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SRI LANKA: A rape victim was intimidated and harassed by the police to marry her abductor and rapist

December 11, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-263-2008

 

11 December 2008

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SRI LANKA: A rape victim was intimidated and harassed by the police to marry her abductor and rapist

ISSUES: Rape, intimidation, death threat, abuse of police power, impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an incident in which a girl was abducted by a staff of Civil Defense named Mr. Sanjith on November 16, 2008. She was raped in a house for refusing to marry the man. The Dambulla police officers threatened to kill the girl when she made her complaint against the abductor. The police have been intimidating the victim to marry the alleged rapist, instead of providing legal remedy.

CASE DETAILS: (Based on the testimony of the victim)

On November 16, 2008 at about 5:45pm, Ms. X (original name is withheld for security reasons), an 18-year-old resident of Thumba Kara vila yaya village under jurisdiction of the Dambulla police station in Central Province of Sri Lanka, was returning home from her aunt's house. On her way home she observed a three-wheeled scooter following her. Near her home, the three-wheeler stopped behind her house, where she heard a person asking her to get inside the vehicle. When she looked back she saw a man of short height and dark complexion, but was unable to recognize him. Ms. X ignored the man and kept walking while the person followed her. Then as she had looked back the person clamped a handkerchief, which smelt of a strong substance, to her face.

Thereafter, Ms. X lost consciousness and when she regained consciousness, found herself in an unknown bedroom. There Ms. X recognised Mr. Sanjith, a person from the neighbouring Navagaslanda village. Sanjith is associated with Civil Defence; and wanted to marry Ms. X, but she refused the proposal.

Ms. X asked Sanjith where she was, and requested him to let her go home. Sanjith told her not to  worry, and assured that he would not harm her. He explained that he brought her there because he loved her. Due to the substance held to her face Ms. X felt weak and could hardly hear her self speak. She remembered vaguely looking at the time, and noted that it was 11:30 p.m. Sanjith then left the room and Ms. X heard Sanjith telling someone to arrange for a Marriage Registrar to carry out a marriage. Soon after, Sanjith came into the room and asked for Ms. X’s identity card, which she claimed was lost. Sanjith scolded her for losing her identity card and went out of the room.

While Ms. X was alone in the room she saw a mobile phone charging on the windowsill. Still weak, she dragged herself to it and attempted to call home and her boyfriend. However the calls were not answered.

A short while later, Sanjith came back to the room and asked Ms. X to get ready to go to Kurunegala, another town in the Central province. A woman brought some food for her to eat, but Ms. X refused. Upon her refusal to eat Sanjith shouted, and forcefully held her by her neck. He then forced her on to the bed, and raped her. Ms. X tried to scream for help, but her cries went unanswered. After that Sanjith left the room.

Ms. X tried again to make a call, and this time succeeded in getting through to her boyfriend. However, she was not able to tell him the exact address where she was being kept. Ms. X could only cry till morning.

The following day, Sanjith asked Ms. X to get ready to go to the police station. He intimidated her to say that she came out of her own volition. After arriving at the Dambulla police station Ms. X saw her mother and brother there. She cried when she saw them.

A female police officer named Ms. Indrani initially refused to note down Ms. X 's complaint, but later wrote it. Throughout the period Ms. Indrani scolded Ms. X for accusing a poor boy, and told her that she would not be able to prove anything. The police officer got Ms. X to sign the statement, but did not read it.

Another female police officer attached to the Women and Children’s bureau named Ms. Jayantha, also scolded the victim. Three police officers Indrani, Jayantha and another unidentified one all together scolded Ms. X, and threatened by saying that they would shoot her to death unless she withdraws her complaint of rape against Mr. Sanjith and marry him. The police officers also threatened Ms. X's mother and brother to send Ms. X to prison for 20 years.

Thereafter, Indrani and Jayantha took Ms. X and Sanjith in a police jeep to the house where she had been kept. While on the way the police officers continued scolding her. When they reached at the house, the people who were present told the police that Ms. X had been happy at that house. They also informed the police that Ms. X had taken her meals and a bath, falsifying Ms. X’s statement. The officers noted those details. As they returned to the police station, the officers again intimidated Ms. X to withdraw her complaint. While passing through a wewa (water tank) on route, they threatened to kill her and throw her into the wewa.

After coming back to the police station, following pressure from the relatives, the police sent Ms. X to a Judicial Medical Officer (JMO) for forensic examination regarding the complaint of rape. The JMO certified that she was raped.

After that her mother took Ms. X to the Dambulla hospital. She received treatment in ward no. 8 for nine days, and was discharged on November 27.

Since the incident, the police have been insisting Ms. X to marry Sanjith and withdraw her rape case against Sanjith.

Meanwhile on November 16, Ms. X’s mother registered a complaint at the Dambilla police station notifying that Ms. X was missing that night. However, the police did not take any action to rescue the victim since the complaint was lodged.

