Home / News / Urgent Appeals / SRI LANKA: Rape and murder of a young typing student

SRI LANKA: Rape and murder of a young typing student

September 23, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
<br>
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
<br>
24 September 2001 <br>
<br>
--------------------------------------------------------------------- <br>
UA-35-2001: Rape and murder of a young typing student <br>
<br>
SRI LANKA: Dysfunctional Criminal Prosecutions system enables widespread impunity for serious crimes <br>
--------------------------------------------------------------------- <br>
<br>
A young Tamil woman, Miss S. Umadevi, 23, of Nawalapitiya, Imbulpitiya Estate has been abducted, raped and murdered on the 12th of September at Kopiwatte, Mallanda in Nawalapitiya on her way home after attending her typing class in Nawalapitiya Town. <br>
<br>
Miss Umadevi's parents filed the case with the Nawalapitiya Police on the morning of the 13th September, after exhausting all of their own enquiries as to her whereabouts. The father of the victim stated that the police officer who recorded the complaint gave them an unfavourable reception, she was abusive and not willing to accept their complaint. When she was shown a photograph of the young woman who was missing, the Police officer had said \&quot;This girl must have gone off with some young man. What are we to do with this photo?\&quot; and she put away the photo. <br>
<br>
That same evening, the father the of the girl heard that the corpse of a young woman was found in the shrubland near the Malkanda bridge. The father went to that spot and identified the body as that of his daughter. The father informed the police at Nawalapitiya and gave the name of one particular person whom he suspects could have been the perpetrator of this crime, but the Police have not shown any concern about this case and have so far failed to arrest any suspects. The police have not even once visited the home of the victim to investigate into this crime. <br>
<br>
BACKGROUND <br>
<br>
The Asian Human Rights Commission has repeatedly pointed out that the Attorney General of Sri Lanka should be held responsible for all prosecutions. We have also said that this responsibility is often waived on the basis that the Attorney General depends on the reports compiled by the police, and if the police do not forward such files, there is nothing that the Attorney General can do. The Attorney General as the chief prosecutor of the country should ensure that enquiries take place for all crimes, and that such enquiries are held in a proper manner. Despite repeated protests, there has been no attempt at all to correct the defective prosecution system in Sri Lanka. So long as that does not happen, rapes, murders, torture and impunity will continue. <br>
<br>
SUGGESTED ACTION <br>
<br>
Please write to the President, Attorney General and Police authorities to demand that Miss Umadevi's murder and rape is properly investigated and the perpetrators brought to justice. In doing so, please ask them to reform the criminal prosecutions system so that impunity like this is not allowed to continue. <br>
<br>
SAMPLE LETTER <br>
<br>
Your Excellency <br>
<br>
I have heard of yet another shocking crime in Sri Lanka that has not been properly investigated. This instance is of a young Tamil woman, Miss S. Umadevi, 23, who was abducted, raped and murdered at Kopiwattte, Mallande in Nawalapitiya on 12th September. The police treated the parents with contempt when they reported their daughter missing, and seem to have taken no action since the body was discovered on the 13th September. To date no suspects have been arrested, despite strong leads coming from various family members. <br>
<br>
The number of criminal cases that go unprosecuted in Sri Lanka is extremely alarming. It is clear that a system where the Attorney General can only take up cases that police have filed reports on is completely inadequate, especially when the police have been involved in the crime or are not motivated to investigate. I urge you to ensure that Miss Umadevi's killers and rapists are brought to justice quickly to prevent further crimes and to provide some recompense for the bereaved family. Further, I respectifully request that the Attorney General be empowered and required to conduct independent investigations in all crimes to erase the culture of impunity in such cases. <br>
<br>
Yours sincerely, <br>
<br>
------------------------------------------------------------- <br>
SEND LETTERS TO: <br>
<br>
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>
<br>
Deputy Inspector General <br>
Police Office <br>
Central Province <br>
Kandy <br>
SRI LANKA <br>
Fax: +948 234 337 <br>
<br>
I.P. Pradeep Ratnayake <br>
O.I.C. <br>
Police Station <br>
Nawalapitiya <br>
c/- Fax: +948 252 854 <br>
<br>
SEND COPIES OF YOUR LETTER TO: <br>
<br>
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. Musthapa <br>

Document Type :
Urgent Appeal Case
Document ID :
UA-35-2001
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.