Sri Lanka
15.04.04
Urgent Interventions
Sri Lanka: After three years, still no prosecution in rape case
Case LKA 100901.1.CC.VAW
Violence against women/Child concern
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the continued lack of prosecution against the perpetrators of the rape of Rita in Sri Lanka.
According to the information received, after three years, the case against Rita's rapists still has not been resolved. After the case was heard at the magistrate court in August - November 2002, it was sent to the high court. However, the case was never called at the high court, and no further progress has been made. Although the attorney general's department was contacted on 26 July 2003, and they responded on 19 January 2004, nothing further has been done on this case.
OMCT is deeply concerned by the lack of due diligence to prosecute the perpetrators who raped Rita. OMCT is also troubled that this most recent failure to prosecute reflects a pattern of impunity in Sri Lanka for perpetrators of sexual violence, amongst other human rights violations. OMCT would like to remind the authorities of Sri Lanka that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also wishes to recall that Sri Lanka, as a State party to the Convention on the Rights of the Child, is bound to “protect the child from all forms of sexual exploitation and sexual abuse” (article 34).
Reminder of the Situation
According to the information received, at about 2 pm on 12 August 2001, Rita, a student at Tamil Maha Vidyalaya Talawakelle, was allegedly forcefully abducted by two men, Rameez and Piyal Nakala, whilst she was walking home after Sunday mass and confirmation classes at her local church. She was allegedly repeatedly raped inside a vehicle by both men before being dropped off near the Hindu Kovil in Talawakelle at about 6 pm.
Rita was able to report the incident to the police and to identify the suspected perpetrators who were later arrested. She was subsequently taken to Kotagala Hospital and then to Nuwara Eliya Hospital for medical examinations and she was discharged from hospital on 16 August. The suspects were held in remand until 28 August.
A public protest was held in the town of Hatton on 26 August in order to demand justice for Rita.
The case came before the local court on 28 August and the two accused were granted bail. According to the information received, the police did not undertake a vigorous investigation of the case and they failed to bring important information concerning the victim's circumstances to the attention of the judge during the initial trial proceedings.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Rita and her family;
ii. guarantee that Rita is provided with adequate reparation;
iii. order a thorough and impartial investigation into the circumstances of this event, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. adopt immediate measures to put an end to all acts of rape and other forms of violence against women and children;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk
· Hon. 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
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
· No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 15, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence against women/Child concern
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, of the continued lack of prosecution against the perpetrators of the rape of Rita in Sri Lanka.
According to the information received, after three years, the case against Rita's rapists still has not been resolved. After the case was heard at the magistrate court in August - November 2002, it was sent to the high court. However, the case was never called at the high court, and no further progress has been made. Although the attorney general's department was contacted on 26 July 2003, and they responded on 19 January 2004, nothing further has been done on this case.
OMCT is deeply concerned by the lack of due diligence to prosecute the perpetrators who raped Rita. OMCT is also troubled that this most recent failure to prosecute reflects a pattern of impunity in Sri Lanka for perpetrators of sexual violence, amongst other human rights violations. OMCT would like to remind the authorities of Sri Lanka that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also wishes to recall that Sri Lanka, as a State party to the Convention on the Rights of the Child, is bound to “protect the child from all forms of sexual exploitation and sexual abuse” (article 34).
Reminder of the Situation
According to the information received, at about 2 pm on 12 August 2001, Rita, a student at Tamil Maha Vidyalaya Talawakelle, was allegedly forcefully abducted by two men, Rameez and Piyal Nakala, whilst she was walking home after Sunday mass and confirmation classes at her local church. She was allegedly repeatedly raped inside a vehicle by both men before being dropped off near the Hindu Kovil in Talawakelle at about 6 pm.
Rita was able to report the incident to the police and to identify the suspected perpetrators who were later arrested. She was subsequently taken to Kotagala Hospital and then to Nuwara Eliya Hospital for medical examinations and she was discharged from hospital on 16 August. The suspects were held in remand until 28 August.
A public protest was held in the town of Hatton on 26 August in order to demand justice for Rita.
The case came before the local court on 28 August and the two accused were granted bail. According to the information received, the police did not undertake a vigorous investigation of the case and they failed to bring important information concerning the victim's circumstances to the attention of the judge during the initial trial proceedings.
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Rita and her family;
ii. guarantee that Rita is provided with adequate reparation;
iii. order a thorough and impartial investigation into the circumstances of this event, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. adopt immediate measures to put an end to all acts of rape and other forms of violence against women and children;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Hon. Mr. Ranil Wickremasinghe, Prime Minister, Cambridge Place, Colombo 7, SRI LANKA, Fax: +94 11 2 682905 / 575454, E-mail: secpm@sltnet.lk
· Hon. 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
· Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1 Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 669 128 (need to ask to change to fax mode) / 691 926
· Dr. Radhika Coomaraswamy, Director, National Human Rights Commission of Sri Lanka,
· No. 36, Kynsey Road, Colombo 8, SRI LANKA, Fax: +94 11 2 694 924 / 696 470, E-mail: sechrc@sltnet.lk
· Ambassador Prasad Kariyawasam, Rue de Moillebeau 56 (5ème) - CP 436, CH-1211, Genève 19, Suisse, E-mail: mission.srilanka@ties.itu.int, Fax: +4122 734 90 84
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, April 15, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.