27 March 2008
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SRI LANKA: Protection urgently needed for
the family of a rape victim
ISSUES: Fair trial; threat; protection; rape; violence against women;
rule of law; denial of legal access
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding
the case of the rape of a 17-year-old girl after her abduction allegedly
by a politician on 17 December 2007. While the Biyagama police have
commenced an investigation into this case they have failed to secure
the family's safety despite the fact that they are receiving threats.
In addition, the victim and her family are entitled to know the progress
of the case however, the police have not provided any information to
them.
CASE DETAILS: (based on the affidavits submitted by the victim and
her mother)
On 17 December 2007, a 17-year-old Ms. Y (name withheld for security
reason) suffered a chest pain while she was working in "Ceramic
World" Biyagama. Her employer arranged medical treatment for her
and after getting permission from her supervisor, she left at about
7pm.
While she was walking towards the boarding house, she noticed that
someone was following her. She looked back and saw four men following
her; she attempted to run but three of the men caught her while the
fourth pressed a white colored handkerchief soaked with an unknown substance
over her nose. Before she lost consciousness she heard a vehicle stopping
nearby.
When she regained consciousness she was lying on a bed in a room. She
saw the Deputy Chairman Pradeshiya Sabaha (Provincial Council) Weligepola
and his friend both of whom she named in her affidavit sitting at the
end of the same bed drinking alcohol. She was still dressed in all her
clothes and as she tried to open the door and escape they caught her
and threw her back on the bed. She lost consciousness again and could
not remember what happened after that.
When she regained consciousness she found that she was lying on the
bed with a sheet thrown over her naked body. The Deputy Chairman was
there and he was half naked. Ms. Y then saw her clothes on the bed and
started to get dressed while crying and asking the man "Why did
you do this to me?" In answer the Deputy Chairman broke an empty
arrack bottle and held it to her neck saying "If you dare to tell
anyone about this incident I will kill you and every one in your family."
The victim was terrified and pleaded with him to let her go and return
her to the boarding house. Then, the Deputy Chairman ignored her plea
and again threatened her.
At 7am on December 18, the Deputy Chairman took her out of the room
after covering her face so that no one would be able to recognize her.
He took her to his friends three-wheeler. On her way out she noticed
a board with the word 'Guest House' written in English. They dropped
the victim at the cross road near her boarding house, threatening her
for a third time that "If she reports the incident to anyone that
they will kill her and everyone in her family".
The victim went to her boarding house. She did not tell any one of
the incident because of the death threats made by the Deputy Chairman.
On December 18, the victim's mother came to see her and finding her
looking very sick asked her to take medicine. The victim had then told
her that she preferred not to do so since medication made her even more
uncomfortable. She managed to work for two days but asked for one week's
leave due to ill health on December 21 with the intention that she would
not return to work during that time. However since she had not paid
her boarding fees she had to return to the boarding house on 29 December.
The matron was not there and she had to wait till 31 December to pay
her boarding fees and return home.
On 13 January 2008, the victim's mother was asked to meet her sister
and her husband P.K. Premadasa who advised her not to let Ms. Y live
in the village but to take her and go less great harm would befall her.
When the victim's mother demanded to know the reason for this they refused
to tell her but repeated that she should take the girl and leave the
village.
When the victims mother returned home she asked her daughter what
all these statements meant. She then broke down crying and told her
mother everything that had happened. The victim's mother then phoned
police emergency number 119, and made a complaint regarding the incident
and left the village with her daughter on January 14.
A little while later the mother's sister informed her by phone that
the police had arrived. The police officer, speaking on the same phone
advised her to go to the Godakawela Police Station and make a complaint
about the incident. The victim and her mother took a bus to the Godakawela
police station but while on the way the victim received a mobile phone
call in which she was threatened that if she so much as opened her mouth
to say anything against the Deputy Chairman, she would be killed.
At 10pm they reached the police station. However, the Officer-in-Charge
(OIC) Crimes Branch Godakawela, told them that since the crime had been
committed in Biyagama that they should make a complaint at the Biyagama
Police Station. The victim's mother also informed him that her daughter
received a death threat on her mobile phone on their way to the police
station and gave him the number of the incoming call as registered on
the phone.
Even though the Godakawela police refused to record the complaint,
due to the mothers insistence a female officer was instructed
to record the complaint at about 11pm. The mother was not allowed to
come near her while the complaint was recorded. The victim was told
to sign the complaint but was not allowed to see what was written. Neither
were they given the serial number of the complaint even though they
requested it. After the complaint, the female officer and two other
officers took the victim to be admitted to the Godakawela District Hospital.
The victim was warded and given medical treatment. While she was so
warded, a friend of the Deputy Chairman came to the hospital and suggested
that they would settle the matter saying that "we are all people
of the same village". However the victim's mother did not accept
any settlement.
The victim was transferred to the Ratnapura General Hospital by the
hospital ambulance on January 16. During the hospital visiting hours
in the afternoon, an unknown young man came in to the ward and having
asked who the victim was and told her that the Deputy Chairman had come
and is waiting near the gate and to go and meet him. However, when the
victim told this to her mother, the mother held the young man by hand
and wanted to know more information which he did not provide but simply
went away. On January 17, a Judicial Medical Officer (JMO) declared
that the victim had been raped and mentioned that if expert evidence
was needed in court to forward the documentation provided.
