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SRI LANKA: Victims of rape continuously denied justice now live in fear

June 13, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-100-2012



13 June 2012
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SRI LANKA: Victims of rape continuously denied justice now live in fear

ISSUES: Rape; violence against women; fair trail; witness protection; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Ms. Sumanthika (31) and Prasanthi (19) of Ukuwela, Matale are sisters and lived with their parents at Matale (their names have been changed for security reasons). The two girls studied at a prestigious national school in Matale. Sumanthika was kidnapped and raped by her employer, the owner of Nataya Travel Air and Nataya Manpower company, Mangala Atampola. Sumanthika subsequently found that he had also raped her sister Prasanthi and forced her to have an abortion. The two victims have filed cases against Atampola and they are currently ongoing. However, their lives are at risk as he has considerable influence over the local law enforcement agencies.


CASE NARRATIVE:

Ms. Sumanthika (31) and Prasanthi (19) of Ukuwela, Matale are sisters and live with their parents at Matale (their names have been changed for security reasons). Their father was employed at the Lanka Porcelain as the supply manager at Matale. The two girls studied at a prestigious national school in Matale.

After her university entrance exam, Sumanthika, the eldest of the two sisters, followed a ticketing course in Kandy and then worked at Ceylinco travels in Colombo and Kurunegala for three years from 2000-2004.In 2005 January she joined the Nataya Travel Air and Nataya Manpower company belonging to Mangala Atampola. Sumanthika worked as a ticketing officer and then as the manager of the Nataya Travel air company. During the time of her service Sumanthika noticed that several people came to the office and complained against Mr Atampola for fraudulent transactions and she was further made to understand that there were court cases against him. For these reasons Sumanthika decided to leave the company given him notice in writing. However Mr Atampoa wanted her to continue until he recruited someone else. He withheld her identification documents in the attempt to keep her.

On the 10th February 2005 Mr. Atampola had taken Sumanthika along with a few other staff members to Kurunegala for a sales promotion. When they returned, it was already late and Mr Atampola dropped everyone else before finally coming to Sumanthika's house in Matale. Her father was angry at her for being late and locked the gate so Mr Atampola had taken her to his house to provide accommodation that night. But rather than provide her with shelter he raped Sumanthika.

Since then Mr Atampola has forcefully kept Sumanthika at his house, promising her to marry her some day. When Sumanthika became pregnant for the first time, Mr Atampola has forced her to abort the fetus. When she became pregnant for the second time, she was assaulted and the expected baby of seven months was still born. Sumanthika made several attempts to escape from Mr. Attampola but was unsuccessful.

In 2008 when the Nataya company was closed Sumanthika had to find employment to earn money for Mr Atampola and she worked at a ticketing office in Negambo. As Mr Atampola could not find employment Sumanthika had to support him. When Mr Atampola met with a serious accident in 2010 Sumanthika, even though not the legal wife, had to look after him for eight months as was bedridden.

Prasanthi, the sister of Sumanthika used to visit Mr Attampola's house from time to time and stay with Sumanthika. On the 3 August 2011 Mr. Atampola was sentenced to one year of imprisonment by the Matale Magistrate's Court as he had 42 cases against him for financial fraud. Sumanthika, however, appealed in the high court in Kandy and Mr Attampola was granted bail on the 14th November 2011.

Prasanthi is now preparing to sit for the GCE O/L exam in August. On the 24th May 2012, Sumanthika was summoned by her school principal that Prasanthi had an abortion and that Mr Atampola had raped her in his house during 2008 when Prasanthi was just 15 years of age. Further, by that time the principal had informed the police. It seems the Prasanthi was threatened by Mr Atampola and in fear Prasanthi had not revealed this anyone. However since Prasanthi refused come to him, Mr Atampola has sent some nude photos of Prasanthi to the school. When she was questioned by the principal Pashile has revealed what happened to her in 2008. Further Mr. Attampola has attempted to abduct Prasanthi on several occasions.

The police officers of Matale police station has arrested Mr Attampola on the 28 May 2012 and produced in court and remanded at Raja Veediya Remand Prison. However, Sumanthika and Prasanthi fear that Mr Atampola, who has threatened them to kill them, would soon be released and would attempt to harm them. Sumanthika learned later that Mr Atampola had raped many girls and cheated many people but always manage to escape justice as he is influential politically and always pays bribes to the police.

The case regarding Prasanthi's rape, number B/863/12, was called in the Magistrate Court of Matale on the 5 May 2012. When the case was called the lawyer who appeared for the Sumanthika and Prasanthi objected to bail and requested that the defendant be re- remanded. According the Magistrate remanded the suspect until the next calling date and asked the victim to be present on that day.

While Sumanthika and Prasanthi were in the court premises several friends of Mr. Attampola approached them and threatened them kill if they proceed with the case. Presently both of them have left home and have found shelter with an institution providing humanitarian assistance.

Both the victims are severe threats to their lives. They feel that, like in other cases, they would not get justice due to the perpetrator's influence over the different officials at law enforcement agencies.

They appeal for the protection for the lives as victims and seek justice and compensation.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission (AHRC) has reported innumerable cases where state law enforcement agencies have shown the breakdown of law in investigating crimes and bringing the suspected persons before the law so that they may be punished after successful criminal proceedings. The victims of crimes face enormous harassment, and on some occasions the witness and the victims have been killed by the perpetrators. The AHRC has continuously urged the state of Sri Lanka for the necessity of adopting a witness protection law and implementing a successful witness protection mechanism to verify the smooth running of rule of law system. The state of Sri Lanka is bound to implement the legal provisions of the International Covenant on Civil and Political Rights (ICCPR) as it has signed and ratified the convention. Nevertheless the lack of protection offered to those who are willing to take cases against criminals, abusive police officers and the state authorities, means that the law is under-used and this continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining civilian respect for the law and encouraging impunity.

