SRI LANKA/JORDAN: Sri Lankan migrant woman imprisoned in Jordan due to inadequate legal assistance

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Ms. Kande Shriyani (33) of Sri Darmadara Mawatha, Godaudawatha, Hegoda, Rathgama in the district of Galle migrated to Jordan on 6 September 2006. She went to work as a machine operator at the Ivory Garment Factory, Sahab, Jordan. After facing enormous difficulties she left the factory and sought a place to stay. Finally, an illegal immigrant who initially offered assistance tried to force her to work in a brothel which she vehemently refused. Later when an attempt was made on her life she fought her attacker who was killed in the dispute. Sriyani was arrested and prosecuted and sentenced to 15 years imprisonment. Sriyani states that she was convicted due to the lack of proper translation assistance and proper communication between her and the lawyer to prove her innocence and submit her evidence to establish her claim of self defence. She appealed to the government of Sri Lanka and other international agencies to help her to get redress and justice. 

CASE NARRATIVE: 

According to the information received by the Asian Human Rights Commission (AHRC) Ms. Kande Shriyani (33) of Sri Darmadara Mawatha, Godaudawatha, Hegoda,Rathgama in the district of Galle, migrated to Jordan on 6 September 2006 from Sri Lanka. 

She was born in June 1978 and holds passport No: M 1038584. She went to Jordan to work as a machine operator in the Ivory Garment Factory, Sahab, Jordan. 

Sriyani went to Jordan in 2006 with the hope of gaining economic stability for her and her family. However, after some time at the garment factory she found her life miserable and decided to run away and find other employment. 

However, all her documents relating to her travel, identity and occupation were held by the factory management. When Sriyani was wondering in desperation looking for a place to stay, she was approached with an offer of assistance by Ms. Rangage Pushpa K Peiris, another Sri Lankan migrant worker in Jordan who promised to look her. In desperation Sriyani agreed to stay with Pushpa. 

However Sriyani later learned that Pushpa was another illegal migrant who was running a brothel. After few days Pushpa wanted Sriyani to live with an Indian boy which Sriyani vehemently refused. However Pushpa kept on pressing Sriyani to agree to her suggestion and when she continuously refused Pushpa threatened and tried to assault Sriyani with a hammer. Sriyani felt that her life was in serious danger. In terror and desperation Sriyani seized the hammer from Pushpa and struck her on her forehead. Unfortunately this blow proved fatal. 

Sriyani being frightened and seeing what happened correctly informed the police. Sriyani was arrested and produced in court. 

During the trial Sriyani was defended by a lawyer retained by the Sri-Lankan embassy in Jordan. However, there were no proper communication between Sriyani and the officials at the Embassy so Sriyani was not able to explain what really happened at the scene of the crime due to the lack of proper translation assistance. She was not able to assist her lawyer to get exact instructions and relevant evidence to the incident. As a result she was not able to submit all the facts and evidence to the lawyer or to the court to prove her innocence, especially the evidence relating to her claim of self defence. 

Since there were no witness and no proper defence established the court found Sriyani guilty and sentenced her to 15 years in prison for murder. She was given 30 days to appeal but unfortunately there was no one to assist her during that period hence the sentence was repeated. 

Sriyani is now languishing in Juweida Prison in Amman, Jordan. 

Sriyani’s relatives remain helplessly at her home at Sri Darmadara Mawatha, Godaudawatha, Hegoda, Rathgama. Mr. K Upul of same address made an appeal on behalf of her family members to the President of SriLanka and to other Sri Lankan State authorities in Jordan to intervene and provide necessary legal assistance to help Sriyani and find the necessary avenue to prove her innocent before the judicial and administrative authorities of Jordan. But none of these authorities have shown any interest to rescue Sriyani or shown any interest to help her. 

Sriyani continuously communicates to her relatives through two citizens, Sr. Ursula Hopfensitz and Sr. Concey who work in Jordan and is seeking legal redress for the agonies she continuously faces at the prison. 

Sriyani vehemently stated she has never engage with a murder and at any time had no intention to murder Pushpa. She states that due to the defects in the handling of her defence in her case in court she has to face these consequences. She appeals to all responsible people to intervene and help her to get justice. 

ADDITIONAL COMMENTS: 

Thousand of Sri Lankan women have migrated to Middle East and other parts of the world seeking occupations and worked some as skilled workers and most as unskilled workers. There are several dozen of cases reported every year on killing of Sri Lankan workers and subjecting them to cruel inhuman treatments in different countries. The Asian Human Rights Commission have observed continues inaction and lethargic approach of Sri Lankan State authorities to helping them and assisting them in courts and before other administrative authorities. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into case and take all the necessary and appropriate measures to assist the worker. 

Please note that the AHRC has also written a separate letter to the Ambassador of Jordan to Sri Lanka on this regard. 

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