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SRI LANKA: 15 year-old girl allegedly raped and forgotten by the courts

November 22, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

22 November 2006
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UA-376-2006: SRI LANKA: 15 year-old girl allegedly raped and forgotten by the courts

SRI LANKA: Rape; violence against woman; negligence of duty; improper police investigation; impunity; dysfunction of the rule of law; delay of justice.
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to express its deep concern over the lengthily delay in court proceedings of an alleged rape case involving a 15 year-old girl (identity withheld for protection) from Negambo, Sri Lanka on 26 June 2005.  The inaction and intolerable investigative procedures of the Negambo police have resulted in the victim being forced into hiding, while seriously jeopardising her chances at seeking justice. Shockingly, the victim was also imprisoned for 14 days along with the alleged perpetrator after the victim's family found and brought her to the police station.    

CASE DETAILS:

On 26 June 2005, a 15-year-old Miss X, the daughter of a fisherman in Negambo was allegedly abducted and raped for three continuous weeks by the alleged perpetrator named Ramesh, a 24 year-old local man who had previously been thought of as the victim's friend.  Ramesh allegedly told the Year 9 student that he would kill her mother if she did not comply with his demands.   

Following her disappearance, the victim's mother lodged a complaint at the Negambo police station (Reference no. W.I.B 113/27).  Since the family received little assistance from the police, they later submitted a statement to the Child Rights Protection authority in Colombo.

On 17 July 2005, the victim was found by her parents and taken to the Negambo police station. To their surprise, the police later produced both the victim and the alleged perpetrator Ramesh in the Negambo magistrate court. Moreover, even though rape is non-bailable offence by law, the magistrate court remanded both the victim and the alleged perpetrator for 14 days and they were both released on 29 August 2005. It is still unknown to the victim's family on which charges the victim and the alleged perpetrator were brought to the court. There is suspicion that the Negambo police might bias to the alleged rapist and not present entire fact of the rape incident.   

When the victim was released on August 29, she was taken to the Negambo hospital for a medical examination by the police and it was indeed confirmed that she has been raped.

The case against the alleged perpetrator was eventually called before the Negambo magistrate court on 6 October 2005 (Case # 2628 B/5); however, this has been the only time that the case was heard before a magistrate. Since then, the case has stalled and the victim has received no redress. The victim's family had also complained that they were not informed by the police about the details of the case pending in the court. For example they still do not know what the charges are against the alleged perpetrator in the court case. 

Although the Negambo police continue to advise the family not to worry, they actually have not taken any serious action to arrest the alleged perpetrator for over one year since the incident. The victim's parents are worried that the alleged perpetrator might be protected by the local police since the victim was brought to the court by the police and remanded with unknown reason to them and no action has been taken to remedy the situation.

As a result, the alleged perpetrator walks free. Since he is also believed to have a drug problem, the family has expressed its concern for their daughter's safety and have thus suspended her studies and sent her to a convent for protection (name of the convent withheld to insure the victim's safety). 

The AHRC strongly deplores the treatment that this victim has had to endure and voices its deep concern over the unacceptable delay in court proceedings that has taken place, as well as the lack of police action that has forced the victim to discontinue her studies and go into self-imposed protective custody. 

The AHRC urges the Sri Lankan government to immediately provide protection to this victim and demand that due process be carried out in this case and that court proceedings resume.  We also urge that an independent investigation is carried out against the Negambo police and that the victim is provided with adequate compensation for the trauma that she has suffered.  
 
SUGGESTED ACTION:
Please write to the relevant Sri Lankan authorities listed below and demand their immediate intervention in this case. Please urge them to provide effective protection to the victim and her family, continue with the court proceedings and inquire about the inaction of the police.

To support this appeal, please click:

Sample letter:

Dear __________,

Sri Lanka: 15 year-old girl allegedly raped and forgotten by the courts

Name of the victim: Miss X of Negambo (Identity withheld for protection); aged 17 (aged 15 at the time of the rape incident); Date of birth: 11 November 1989
Alleged perpetrators:
1. Ramesh, aged 24 at the time of incident; the alleged rapist 
2. Officers attached to the Negambo police station  
Place of incident: Negambo, Sri Lanka
Date of incident: 26 June 2005

I am writing to express my deep concern over the lengthily delay in court proceedings of an alleged rape case involving a minor (aged 15 at the time of the incident; identity withheld for protection) from Negambo, Sri Lanka on 26 June 2005.  The inaction and intolerable investigative procedures of the Negambo police have resulted in the victim being forced into hiding, while seriously jeopardising her chances at seeking justice. Shockingly, I have learned that the victim was also imprisoned for 14 days along with the alleged perpetrator after the victim's family found and brought her to the police station.    

I have learned that on 26 June 2005, this young girl was abducted and raped for three continuous weeks by the alleged perpetrator named Ramesh, a 24 year-old local man.  Ramesh allegedly told the victim that he would kill her mother if she did not comply with his demands.   

Following her disappearance, the victim's mother lodged a complaint at the Negambo police station (W.I.B 113/27).  They also submitted a statement to the Child Rights Protection authority in Colombo but have received no response from it.

I understand that on 17 July 2005, the victim was found by her parents and taken to the police station. To their surprise, both the victim and the alleged perpetrator were later then produced in the Negambo magistrate court and remanded by the magistrate for 14 days even though rape is non-bailable offence by law. The victim's family still does not know on which charges the victim and the alleged perpetrator were brought to the court.

I was also informed that the victim was taken to the Negambo hospital after her release on August 29 for a medical examination and it was indeed confirmed that she has been raped.

I am extremely disappointed by prolong delay in court proceedings in this case. The case was eventually called before the Negambo magistrate courts on 6 October 2005 (Case # 2628 B/5); however, this has been the only time that the case was heard before a magistrate. Since then, the case has stalled and the victim has received no redress. The victim's family even has not been informed what the charges are against the alleged perpetrator in the court case. 

The victim's parents are worried that the alleged perpetrator might be protected by the Negambo police who have not taken any serious action to arrest the alleged perpetrator for over one year despite all the evidence. I was also informed that the family concerned for their daughter's safety and have thus suspended her studies and sent her to a safe place because the alleged perpetrator is also believed to have a drug problem. 

I strongly deplore the treatment that this victim has had to endure. I also voice my deep concern over the unacceptable delay in court proceedings that has taken place, as well as the lack of police action that has forced the victim to discontinue her studies and go into self-imposed protective custody. 

I therefore urge you to immediately order a full and proper inquiry into this case and take action to bring the alleged perpetrator to justice without delay. I also urge you to ensure that an independent investigation is carried out regarding the inaction of the Negambo police, especially about the suspicious circumstances that the victim was brought to the court and remanded together with the perpetrator. I also urge you to inquire about the charges against the alleged perpetrator in the pending court case. If it is found that he was not charged with rape, I urge you to ensure that proper steps are taken to correct this matter, that the alleged perpetrator is immediately arrested and that strong action is taken against the Negambo police. I further urge you to ensure that the victim is provided with adequate compensation for the trauma that she has suffered and that due process be carried out in this case and that court proceedings resume. 

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. 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
Email: secretary@presidentsoffice.lk

2. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

3. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

4. Dr. Hiranthi Wijemanne
Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

5. Secretary
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: npcgen@sltnet.lk

6. 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

7. 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)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-376-2006
Countries :
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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.