UPDATE (Sri Lanka): Rape victim at the Bandaranaike International Airport receives death threats and urgent protection is required 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-149-2005
ISSUES: Arbitrary arrest & detention,

[RE: UA-183-2005: SRI LANKA: Rape of a female passenger by the airport officers inside of the Bandaranayake International Airport; UP-127-2005: Main suspect identified in alleged rape incident at Bandaranayake International Airport]

Dear friends,

The Asian Human Rights Commission is deeply concerned by alleged death threats made against a female passenger who was allegedly raped by airport officers at the Bandaranaike International Airport in Sri Lanka on 10 October 2005 (See further: UA-183-2005). The main suspects of the incident were later identified by the victim at an identification parade before Negombo Acting Magistrate, Indra Peiris. They are airport security officer and main suspect, Mervyn Nissanka Anthony of Mulleriyawa North along with W. Indika Dewapriya Fernando of Amuna Road, Bandarawatte, Seeduwa, Shamindra Tharanga Kumara, of Pahala Ellawala, J.M. Ramesha Dimuthukumara of Elenegoda, Pamunugama, and U.D. Sunil Shantha of Devatagolla, Minuwangoda (See further: UP-127-2005).

According to the latest information we have received, the victim received anonymous telephone calls threatening to kill her, only days after the identification parade in court took place.  The victim also reported that suspicious persons were loitering close to her residence in Wellawa. She made a compliant about the incidents to the Wellawa police.

The AHRC was also informed that on October 28 when the identification parade took place, three unknown persons behaved threateningly before the victim. She informed this matter to a female police officer who took her into court and then to a safer place within the court’s premises, instead of recording her statement or informing the court of this threat.

In addition, on the same day (October 28), a person who is suspected to be a friend of the main perpetrator took a photograph of the victim with a camera phone. Furthermore, a female relative of the main suspect screamed in the court premises threatening to kill the victim for taking action against the alleged perpetrator. Moreover, the perpetrator signaled a shooting action with his hand to the husband of the victim through a window of the prison bus.

Fearing for her security, the victim informed the police that she would withdraw the case filed against the suspect, now held in remand. Police at the Bandaranaike International Airport (BIA) Police have complained about this matter to the Chief Magistrate Negombo Kanthi Wanigasekera, who then refused to grant bail to the suspect and ordered him to be remanded until November 21. However, no witness protection has been provided to the victim and she still fears for her life and suffers from acute mental stress and humiliation. It is also reported that she has undergone severe financial loss as she has had to borrow money on interest to pay her employment agency and other expenses.

The AHRC is gravely concerned for the security of the victim and strongly urges the Sri Lankan authorities to provide immediate and effective protection to her and her family. All incidents involving the victim should be investigated thoroughly and those responsible for the threats must be arrested and brought before courts.

SUGGESTED ACTION:

Please send a letter to the persons listed below and express your serious concern about this matter. Please urge them to provide urgent protection to the victim and her family.

 

 

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

SAMPLE LETTER

Dear ____________,

Re: 

SRI LANKA: A rape victim at the Bandaranaike International Airport receives death threats 
 
Name of the victim: Ms. X (Name withheld), aged 23, mother of a one-year-old boy 
Alleged perpetrators: 
1) Mervyn Nissanka Anthony of Mulleriyawa North, the security officer at the airport and main suspect 
2) W. Indika Dewapriya Fernando of Amuna Road, Bandarawatte, Seeduwa
3) Shamindra Tharanga Kumara, of Pahala Ellawala 
4) J.M. Ramesha Dimuthukumara of Elenegoda, Pamunugama 
5) U.D. Sunil Shantha of Devatagolla, Minuwangoda
Date of rape incident:  10 October 2005
Place of rape incident: Inside of the Bandarnayake International Airport in Katunayake, Sri Lanka
Current status of the case: The victim has receieved several death threats and has tried to withdraw her complaints against the perpetrators as no protection has been provided to her and her family.  

I am writing to bring to your attention the alleged death threats recently made to a woman who was allegedly raped by airport officers at the Bandaranaike International Airport in Sri Lanka on 10 October 2005.

According to the information I have received, the victim received anonymous death threatening telephone calls only days after an identification parade was held in court on October 28 regarding her case.  She also reported that suspicious persons were loitering close to her residence in Wellawa.

I have also been informed that during the identification parade, three unknown persons behaved threateningly before the victim and a person that is suspected to be a friend of the main perpetrator took a photograph of the victim with a camera phone. Furthermore, a female relative of the main suspect screamed in the court premises threatening to kill the victim for taking action, while the main perpetrator signaled a shooting action with his hand to the husband of the victim. Despite this, no witness protection has been provided to the victim or her family to date.

Fearing for her security, the victim tried to withdraw the case filed against the suspect, now held in remand. She is also suffering from acute mental stress and humiliation.

I am gravely concerned by the security of the victim and strongly urge the Sri Lankan authorities to provide immediate and effective protection to the victim and her family. All incidents involving the victim should be investigated thoroughly and those responsible for the threats made against her must be arrested and brought before a court of law.

I further urge you to put your effort into establishing an effective witness protection programme regarding all witnesses in criminal trials, where particular government officials are involved.

I look forward to your urgent intervention in this matter.

Yours sincerely, 
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SEND A LETTER TO:

1. Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

3. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421

4. Dr. Radhika Coomaraswamy
Chairperson 
Human Rights Commission of Sri Lanka 
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 

5. The National Police Commission
c/o Mr. Mahinda Rajapakse
President of Sri Lanka
Cambridge Place
Colombo 7
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Lucinda Ohanlon
Room 3-042
OHCHR-UNOG, Palais Wilson, 
8-14 Avenue de la Paix, 
1211 Geneva 10
SWITZERLAND 
Tel: +41 22 917 9615
Fax: +41 22 917 9006 
Email: lohanlon@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type : Urgent Appeal Update
Document ID : UP-149-2005
Countries : Sri Lanka,
Issues : Arbitrary arrest & detention,