UPDATE (Sri Lanka): Intimidation of a rape victim to withdraw the complaint against her perpetrators 

[RE: UP-82-2004: The rape case pending for over three years in magistrate court, UP-16-2004: Trial drags on for rape victim as she awaits justice, UA-33-2001: 16 year-old girl raped but no proper investigation and punishment]
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UP-037-2006: SRI LANKA: Intimidation of a rape victim to withdraw the complaint against her perpetrators

SRI LANKA: Intimidation; witness protection; court delay
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of a young woman, who was raped by two men in Talawakelle in 2001 (See further: UA-33-2001, UP-16-2004, and UP-82-2004). According to the latest information we have received, the two perpetrators, Rameez and Piyal Nalaka, are trying to intimidate the victim, Rita (who was referred to in our initial appeal as Sita) and her grandfather to pressure them to withdraw her complaint against them and settle the case outside of court. Furthermore, we have been informed that the perpetrators have located the area in which Rita now lives. Rita had gone into hiding to escape from the constant intimidation and humiliation from the perpetrators. Rita is now afraid that the perpetrators will come to her home and threaten her. Of further concern is the prolonged delay of court proceeding in Rita’s case. The High Court schedule has not been fixed as yet despite the Magistrates Court having given its verdict for the case to proceed in the High Court.

Piyal and Rameez, who raped Rita on 12 August 2001, are now trying to settle the case outside of the court. On 9 February 2006, the two men went to Rita’s house in Talawakelle in Sri Lanka and asked Rita’s grandfather to settle the case outside of the court saying that they would give some money to him. The perpetrators also asked him where Rita is living now and managed to obtain information about the shop through which Rita used to send messages to her grandfather. The two men then reportedly visited the shop and learned of the area where she now lives. Rita suspects that they are also aware of her workplace. Rita is now living in fear that the perpetrators might come, threaten and intimidate her. She previously had to leave her hometown and was forced into hiding due to the constant intimidation and humiliation subjected at her by the perpetrators.

Five years have now passed since the incident, yet the High Court schedule has not been fixed. The Magistrates Court also finished only after the case had been pending before it for more than three years. The perpetrators of the rape are affluent persons and have used their position and wealth to manipulate the delay. When the incident occurred Rita was less than 16-years-old but at the Magistrates Court, the prosecutor made a mistake that stated she was over 16. If Rita was less than 16-years-old at the time, as indeed she was, the sentence could have been more severe as the case would be dealing with a child.

Rita’s case is unfortunately not an isolated case where victims, who pursue their cases against their perpetrators, are threatened and intimidated. The AHRC has reported several cases related to witness protection in Sri Lanka. For example, in 2005 one woman, a passenger in transit to Kuwait was raped at the Bandaranayake International Airport by five perpetrators, including airport security guards. As a result of  the victim and her family receiving constant death threats by the perpetrators, the victim has informed the police to withdraw her case filed against the perpetrators (see further:UA-183-2005, UP-127-2005, and UP-149-2005).

SUGGESTED ACTION:

Please write a letter to the relevant officials below urging them to provide protection to Rita and her family. Action must be taken against the perpetrators for their intimidation of the victim and her family and they must be prevented from undertaking such conduct in the future. An investigation should also be conducted into the court delay in this case and into the alleged irregularities such as the mistake regarding the victim’s age.

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