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SRI LANKA: A young woman is sexually assaulted; police refuse to take action against the perpetrator

July 6, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-125-2012

6 July 2012
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SRI LANKA: A young woman is sexually assaulted; police refuse to take action against the perpetrator

ISSUES: Sexual violence; 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 a 16-year old girl was sexually assaulted but because police officers have a connection to the perpetrator, they are refusing to investigate the case and secure protection for the victim and her family. On 12 April 2012, Mr. Gunatunga cut down and stole a tree from the garden of Mr. Gamini Jayaratne and Mrs. WD Sumithra. Shortly after Mrs. Sumithra filed a complaint at Kothmale Police Station regarding the theft, Gunatunga sexually assaulted Mali, (Mr. Jayaratne and Mrs. Sumithra's 16-year old daughter) as she was walking to a neighbours' house. She was later admitted to Kothmale Government Hospital for treatment of her injuries. Mali's mother filed a complaint at the Kothmale Police Station, and has visited the station numerous times, but an investigation has yet to be initiated. When Mali and her mother visited the station after Mali had been released from hospital, they were arbitrarily arrested. According to information we have received, the police's reluctance to investigate the case is due to a personal connection between the alleged perpetrator and police officers. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to information that the Asian Human Rights Commission (AHRC) has received, a young woman was sexually assaulted by a man who stole a tree from her parents' garden. The police officers of Kothmale Police Station are refusing to prosecute the man because the police officers have a social connection to him.

Mr. Gamini Jayaratne and Mrs. WD Sumithra of Dehigaskotuwa, Panangammana, Katukithula, Kothmale in Nuwara-Eliya District are married and have three children. Their oldest daughter, Mali, (name changed for security purposes) is 16 years old, and is attending a highly reputed school where she is preparing for her O-level examinations this year.

On 12 April 2012, New Year's Day for the Sinhala and Tamil communities, a person named Gunatunga cut down and stole a mahogany tree from Mali's parents' garden. Mali's mother, Mrs. Sumithra, filed a complaint at Kothmale Police Station regarding the incident. However, an investigation was not initiated into the theft.

On 14 April at around 10am when Mali was going to a neighbours' house, Gunatunga grabbed Mali and dragged her to a nearby hut where he sexually assaulted her. Mali shouted for help. Then, Gunatunga's wife, son and mother arrived and beat Mali as well. Although she was severely injured, Mali managed to escape and run to the main road.

When Mali's mother learnt what had happened, she reported the incident to the Kothmale Police Station and requested the officer with whom she spoke to protect her daughter and take legal action against the Gunatunga, his wife, son and mother. The officer, who introduced herself as Woman Police Constable (WPC) 7467, asked Mali's mother to return to the station with her daughter. Mali's mother did so, and the police officers filed a complaint under reference number WPC 9166, and suggested that Mali's mother take her daughter to the nearest hospital for treatment of her injuries. Mali was admitted to Kothmale Government Hospital where she remained until 17 April.

Mali's parents waited for the police to credibly investigate the case, but on 16 April, when three days had passed without the police taking action on the complaint, Mali's mother called 119 and explained the situation.

Shortly after Mali's mother had made the telephone complaint, police officers from Kothmale Police Station arrived at Mali's parents' house and brought Mali's mother and later, Gunatunga, to Kothmale Police Station. Mali's mother waited to speak to an officer about her daughter's assault, but after sitting at the police station from 8am to 2:30pm, she eventually left. On 17 April, she visited the police station again to follow up on the case, and was told to come back on 23 April. She returned on 23 April with Mali who had been discharged from hospital, and requested the officers to investigate the case and bring the perpetrators of the crime to justice. In response, the police officers arrested Mali and her mother. According to information we have received, the police also arrested Gunaratna and his son. When Mali's parents' neighbour learnt about the arrest, he visited the station and posted bail. Mali's mother later learnt that the police officers were reluctant to take action against Gunatunga due to matters of personal interest; some of the police officers have a social connection to him.

The police officers encouraged Mali and Mali's mother to settle their dispute with Gunatunga, preferably through the Mediation Board. But Mali's mother refused to settle, and insisted that the police take action to bring the perpetrators of the crime against her daughter to justice. Mali and Mali's mother were called to meet with the Mediation Board on four separate occasions, but Mali's mother is intent on procuring justice in a court of law. She fears further violence and discrimination against herself and her family. Indeed, her daughter was dismissed from school by the principal who said that victims of sexual abuse should not attend school. Mali was re-enrolled after her mother repeatedly petitioned the school to allow her daughter to complete her studies

Mali and her mother believe that justice has been denied to them by the Kothmale Police as well as by the principal of her school. They call for a prompt, efficient legal investigation into the assault, and for the perpetrators to be brought to justice. The delays and inefficiency with which this case has been handled delays and denies justice to Mali and her family. Mali's rights enshrined within the Constitution of Sri Lanka have been violated, and it is imperative that state officials efficiently and transparently carry out the investigation of this crime.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission (AHRC) has reported innumerable cases which demonstrate the breakdown of the legal code in state law enforcement agencies' actions (or lack thereof) when investigating crimes and bringing suspects before the law to pass through the appropriate legal channels of criminal proceedings.

The victims of crimes often face harassment by the perpetrators. On some occasions, witnesses and victims of crimes have been killed by the perpetrators before they are able to testify or continue an investigation.