Regarding the incident of abduction and rape by Sanjith, and subsequent inaction and threats from the police; Ms. X sent written petitions to the Chairman of the National Human Rights Commission, Chairman of the National Police Commission, Inspector General of Police, Senior Superintendent of the local Police and the Officer-in-Charge of the Women & Children’s Bureau. In her petition she described the entire incident and requested their urgent intervention for justice and security. None of the authorities has taken any action against the alleged perpetrators responding to Ms. X's petition.

Ms. X requests that her abductor and rapist be brought to justice. The responsible officers of the Dambulla police should also be reprimanded for intimidating and harassing her and insisting her to marry the alleged abductor and rapist. 

SUGGESTED ACTION:

Please write a letter to the relevant authorities listed below, urging them to investigate this incident and take due disciplinary and legal action against the alleged rapist, as well as the police officers involved.

Please be informed that the AHRC has also sent a separate letter to the UN Special Rapporteur on the Violence Against Women, calling for intervention in this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

SRI LANKA: A rape victim was intimidated and harassed by the police to marry her abductor and rapist

Name of victim:
1. Ms. X, aged 18, (original identity is withheld due to security reasons
Name of alleged perpetrators:
1. Mr. Sanjith, a staff of the Civil Defence Department, a resident of Navagaslanda village under the Dambulla area
2. Ms. Indrani, an officer of the Dambulla Police
3. Ms. Jayantha, an officer attached to the Women and Children’s Bureau in Dambulla
Date of incident: 16 November 2008
Place of incident: A house under the jurisdiction of the Dambulla police

I am writing to voice my serious concern regarding an incident of rape of an 18-year-old girl named Ms. X (original name is withheld due to security reason) by Mr. Sanjith, a staff of the Civil Defense Department. I am shocked to learn that the Dambulla police, who were initially reluctant to register the complaint, intimidated the girl when she logged her case. The police officers Ms. Indrani and Ms. Jayantha, threatened to shoot the victim to death for her firmness to seek legal redress and refusal to withdraw the case. I want adequate protection for the girl, and prosecution of the alleged perpetrators including the police officers.

According to the information, I have learned that on November 16, 2008 at about 5:45 pm, on return home from an aunt's house Ms. X Lakmali was stalked by a man riding a three-wheeler scooter. The man followed Ms. X, and when she tried to escape the man clamped a handkerchief with a substance, which caused her to lose consciousness. After coming back to her senses, Ms. X found herself lying on a bed in an unfamiliar house.

Mr. Sanjith, a staff of the Civil Defense and a resident of Navagaslanda village, was in the room when Ms. X regained her senses. At around 11:30 pm, Ms. X overheard Mr. Sanjith's conversation with someone, whom Sanjith was asking to bring a marriage register to perform the formality of marriage. Soon after, a woman brought food for Ms. X, which she refused to eat. Sanjith then shouted at Ms. X, assaulted and raped her.  In Ms. X 's attempt of shout for help, Sanjith shut her mouth.

On the morning of November 17, Sanjith took Ms. X to the Dambulla police station and prior to the departure, insisted she to tell the police that she came to the house willingly.

Police officer Ms. Indrani initially refused to note the complaint, however, later wrote it. During the period of writing the complaint Ms. Indrani, Ms. Jayantha, another police officer, and their colleagues scolded the victim. The police officers repeatedly did this and said nothing would happen to the alleged rapist following this complaint. The police officers took Ms. X and Sanjith in a police jeep to the house where she was kept during the abduction, and was raped. They noted the statements of the persons who were present. There “witnesses” provided falsified statements in saying that Ms. X had a meal and bath with happiness. On route back to the police station, the officers showed Ms. X a public water tank and threatened to shot her and put her dead body in the water tank unless she agreed to marry Sanjith, and withdraw her accusations. After coming back to the police station, following pressure from relatives, the police sent Ms. X to a Judicial Medical Officer (JMO) for forensic examination regarding the complaint of rape. The JMO certified that the girl was raped.

Meanwhile, Ms. X's mother registered a complaint on the night of November 16 regarding the missing of her daughter. The police did not take any action to rescue Ms. X.

Ms. X's mother admitted her daughter to the Dambulla Hospital where she received treatment until November 27. After her release from the hospital Ms. X, continued to receive intimidation and threats from the police to withdraw the case.

I am aware that Ms. X sent written petitions the relevant authorities, including the Chairperson of the National Human Rights Commission, National Police Commission and the Inspector General of Police, seeking justice and security; however, none of authorities has yet take any action in this regard.

I strongly urge the authorities of Sri Lanka to take immediate action regarding this case. I request the Government of Sri Lanka to launch an independent judicial probe commission to investigate into this matter, and punish the alleged perpetrators without any delay or impunity. Adequate protection must be provided to the victim of rape and her family, from the harassment of the police as well as the alleged rapist. The victim should be provided with adequate compensation for the loss she has suffered.

I look forward that you will take prompt action in this regard.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Jayantha Wickramaratne
Inspector General of Police (IGP)
Police Head Quarters
New Secretariat, Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk 

2. Secretary
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

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

4. Officer-in-Charge
Women and Children’s Bureau
25, Yset Building
Srimath Baron Jayathilake Mawatha
Colombo 01
SRI LANKA

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-263-2008
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.