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SRI LANKA: A severe case of rape without justice

September 5, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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6 September 2001 <br>
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UA-33-2001: 16 year-old girl raped but no proper investigation and punishment <br>
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SRI LANKA: A severe case of rape without justice <br>
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One of the most shocking cases of the violation of the fundamental human rights of women took place in broad daylight in the town of Talawakelle in the Central Province of Sri Lanka on August 12, 2001. <br>
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THE DESCRIPTION OF THIS INCIDENT <br>
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Sita, a student at Tamil Maha Vidyalaya Talawakelle, was forcefully abducted by two young men - Rameez and Piyal Nalaka - when she was walking home after attending Sunday mass and confirmation classes at St. Patrick's Church in Talawakelle at about 2:00 p.m. on August 12. She was unmercifully and inhumanly raped by both men inside a vehicle and dropped off near the Hindu Kovil in Talawakelle at about 6 p.m. <br>
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The victim is a Grade 10 student. She cannot speak Sinhalese, but she managed to make a report to the police and to identify the perpetrators, who were then arrested. <br>
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The victim was taken to Kotagala Hospital and later to Nuwara Eliya Hospital for a medical check-up and was discharged from the hospital on August 16. The suspects were held under police remand until August 28. <br>
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A public protest was held in the town of Hatton on August 26 that demanded justice for Sita. <br>
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When the case was brought to court on August 28, Sita’s lawyer, Priyantha Gamage, stated that Sita objected to bail for the perpetrators, but the police, influenced by political pressure, did not object to bail for the two accused men. Thus, after a heated argument between the two counsels, the judge ordered bail for the accused. <br>
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Even worse, the rape victim - a schoolgirl - was publicly degraded in court as a professional prostitute by the counsel for the accused, Mr. Rajapakse, who was probably pressured by those who hold political power and the influence of money. Sita’s lawyer, Priyantha Gamage, then requested that the court record the statement of Mr. Rajapakse. <br>
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Furthermore , it was surprising that the police officers who brought the complaint did not even mention in court that she was a high school student in Grade 10. Their behaviour indicated that they appeared on behalf of the accused. Therefore, the conduct of the police and their efforts to punish the perpetrators has to be questioned. This case furthermore indicates that moral standards in Sri Lankan society are disintegrating. <br>
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Meanwhile, the case has been postponed until September 25, 2001. <br>
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This is a case of severe discrimination and humiliation inflicted on the victim because of her poor Tamil plantation background. The Asian Human Rights Commission (AHRC) is very concerned and disturbed by the above conduct of the Sri Lankan court. We thus appeal to you to take action to ask the Sri Lankan authorities to hold a proper and speedy reinvestigation of the case and to punish the perpetrators. <br>
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ACTION REQUIERED <br>
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We request you to send a fax or e-mail to the following people to plead for: <br>
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- A proper and speedy reinvestigation of the case, <br>
- Justice for the parties concerned, <br>
- The prosecution of the perpetrators and <br>
- Compensation for the victim. <br>
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SAMPLE LETTER (use this letter or write your own short message) <br>
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Dear <br>
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RE: THE RAPE CASE OF A 16-YEAR-OLD GIRL <br>
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I have just learned of the most shocking case of the violation of the fundamental human rights of women, an incident that took place in broad daylight in the town of Talawakelle in Sri Lanka on August 12, 2001. <br>
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Sita, a student of Tamil Maha Vidyalaya Talawakelle, was forcefully abducted by two young men - Rameez and Piyal Nalaka - when she was walking home after attending Sunday mass and confirmation classes at St. Patrick's Church in Talawakelle at about 2:00 p.m. She was unmercifully and inhumanly raped by both men inside a vehicle and dropped off her near the Hindu Kovil in Talawakelle at about 6 p.m. The victim was taken to Kotagala Hospital and later to Nuwara Eliya Hospital for a medical check-up and discharged from the hospital on August 16. The victim is a Grade 10 student. She cannot speak Sinhalese, but she managed to make a report to the police and to identify the perpetrators who raped her. <br>
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Although the perpetrators have been arrested due to public pressure, there is a widespread feeling that the police are siding with the perpetrators and that a proper investigation into the matter is not taking place. This will jeopardise the prosecution of the case. The victim a schoolgirl - was publicly degraded in court as a professional prostitute by the counsel for the accused - the probable result of pressure by those in political power and the influence of money. It is also upsetting that the police also failed to inform the court that the victim is a 16-year-old poor Tamil plantation student. People though have come forward to defend her by holding a public protest in the town of Hatton on August 26 and demanding justice for Sita. <br>
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I thus make the following urgent requests: <br>
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- Open a proper and speedy reinvestigation, <br>
- Ensure justice for the parties concerned, <br>
- Prosecute the perpetrators, <br>
- Compensate the victim. <br>
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Sincerely yours, <br>
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SEND LETTERS TO: <br>
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Her Excellency President Chandrika B. Kumaratunga <br>
Presidential Residence <br>
Colombo 03 <br>
SRI LANKA <br>
Fax: +941 333 703 <br>
SALUTATION: Your Excellency <br>
<br>
Hon. Mr. K.C. Kamalasabesan <br>
Attorney General <br>
Attorney - General's Department <br>
Colombo 12 <br>
SRI LANKA <br>
Fax: +941 436 421 <br>
SALUTATION: Dear Attorney General <br>
<br>
Mr. B.L.V. Kodituwakku <br>
Inspector General of Police <br>
New Secretariat <br>
Colombo 1, <br>
SRI LANKA <br>
Fax: +941 446 174 <br>
SALUTATION: Dear Inspector General <br>
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SEND COPIES OF YOUR LETTER TO: <br>
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Mr. Fais Musthapa <br>
Chairperson <br>
Human Rights Commission of Sri Lanka <br>
No. 50, Dr. N.M. Perera Mawatha <br>
Borella, Colombo 8 <br>
SRI LANKA <br>
Fax: +941 696 470 <br>
Email: sechre@sltnet.lk <br>
SALUTATION: Dear Mr. Muwatha <br>

Document Type :
Urgent Appeal Case
Document ID :
UA-33-2001
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.