Sri Lanka
25.03.04
Urgent Interventions
Sri Lanka: Lack of Due Diligence by Police in Gang Rape Case
Case LKA 260104.1 VAW.CC
Follow up of Case LKA 260104 VAW. CC
Violence against Women / Child Concern
Lack of due diligence by police
The International Secretariat of OMCT request your URGENT
intervention in the following situation in Sri Lanka.
New Information
The International Secretariat of OMCT has received new information
from the Asian Human Rights Commission, a member of the OMCT network,
about the lack of due diligence by the police in the investigation in
the case of a 16-year-old girl who has been a victim of a gang rape
in Kengalle Digana, Kandy, Sri Lanka.
According to the new information received, none of the alleged
perpetrators have been arrested. David Kaiser and his uncle
Ravinathan, two of the alleged perpetrators, have left the country
before the police raided their house. The investigation in this case
has not been completed by the police. Moreover, despite the report of
the case to the National Human Rights Commission by the victim,
allegedly no investigation has been conducted.
OMCT expresses its grave concern over the lack of willingness by the
police to conduct an adequate investigation into the crime. 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
On February 23rd 2003, Mr Kaiser's car hit the victim's hand when she
was going to a computer class. Thereafter the alleged perpetrator
called the victim several times on the pretext of knowing about her
condition and met her twice when she was going to class.
When he met the victim on July 2nd, 2003, he offered her a drink. But
as soon as she drank it, she felt dizzy and wanted to go home. Mr.
Kaiser offered her a lift and pushed her into a van. Then, he took
her to a house in Kengalle Digana, where he raped her and then his
uncle Ravinathan also raped her. She was kept in that house the whole
night and raped by at least 5-6 individuals.
On the morning of July 3rd, the girl was taken back to Peradeniya
town and abandoned on the street. After she managed to go home alone,
she was immediately taken to the Peradeniya Police Station by her
mother, in order to lodge a complaint. But after having listened to
the story, the police asked them to go to the Kandy Police Station,
where they could finally file a complaint. The same day, the victim,
her mother and her aunt, accompanied by the police, went looking for
David Kaiser and Ravinathan.
On July 4th, the girl identified the house where she had been raped.
Later in the day, she was admitted to the Kandy Hospital, where she
had to stay until July 10th, 2003. When she left the hospital, the
Kandy police asked her to go to the police station and to write down
a statement. There, Officer Abeysinghe and the Office in Charge (OIC)
of the crime, Mr. Dharmaratne, tried to force her to change her
statement, in order to arrange the victim's marriage to Mr
Ravinathan. But as she did not agree to do so and repeated the same
complaint, the police just omitted certain parts of it.
During an identification parade on the 6th of August, the girl
identified Mr. Wasana and Mr. Prithi, two men who had allegedly been
in the van in which she had been taken away. Both of them were
arrested, but were soon released on bail.
Further, according to the victim, on July 3rd and July 11th the
police asked the victim's mother for money in exchange for the
attempt to arrest David Kaiser and his uncle Ravinathan. There is
concern that, at this date, David and Ravinathan had already fled the
country. Finally, the police would have told the victim that it was
useless trying to arrest them, and that they could not be brought to
justice because they were wealthy.
Actions requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the physical and
psychological integrity of the girl and intervene with the
appropriate authorities in order to ensure that the adequate medical
assistance is provided;
ii. order a thorough and impartial investigation into this rape case,
in order to identify all the responsible parties, bring them to trial
and apply penal sanctions as provided for by law;
iii. undertake particular efforts in order to determine the
whereabouts of Mr. David Kaiser and his uncle Ravinathan and to
request their extradition from a third country;
iv. order an impartial investigation into the allegation of lack of
due diligence by the police, in order to identify those responsible
and apply the penal, civil and/or administrative sanctions as
provided for by law;
v. guarantee adequate reparation to the girl;
vi. guarantee the respect of human rights and the fundamental
freedoms throughout Sri Lanka in accordance with international human
rights standards.
Addresses
President Chandrika Bandaranaike Kumaratunga, Presidential
Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 333 703
The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's
Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax:+ 94 1 575 454
Attorney General, Hon. K.C. Kamalasabesan, Attorney General's
Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail:
attorney@sri.lanka.net or counsel@sri.lanka.net
Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice,
Law Reform and National Integration, Superior Courts Complex, Colombo
12, Sri Lanka, Fax: + 94 1 424 447
Minister of Interior, Colombo, Sri Lanka, Fax: +94 11 2 387 526/698
282
Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1
Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 691 926, Fax HOME:
+94 11 2 674148
National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road,
Colombo 8, Sri Lanka, Fax: +94 11 2 694 924, 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
Mr T Anandaraja, Inspector General of Police, Sri Lanka Police
Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 438
915
Please also write to the embassies of Sri Lanka in your respective
country.
Geneva, 25 March, 2004.
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
Follow up of Case LKA 260104 VAW. CC
Violence against Women / Child Concern
Lack of due diligence by police
The International Secretariat of OMCT request your URGENT
intervention in the following situation in Sri Lanka.
