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SRI LANKA: A 13-year-old girl was raped by her father

October 25, 2002

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
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25 October 2002
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UA-51-2002: A 13-year-old girl was raped by her father
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SRI LANKA: Risk of life; Need protection and counseling for the victim of rape and family by the state
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Sandamalee (13), a student of year 8 was raped by her father (37) on 2nd September 2002. She revealed her story when her mother (34) saw her husband raping her daughter with her own eyes on the night of 26th September 2002.
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Sandamalee had been raped by her father more than 6 times since 2nd September 2002.
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The mother of the victim reported this to the police on the 27th September 2002, the day after she saw this horrible scene. The father of the victim was arrested on 2nd October 2002 by the Kandy police and handed to the Manikhinna police.
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The father of the victim was further remanded when he was produced in courts on 11th October 2002. He is a vendor living with his wife, the daughter and the son of eleven years. They were living in Pallekele, Kandy for last three years.
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When the father first raped the victim on 2nd September, the victim's mother was in Colombo participating in the ¡°Janabala Meheuma¡± (a demonstration held in Colombo to support peace initiatives by the present government). The father of the victim sent his son to the nearby boutique and raped the victim around 8:00 p.m.
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The victim was threatened with a knife by her father before being raped. The 13-year-old knew about her father, how dangerous he could be, since he used beat and torture her mother after getting drunk.
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The victim is a student of a college nearby Kandy and she wishes to continue her studies. According to the mother, the young girl still screams even during the daytime when she remembers this horrible experience. She was admitted to Kandy hospital for a medical examination and stayed there for four days.
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Fearing that the father would attempt to kill the victim and her mother, the mother removed the victim from her school the day before her father was arrested. The mother of the victim reported this incident to a human rights group, which has begun to prepare a shelter for the victim to stay and continue her studies.
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However, the victim and her mother fear for their security. The fear is that the father will try to harm the daughter and mother. Child rights and child protection are not much talked about in Sri Lanka, therefore, the state has no programmes to help such victims and provide them counseling and other protection.
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There is also a fear that proper investigation may not take place. The human rights group helping the family wants the state to take greater responsibility for the young girl and her family, and provide protection and help them to seek justice.
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SUGGESTED ACTION
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Please write your letters to the Prime Minister, Attorney General and Inspector General of Police (IGP) of Sri Lanka.
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SAMPLE LETTER (You may use your own words or use the following as a sample)
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Dear Sir,
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I draw your attention to rape case of a 13-year-old girl by her father, a matter that is now being investigated by the Manikhinna police. This shameless act calls for stern action.
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First of all, it is essential to provide proper protection, security and counseling for the victim. The young girl, whose natural protector has become her rapist, is now in situation that if not properly helped may make her destitute. The mother who brought the matter to police too is in danger.
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The Sri Lankan government is a signatory to the Convention on the Rights of the Child and other human rights covenants and conventions. I urge the government to honor these obligations and the basic duties owed to young children. I particularly urge that complete protection be given to the child and mother.
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Thank you.
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Sincerely yours,
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PLEASE SEND YOUR LETTERS TO:
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1. Honourable Prime Minister
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Mr. Ranil Wickremasinghe
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Cambridge Place
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Colombo 7
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SRI LANKA
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Fax: +94 1 682905 or 575454 / +94 1 542919 (Secretary to the PM)
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Email: secpm@sltnet.lk or bradmanw@slt.lk
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SALUTATION: Hon. Prime Minister
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2. Hon. Mr. K.C. Kamalasabesan
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Attorney General
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Attorney - General's Department
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Colombo 12
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SRI LANKA
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Fax: +94 1 436 421
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Email: attorney@sri.lanka.net or counsel@sri.lanka.net
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SALUTATION: Dear Attorney General
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3. Mr. T. E. Anandrajah
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Inspector General of Police
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New Secretariat
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Colombo 1,
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SRI LANKA
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Fax: +94 1 446174
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SALUTATION: Dear Inspector General of Police
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Document Type :
Urgent Appeal Case
Document ID :
UA-51-2002
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.