On January 18 when the victim's father was returning home after visiting
her in hospital two persons known to be friends the Deputy Chairman
and five others blocked his way and tried to assault him with a bottle.
However he managed to evade the assault. On January 19, the victim was
discharged from the hospital with referrals to medical clinics.
During this period the Biyagama police sent a message to the victim's
mother to come with the victim and lodge a complaint at the Biyagama
Police Station. The victim's mother went to the police station on the
same day and informed them that a complaint had been taken down in the
Godakawela Police Station. She gave the 2 complaint numbers which she
had managed to get from them as G CIB 288/61 and MCEN 22/08. When she
asked for the complaint number from the Biyagama police station she
was informed that the investigation would be conducted under the same
complaint made to the Godakawela police and therefore it would be registered
under the same number.
Subsequently, a police officer accompanied the victim and her mother
in a vehicle so that she could identify the Guest House to which she
was taken. After visiting five guest Houses, Ms. Y recognized the fifth
Guest House, the Kalani Nadi Guest House, as the place where she had
been held and raped. The police had thereafter searched the premises.
They also looked into the Guest Information Book and found that the
name and identity card number of the Deputy Chairman Pradeshiya Sabaha
Weligepola entered as a guest who had stayed the night on 17 December
2007. The police then searched the room recorded as the one occupied
the Deputy Chairman and took into custody the bed lined (which had since
been washed) and the Hotel Guest Information Book.
The police also questioned the waiter who had been in service on the
17 December. The waiter recognized the victim. Then the police took
the waiter to the police station in order to get his statement, after
which he was released. The Biyagama police then having taken the contact
phone numbers of the victim's household told them that they would contact
them when the need arises. The victim and her mother left for home.
Since the Biyagama police had not contacted the victim, the victim's
mother phoned them and was told that the investigation was in progress.
She was also asked if she could provide a vehicle so the police could
arrest the Deputy Chairman, to which she replied that she did not have
the money.
On January 28 when the victim's father was in the garden he noticed
three strangers on the road opposite the house carrying that which appeared
like iron bars. The victim's father had quietly evaded them. In this
regard, the victim's father made a complaint at the Godakawela Police
Station (Complaint number 322/221 cii). Since this incident, the victim's
family members moved from the village for their protection and safety.
According to the victim, after she was abducted and raped the perpetrators
still live as free men, the police have not notified them of any further
action taken on the crime, and it was only through a friend of the victim's
mother that they had got to know that a case had been filed in the Magistrate's
Court Gampaha. According to this information the victim's mother had
gone on February 13 to the court but when the case was called, she was
not allowed to come forward and was chased away by the Biyagama police
and the lawyer of the accused. The victim's mother quotes the case number
as No. 352B/2008 but she is not sure about this case number.
The victim and her mother have made written complaints of the incident
to the Inspector General of Police, District Inspector General (Legal),Senior
Superintendent of Police Colombo and Ratnapura, National Police Commission,
Human Rights Commission, Child Rights Authority and Women and Children's
Bureau.
Furthermore, the victim's family got to know that the suspect applied
for anticipatory bail on 19 March 2008. After learning of this, the
victim set out all details of the incident in an affidavit and handed
it over to the Magistrate Gampaha.
ADDITIONAL INFORMATION:
Ms. Y is the eldest in her family. She had successfully completed her
Ordinary Level examination in December 2006. She had begun her studied
for the Advanced Level examination and continued for two months but
due to the poverty of her family had to abandon her studies. She stayed
at home and looked into the studies of her younger sibling while also
helping her family with the day to day chores. Her mother worked as
a machine operator in a garment factory in Dematagoda and lived in a
boarding house near the factory. Her father is a labourer.
Due to the increasing cost of living and hardships faced by her family,
she had asked the husband of her mother's sister to help her find a
job so that she can contribute towards the expenses of the family. The
husband spoke about this to the Deputy Chairman Pradeshiya Sabaha Weligepola,
requesting him to find her employment.
Subsequently the Deputy Chairman, the husband and a friend took Ms.
Y by a three-wheeler owned to meet the Sabaragamuwa Provincial Council
member Bahu Munipriya. This was to obtain a letter to a person called
Ranjith Jayawardana of the "Ceramic World" Biyagama requesting
employment.
On 26 Novemebr 2007, Ms. Y accompanied by her mother's sister went
to "Ceramic World" Biyagama. She was asked to sit for an entrants
test and told to report to work from the next day 27 November 2007,
whereupon she started her new job.
SUGGESTED ACTION:
Please write to the local authorities listed below and demand urgent
intervention in this matter and urge them to carry out investigations
on the evidence collected and arrest the suspect without delay. Please
also urge them to ensure the safety of the victim and her family.
Please be informed that the AHRC has written a letter to the UN Special
Rapporteur on the violence against women calling for an intervention
in this case.
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