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UPDATE (Sri Lanka): The rape case pending for over three years in magistrate court

December 21, 2004

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal
21 December 2004

[RE: UP-16-2004: Trial drags on for rape victim as she awaits justice.  RE: UA-33-2001: 16 year-old girl raped but no proper investigation and punishment issued on 6 September 2001]
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UP-82-2004: SRI LANKA: The rape case pending for over three years in magistrate court

SRI LANKA: Fair trial; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the exorbitant delay in the rape case of 16-year-old victim Rita, by the Attorney General's Department. According to the information received, Rita's case (No 32151) was returned by the registrar of Nuwara-Eliya Magistrates Courts on the request of the Attorney General's Department on 22 October 2004 when it was being prepared to be sent to the Badulla High Court, while other cases from the same magistrate courts have already been referred to the High Courts. Even though regarding this case, there has been considerable pressure to the government of Sri Lanka by international human rights groups, there are suspicious that someone is trying to misplace the file or delay. The case has been pending for over three years in the Magistrate court.

The victim Rita, a student at Tamil Maha Vidyalaya Talawakelle, was forcefully abducted and unmercifully and inhumanly raped by two young men inside a vehicle and dropped off near the Hindu Kovil in Talawakelle on 12 August 2001. After obtaining a medical check-up, she filed a case. The court hearing of the case was held from August 2002 and it was committed to the high court in November 2002. However, the case was not called at the high court and no further progress has since been made. The attorney-general's department was contacted on 26 July 2003 regarding the case, to which they responded on 19 January 2004, saying that they will take action. Needless to say, nothing has yet been done. (See further: UP-16-2004, UA-33-2001)

We call for your urgent intervention into this matter. Please send a letter to the Attorney General and urge him to immediately refer the case to the High Court without further delay so that the victim can get justice.


SUGGESTED ACTION:
Please send a letter to the Attorney General urging him to provide fair trial to the victim and to take immediate action to investigate this matter and to bring the perpetrators to justice.
  
Sample letter:

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Dear Mr. K. C. Kamalasabesan,

Re: SRI LANKA: The rape case pending for over three years in magistrate court

I am deeply disturbed to learn that the case of rape victim Rita (Case No 32151) has been pending for over three years in the magistrate court, while other cases from the same magistrate's court have already been referred to the High Courts.

From a poor estate workers' family, Rita was raped on 12 August 2001. There were attempts to sabotage the case at the police station, however, with great difficulty, an investigation was completed and the case was referred to the Nuwara Eliya Magistrate Court for a non-summary inquiry. Thereafter, the case was sent to the Attorney General's (AG) Department, where it remains, while other cases from the same magistrate's court have already been referred to the High Courts.

According to the information I have received, the alleged perpetrators of the rape are affluent persons and are using their position and wealth to manipulate the delays, with the result that an incident that happened in August 2001 still has not been addressed at the High Court. There is also an allegation that someone is trying to misplace the file or delay it on purpose.

The case is being delayed with the intention that the victim will give up her claim and the criminals can escape justice. I therefore urge you to expedite this case and immediately investigate all these attempts to delay this case on purpose and bring the perpetrators to justice. It is only when justice is served to the victim and the guilty are punished will the rule of law and human rights be able to flourish in the country.

Yours sincerely,


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SEND A LETTER TO:

Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421
Email: attorney@sri.lanka.net  or counsel@sri.lanka.net


Thank you.

Urgent Appeals Program
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-82-2004
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.