The AHRC has repeatedly urged the Sri Lankan government to adopt a witness protection law and implement a witness protection program to protect victims and witnesses of crimes. The Sri Lankan government 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 seek justice, abusive police officers and lethargic state authorities, mean that the law is under-used and continues to be employed by the police as a tool to harass people. This not only takes a toll on the victim and their family, but on society as a whole, undermining civilian respect for the law and encouraging a culture of impunity.

Furthermore, the state of Sri Lanka has signed and ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). State agencies, however, have failed to implement protective laws towards 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 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 ________,

SRI LANKA: A young woman is sexually assaulted; police refuse to take action against the perpetrator

Name of the Victims:
1. Ms. Mali (Name Changed for social dignity and security reasons)
2. Mr Gamini Jayaratne, father of Mali 
3. W D Sumithra, mother of Mali
 
All are resident of Panangammana, Katukithula, Kothmale in Nuwara-Eliya District

Alleged perpetrators:
1. Gunatunga, Dehigaskotuwa, Panangammana, Katukithula, Kothmale in Nuwara-Eliya District and his wife, son and the mother
2. Police officers attached to the Kothmale Police Station

Date of incident: 14 April 2012
Place of incident: Kothmale Police Division

I am writing to raise my serious concerns on the case I have received, a young woman who was sexually assaulted by a man who stole a tree from her parents' garden. The police officers of Kothmale Police Station are refusing to prosecute the man because the police officers have a social connection to him.

Mr. Gamini Jayaratne and Mrs. WD Sumithra of Dehigaskotuwa, Panangammana, Katukithula, Kothmale in Nuwara-Eliya District are married and have three children. Their oldest daughter, Mali, (name changed for security purposes) is 16 years old, and is attending a highly reputed school where she is preparing for her O-level examinations this year.

On 12 April 2012, New Year's Day for the Sinhala and Tamil communities, a person named Gunatunga cut down and stole a mahogany tree from Mali's parents' garden. Mali's mother, Mrs. Sumithra, filed a complaint at Kothmale Police Station regarding the incident. However, an investigation was not initiated into the theft.

On 14 April at around 10am when Mali was going to a neighbours' house, Gunatunga grabbed Mali and dragged her to a nearby hut where he sexually assaulted her. Mali shouted for help. Then, Gunatunga's wife, son and mother arrived and beat Mali as well. Although she was severely injured, Mali managed to escape and run to the main road.

When Mali's mother learnt what had happened, she reported the incident to the Kothmale Police Station and requested the officer with whom she spoke to protect her daughter and take legal action against the Gunatunga, his wife, son and mother. The officer, who introduced herself as Woman Police Constable (WPC) 7467, asked Mali's mother to return to the station with her daughter. Mali's mother did so, and the police officers filed a complaint under reference number WPC 9166, and suggested that Mali's mother take her daughter to the nearest hospital for treatment of her injuries. Mali was admitted to Kothmale Government Hospital where she remained until 17 April.

Mali's parents waited for the police to credibly investigate the case, but on 16 April, when three days had passed without the police taking action on the complaint, Mali's mother called 119 and explained the situation.

Shortly after Mali's mother had made the telephone complaint, police officers from Kothmale Police Station arrived at Mali's parents' house and brought Mali's mother and later, Gunatunga, to Kothmale Police Station. Mali's mother waited to speak to an officer about her daughter's assault, but after sitting at the police station from 8am to 2:30pm, she eventually left. On 17 April, she visited the police station again to follow up on the case, and was told to come back on 23 April. She returned on 23 April with Mali who had been discharged from hospital, and requested the officers to investigate the case and bring the perpetrators of the crime to justice. In response, the police officers arrested Mali and her mother. According to information we have received, the police also arrested Gunaratna and his son. When Mali's parents' neighbour learnt about the arrest, he visited the station and posted bail. Mali's mother later learnt that the police officers were reluctant to take action against Gunatunga due to matters of personal interest; some of the police officers have a social connection to him.

The police officers encouraged Mali and Mali's mother to settle their dispute with Gunatunga, preferably through the Mediation Board. But Mali's mother refused to settle, and insisted that the police take action to bring the perpetrators of the crime against her daughter to justice. Mali and Mali's mother were called to meet with the Mediation Board on four separate occasions, but Mali's mother is intent on procuring justice in a court of law. She fears further violence and discrimination against herself and her family. Indeed, her daughter was dismissed from school by the principal who said that victims of sexual abuse should not attend school. Mali was re-enrolled after her mother repeatedly petitioned the school to allow her daughter to complete her studies

Mali and her mother believe that justice has been denied to them by the Kothmale Police as well as by the principal of her school. They call for a prompt, efficient legal investigation into the assault, and for the perpetrators to be brought to justice. The delays and inefficiency with which this case has been handled delays and denies justice to Mali and her family. Mali's rights enshrined within the Constitution of Sri Lanka have been violated, and it is imperative that state officials efficiently and transparently carry out the investigation of this crime.

I further request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of failure in investigation of a case and the threatening the life of the witness. Further the prosecution of those proven to be responsible under the criminal law for not implementing the criminal law of the country instead of protecting the criminal and encouraging the existing situation of impunity. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

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-125-2012
Countries :
Issues :
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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.