Dear friends,
The Asian Human Rights Commission (AHRC) expresses its concern of the failure of law enforcement officials to respond to complaints of domestic violence leading to wider measures of impunity for the perpetrators of this form of violence.
Ms. Dharsari was married to G. Paramasivam and they had two children. During the four years of their marriage Ms. Dharsari was subjected to constant ill treatment and assault. She described her experiences as both physical and mental abuse. On 6 May 2006, Ms. Dhasari was unable to bear the wrath of her husband any longer, so she took her youngest child and left. She went to her parents home and lodged a complaint against Paramasivam with the Hiniduma Police.
On May 14 Ms. Dharsari was visited by the Pitabeddara police officials whom in response to a complaint made by Paramavisam, recorded a statement and requested for her to visit the Pitabeddara Police Station on May 18. Following these instructions Ms. Dharsari was accompanied by her mother when attending the said police station where they saw Paramasivam was also present. The Officer in Charge (OIC) recorded another statement from Ms. Dharsari and then ordered her to go with Paramasivam. Ms. Dharsari refused explaining that to do so she would be subjected to abuse at home.
Due to Ms. Dharsaris resistance the OIC slapped her repeatedly on the face and back of the head. The OIC then began scolding Ms. Dhasaris mother, abusing her in an attempt to pressure Ms. Dhasari to go with Paramasivam. However, despite the intimidation and violence, they were adamant not to leave with Paramasivam. The OIC was infuriated and began assaulting the mother too. He then turned to Paramasivam and said, This woman is refusing to go with you, there is nothing I can do. Paramasivam was then told to take her home but with no success.
Following the incident, Ms. Dhasari and her mother left the station and as they exited the building, Paramasivam together with an officer, dragged them into a three wheeler taking them to his home. The pair escaped when they were left unattended. Upon returning home Ms. Dhasari found that her child had disappeared; Paramasivam had apparently taken the infant away during the time when they were restrained at his house.
Ms. Dhasari continues to be harassed both by the police and Paramasivam. According to the OIC, this is because Paramasivam had worked for him and maintains close links with the police. Ms. Dhasari has been informed to return to the police station on May 28 but she is afraid of being further victimised by the police.
Although a complaint has been lodged with the Hiniduma Police in relation to the grave domestic violence, little action has been taken to respond to it. The AHRC is concerned about the high incidence of violence against women. (See further. UA-135-2006; UA-085-2006 and UP-037-2006). The failure of law enforcement officials to respond to complaints of domestic violence in a gender-sensitive and effective manner leads to a diminution in confidence in law enforcement personnel and, in turn, to impunity for the perpetrators of this form of violence.
The consequences of this impunity are devastating for individual victims such as Ms. Dhasari who are effectively denied assess to criminal and civil remedies including reparations. In light of this the AHRC urges the government to more strictly monitor the behaviour of the police to ensure that all perpetrators be brought to justice, and take all necessary measures to prevent acts of violence against women, in particular those who have suffered from domestic violence.
SUGGESTED ACTION:
Please send a letter to the relevant authorities listed below urging the government to strengthen measures to bring perpetrators of acts of violence against women to justice.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _____________,
SRI LANKA: Perpetrator enjoys impunity as Pitaveddara police fail to respond to complaints of domestic violence
Name of victim: Mutukaruppan Dhasari (20); Married with two children; Unemployed.
Name of alleged perpetrators: The OIC and others of Putabeddara Police
Date of incident: 18 May 2006
I write to bring your attention to the victim of a domestic violence case, who continues to face intimidation by her alleged perpetrators. According to the information I have received, the victim Ms. Mutukaruppan Dhasari has been intimidated by the perpetrators and now lives in fear. On 6 May 2006, after four years of violence and abuse Ms. Dhasari took her youngest child and left her husband. A complaint was made against her husband Paramasivam at the Hiniduma Police Station.
On May 14 she was visited by police personnel from the Pitabeddara Police Station who took a record of her statement following a complaint made by Paramavisam. On May 18, Ms. Dhasari was accompanied by her mother to the police station upon the request of the police. At the time Paramasivam was also present. The OIC ordered Ms. Dhasari to return home with Paramasivam and when she refused to do so, both Ms. Dhasari and her mother were subjected to further assault and intimidation. Out of frustration, Paramasivam forcibly took the infant child away from Ms. Dhasaris parents home and he now continues to harass her.
I am deeply concerned about the high incidence of violence against women in Sri Lanka. Crimes of this nature must be combated and perpetrators of acts of violence against women must not be allowed to escape punishment. It is worrying to learn that law enforcement officials have not only failed to respond to genuine complaints of domestic violence, but also contribute in threatening and intimidating victims of violence perverting the course of justice.
The failure of law enforcement officials to respond to complaints of domestic violence in a gender-sensitive and effective manner leads to a lack in confidence in the police and judiciary and in turn, to impunity for the perpetrators of this form of violence. The consequences of this impunity are devastating for individual victims who are effectively denied any access to criminal and civil remedies including reparation.
The failure of the government to send a strong signal that all forms of violence against women are unacceptable has important ramifications for womens social status as any promotion of protection of womens human rights will thereby be perceived as being of little value. Perpetrators will escape punishment and will not be deterred from the commission of similar crimes.
Owing to this, I urge the government to strengthen its measures. The government must afford immediate action in monitoring police behaviour more strictly to ensure that alleged perpetrators are brought to justice. As public officers, police conduct must be impartial and regulated. I would ask that you suspend or transfer the alleged perpetrators from their service while the investigation is underway and provide adequate protection to the victim.
I trust your intervention will be forthcoming.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
2. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
3. 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
4. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
5. 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: polcom@sltnet.lk
6. Mr. Mahinda Rajapakse
President
Socialist Democratic Republic of Sri Lanka
C/- Office of the President
Temple Trees
150, Galle Road
Colombo 3
SRI LANKA
Fax: +94 11 2472100 / +94 11 2446657 (this is contact for Secretary to President)
Email: secretary@presidentsoffice.lk
7. Ministry of Women's Affairs
177, Nawala Rd., Nararhenpita, Colombo 05
P.O. Box 1589
Tel: +94 1 368373
Fax: +94 1 369294
Email: mwa@sltnet.lk
Website: www.womens-affairs.gov.lk/
8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
c/o Ms Vernonica Birga
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
Email: vbirga@ohchr.org (please also cc: rrico@ohchr.org)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
