Dear friends,
The Asian Human Rights Commission (AHRC) is gravely concerned by the exorbitant delay in the rape case of 16-year-old victim Rita, by the Attorney General’s Department. According to the information received, Rita’s case (No 32151) was returned by the registrar of Nuwara-Eliya Magistrates Courts on the request of the Attorney General’s Department on 22 October 2004 when it was being prepared to be sent to the Badulla High Court, while other cases from the same magistrate courts have already been referred to the High Courts. Even though regarding this case, there has been considerable pressure to the government of Sri Lanka by international human rights groups, there are suspicious that someone is trying to misplace the file or delay. The case has been pending for over three years in the Magistrate court.
The victim Rita, a student at Tamil Maha Vidyalaya Talawakelle, was forcefully abducted and unmercifully and inhumanly raped by two young men inside a vehicle and dropped off near the Hindu Kovil in Talawakelle on 12 August 2001. After obtaining a medical check-up, she filed a case. The court hearing of the case was held from August 2002 and it was committed to the high court in November 2002. However, the case was not called at the high court and no further progress has since been made. The attorney-general’s department was contacted on 26 July 2003 regarding the case, to which they responded on 19 January 2004, saying that they will take action. Needless to say, nothing has yet been done. (See further: UP-16-2004, UA-33-2001)
We call for your urgent intervention into this matter. Please send a letter to the Attorney General and urge him to immediately refer the case to the High Court without further delay so that the victim can get justice.
SUGGESTED ACTION:
Please send a letter to the Attorney General urging him to provide fair trial to the victim and to take immediate action to investigate this matter and to bring the perpetrators to justice.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear Mr. K. C. Kamalasabesan,
Re: SRI LANKA: The rape case pending for over three years in magistrate court
I am deeply disturbed to learn that the case of rape victim Rita (Case No 32151) has been pending for over three years in the magistrate court, while other cases from the same magistrate’s court have already been referred to the High Courts.
From a poor estate workers’ family, Rita was raped on 12 August 2001. There were attempts to sabotage the case at the police station, however, with great difficulty, an investigation was completed and the case was referred to the Nuwara Eliya Magistrate Court for a non-summary inquiry. Thereafter, the case was sent to the Attorney General’s (AG) Department, where it remains, while other cases from the same magistrate’s court have already been referred to the High Courts.
According to the information I have received, the alleged perpetrators of the rape are affluent persons and are using their position and wealth to manipulate the delays, with the result that an incident that happened in August 2001 still has not been addressed at the High Court. There is also an allegation that someone is trying to misplace the file or delay it on purpose.
The case is being delayed with the intention that the victim will give up her claim and the criminals can escape justice. I therefore urge you to expedite this case and immediately investigate all these attempts to delay this case on purpose and bring the perpetrators to justice. It is only when justice is served to the victim and the guilty are punished will the rule of law and human rights be able to flourish in the country.
Yours sincerely,
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SEND A LETTER TO:
Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net or counsel@sri.lanka.net
Thank you.
Urgent Appeals Program
Asian Human Rights Commission (AHRC)
