human rights groups and local child protection organisations, did this story come to light.

We write to you urgently seeking your intervention in this matter. The AHRC calls for you to send a letter to the relevant authorities and demand they conduct an immediate and thorough investigation into this matter. Please also urge them to provide appropriate protection to the victim and his mother, and to take action against those responsible for his assault.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: D.L. (only put initial of the boy’s name for his security reason), 7 years old
Alleged perpetrator: a 35-year-old man residing at 982 Minuwangoda Road, Kotugoda
Date of incident: 6 January 2005
Place of incident: younger brother’s house of the perpetrator
Police Station involved: Seeduwa Police Station

Account of the incident:

On 6 January 2005, the mother took her 7-year-old son, D.L. to a friend’s house (who was the younger brother of the perpetrator) so he could be protected while she went to work. After she left the house, however, the perpetrator, a 35-year-old man, took the victim behind the house near a river and sexually assaulted the boy causing injuries to his genitals.

When the mother returned to the house, she noticed blood stains on her son’s trousers and then learned what had taken place. She immediately reported the assault to the Seeduwa Police Station and took the trousers as evidence. The police acted promptly, making investigations and arresting the perpetrator.

The perpetrator, however, was soon released on bail as it was discovered that his younger brother was a influential person (a local organiser of the United National Party) in the area. The perpetrator and his brother then allegedly forced the mother to accept Rs. 3,000/ as settlement before coercing her to vacate her place of residence and move to another place in Gothamiwatte. The mother and her son now live alone without relatives in that place that is not known to them. Thus, the perpetrator did not only sexually abuse the boy and violate his rights, but he forced the boy and his mother to flee their home and lives and to live a life of insecurity.

A local human rights group became aware of the matter and sent letters to the National Child Protection Authority (NCPA) and the Children and Women’s Bureau at the Police Headquarters, making both aware of the assault. In response the Law Enforcement Officer at the NCPA, Mr Sivasampoe Thavalinkam, sent a letter to the Senior Superintendent of Police, Mr K.A.J. Keenawinna, of the Negombo Division on 27 January 2005. In the letter, Mr Thavalinkam emphasised that the sexual assault of the boy was not a matter for the Seeduwa Police to resolve. Indeed, he stated, it was not a matter for even a Magistrate to resolve.  A crime of such magnitude requires an indictment to be filed with the High Court by the Honorable Attorney General. Seeduwa Police, he concluded, had therefore acted contrary to Police Department orders. The boy is from a very poor family and his mother is the only breadwinner of the family who lives by selling lottery tickets.

The AHRC is deeply concerned by this alleged sexual assault of this young boy. That the perpetrator’s brother is a highly influential individual is of no relevance or importance when a crime has been committed. The Seeduwa Police were wrong to dismiss this case as it is not within their authority to take such action. The AHRC is also concerned by the lack of response from any governmental authority regarding this matter. Governmental authorities exist to serve the public and thus must order an immediate and thorough investigation into this case. The perpetrator must be brought to justice for his crime. Others, who were also involved in allowing the perpetrator to walk free, must also face justice. Further, full and appropriate protection must be provided the victim and his mother.

SUGGESTED ACTION:
Please send a letter to those authorities listed below and demand them to take proper and immediate action to correct this matter.

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