Further state of Sri Lanka has sign and ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). However the state agencies have failed to implement the protective laws towards the women effectively.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the case of rape and the witness protection. The criminals as well as the police officers who are having lethargic approach to investigate the crimes must also try before the court of law for breaching the laws of the country and also should be subjected to internal investigations for the breach of the department orders as issued by the police department.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on violence against women on this regard.

To support this appeal please click here: 

SAMPLE LETTER:

Dear ________,

Re: SRI LANKA: Victims of rape continuously denied justice now live in fear

Names of Victims: Sumanthika (31) and Prasanthi (19) (Actual identities concealed for security reasons)
Alleged perpetrator: The owner of Nataya Travel Air and Nataya Manpower company, Mr. Atampola
Date of incident: 05 May 2012
Place of incident: Matale Headquarters Police Division

I am writing to raise my serious concerns on the case of Ms. Sumanthika (31) and Prasanthi (19) of Ukuwela, Matale. They are sisters and live with their parents at Matale (their names have been changed for security reasons). Their father was employed at the Lanka Porcelain as the supply manager at Matale. The two girls studied at a prestigious national school in Matale.

After her university entrance exam, Sumanthika, the eldest of the two sisters, followed a ticketing course in Kandy and then worked at Ceylinco travels in Colombo and Kurunegala for three years from 2000-2004.In 2005 January she joined the Nataya Travel Air and Nataya Manpower company belonging to Mangala Atampola. Sumanthika worked as a ticketing officer and then as the manager of the Nataya Travel air company. During the time of her service Sumanthika noticed that several people came to the office and complained against Mr Atampola for fraudulent transactions and she was further made to understand that there were court cases against him. For these reasons Sumanthika decided to leave the company given him notice in writing. However Mr Atampoa wanted her to continue until he recruited someone else. He withheld her identification documents in the attempt to keep her.

On the 10 February 2005 Mr. Atampola had taken Sumanthika along with a few other staff members to Kurunegala for a sales promotion. When they returned, it was already late and Mr Atampola dropped everyone else before finally coming to Sumanthika's house in Matale. Her father was angry at her for being late and locked the gate so Mr Atampola had taken her to his house to provide accommodation that night. But rather than provide her with shelter he raped Sumanthika.

Since then Mr Atampola has forcefully kept Sumanthika at his house, promising her to marry her some day. When Sumanthika became pregnant for the first time, Mr Atampola has forced her to abort the fetus. When she became pregnant for the second time, she was assaulted and the expected baby of seven months was still born. Sumanthika made several attempts to escape from Mr. Attampola but was unsuccessful.

In 2008 when the Nataya company was closed Sumanthika had to find employment to earn money for Mr Atampola and she worked at a ticketing office in Negambo. As Mr Atampola could not find employment Sumanthika had to support him. When Mr Atampola met with a serious accident in 2010 Sumanthika, even though not the legal wife, had to look after him for eight months as was bedridden.

Prasanthi, the sister of Sumanthika used to visit Mr Attampola's house from time to time and stay with Sumanthika. On the 3 August 2011 Mr. Atampola was sentenced to one year of imprisonment by the Matale Magistrate's Court as he had 42 cases against him for financial fraud. Sumanthika, however, appealed in the high court in Kandy and Mr Attampola was granted bail on the 14 November 2011.

Prasanthi is now preparing to sit for the GCE O/L exam in August. On the 24 May 2012, Sumanthika was summoned by her school principal that Prasanthi had an abortion and that Mr Atampola had raped her in his house during 2008 when Prasanthi was just 15 years of age. Further, by that time the principal had informed the police. It seems the Prasanthi was threatened by Mr Atampola and in fear Prasanthi had not revealed this anyone. However since Prasanthi refused come to him, Mr Atampola has sent some nude photos of Prasanthi to the school. When she was questioned by the principal Pashile has revealed what happened to her in 2008. Further Mr. Attampola has attempted to abduct Prasanthi on several occasions.

The police officers of Matale police station has arrested Mr Attampola on the 28 May 2012 and produced in court and remanded at Raja Veediya Remand Prison. However, Sumanthika and Prasanthi fear that Mr Atampola, who has threatened them to kill them, would soon be released and would attempt to harm them. Sumanthika learned later that Mr Atampola had raped many girls and cheated many people but always manage to escape justice as he is influential politically and always pays bribes to the police.

The case regarding Prasanthi's rape, number B/863/12, was called in the Magistrate Court of Matale on the 5 May 2012. When the case was called the lawyer who appeared for the Sumanthika and Prasanthi objected to bail and requested that the defendant be re- remanded. According the Magistrate remanded the suspect until the next calling date and asked the victim to be present on that day.

While Sumanthika and Prasanthi were in the court premises several friends of Mr. Attampola approached them and threatened them kill if they proceed with the case. Presently both of them have left home and have found shelter with an institution providing humanitarian assistance.

Both the victims are severe threats to their lives. They feel that, like in other cases, they would not get justice due to the perpetrator's influence over the different officials at law enforcement agencies.

They appeal for the protection for the lives as victims and seek justice and compensation and I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of failure in investigation of case of rape and the threatening the life of the witness.


Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. E K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Ms. Eva Wanasundara
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-100-2012
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.