New Information
The International Secretariat of OMCT has received new information
from the Asian Human Rights Commission, a member of the OMCT network,
about the lack of due diligence by the police in the investigation in
the case of a 16-year-old girl who has been a victim of a gang rape
in Kengalle Digana, Kandy, Sri Lanka.
According to the new information received, none of the alleged
perpetrators have been arrested. David Kaiser and his uncle
Ravinathan, two of the alleged perpetrators, have left the country
before the police raided their house. The investigation in this case
has not been completed by the police. Moreover, despite the report of
the case to the National Human Rights Commission by the victim,
allegedly no investigation has been conducted.
OMCT expresses its grave concern over the lack of willingness by the
police to conduct an adequate investigation into the crime. 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
On February 23rd 2003, Mr Kaiser's car hit the victim's hand when she
was going to a computer class. Thereafter the alleged perpetrator
called the victim several times on the pretext of knowing about her
condition and met her twice when she was going to class.
When he met the victim on July 2nd, 2003, he offered her a drink. But
as soon as she drank it, she felt dizzy and wanted to go home. Mr.
Kaiser offered her a lift and pushed her into a van. Then, he took
her to a house in Kengalle Digana, where he raped her and then his
uncle Ravinathan also raped her. She was kept in that house the whole
night and raped by at least 5-6 individuals.
On the morning of July 3rd, the girl was taken back to Peradeniya
town and abandoned on the street. After she managed to go home alone,
she was immediately taken to the Peradeniya Police Station by her
mother, in order to lodge a complaint. But after having listened to
the story, the police asked them to go to the Kandy Police Station,
where they could finally file a complaint. The same day, the victim,
her mother and her aunt, accompanied by the police, went looking for
David Kaiser and Ravinathan.
On July 4th, the girl identified the house where she had been raped.
Later in the day, she was admitted to the Kandy Hospital, where she
had to stay until July 10th, 2003. When she left the hospital, the
Kandy police asked her to go to the police station and to write down
a statement. There, Officer Abeysinghe and the Office in Charge (OIC)
of the crime, Mr. Dharmaratne, tried to force her to change her
statement, in order to arrange the victim's marriage to Mr
Ravinathan. But as she did not agree to do so and repeated the same
complaint, the police just omitted certain parts of it.
During an identification parade on the 6th of August, the girl
identified Mr. Wasana and Mr. Prithi, two men who had allegedly been
in the van in which she had been taken away. Both of them were
arrested, but were soon released on bail.
Further, according to the victim, on July 3rd and July 11th the
police asked the victim's mother for money in exchange for the
attempt to arrest David Kaiser and his uncle Ravinathan. There is
concern that, at this date, David and Ravinathan had already fled the
country. Finally, the police would have told the victim that it was
useless trying to arrest them, and that they could not be brought to
justice because they were wealthy.
Actions requested
Please write to the authorities in Sri Lanka urging them to:
i. take all necessary measures to guarantee the physical and
psychological integrity of the girl and intervene with the
appropriate authorities in order to ensure that the adequate medical
assistance is provided;
ii. order a thorough and impartial investigation into this rape case,
in order to identify all the responsible parties, bring them to trial
and apply penal sanctions as provided for by law;
iii. undertake particular efforts in order to determine the
whereabouts of Mr. David Kaiser and his uncle Ravinathan and to
request their extradition from a third country;
iv. order an impartial investigation into the allegation of lack of
due diligence by the police, in order to identify those responsible
and apply the penal, civil and/or administrative sanctions as
provided for by law;
v. guarantee adequate reparation to the girl;
vi. guarantee the respect of human rights and the fundamental
freedoms throughout Sri Lanka in accordance with international human
rights standards.
Addresses
President Chandrika Bandaranaike Kumaratunga, Presidential
Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 333 703
The Hon Ranil Wickremasinghe, Prime Minister, Prime Minister's
Office, 58 Flower Road, Colombo 7, Sri Lanka, Fax:+ 94 1 575 454
Attorney General, Hon. K.C. Kamalasabesan, Attorney General's
Department, Colombo 12, Sri Lanka, Fax: +94 1 436 421, E-mail:
attorney@sri.lanka.net or counsel@sri.lanka.net
Minister of Justice, Hon. W.J.M. Lokubandara, Ministry of Justice,
Law Reform and National Integration, Superior Courts Complex, Colombo
12, Sri Lanka, Fax: + 94 1 424 447
Minister of Interior, Colombo, Sri Lanka, Fax: +94 11 2 387 526/698
282
Mr. Ranjith Abeysuriya PC, Chairman National Police Commission, 69-1
Ward Place, Colombo 7, Sri Lanka, Fax: +94 11 2 691 926, Fax HOME:
+94 11 2 674148
National Human Rights Commission of Sri Lanka, No. 36, Kynsey Road,
Colombo 8, Sri Lanka, Fax: +94 11 2 694 924, 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
Mr T Anandaraja, Inspector General of Police, Sri Lanka Police
Headquarters, New Secretariat, Colombo 1, Sri Lanka, Fax: + 94 1 438
915
Please also write to the embassies of Sri Lanka in your respective
country.
Geneva, 25 March, 2004.
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.