Sri Lanka
23.09.02
Urgent Interventions

Sri Lanka: Nandini Herat released on bail

VIOLENCE AGAINST WOMEN
Case LKA 180602.2 VAW
Follow up to Case LKA 180602.1 VAW
SEXUAL VIOLENCE

The International Secretariat of OMCT has received new information concerning the case of Ms. Herat Pathirannehelage Nandani Sriyalatha Herat who suffered sexual violence at the hands of police officers in Sri Lanka.

New information:

According to information received from a reliable source, Ms. Nandini Herat was released on bail on 13 September 2002 and she is currently being housed in a “safe house”. Ms. Heart, who was arrested on 8 March 2002, subjected to torture at the hands of the Wariapola police and subsequently held in detention for 6 months and 5 days has been charged with robbery under the 1955 Antiquities Act.

Brief reminder:

The International Secretariat of OMCT was informed by the Asian Human Rights Commission of the alleged arbitrary detention and sexual abuse of a 39 year old Sri Lankan woman, Ms. Herat Pathirannehelage Nandani Sriyalatha Herat by several Wariapola police officers on March 8, 2002.

According to the information received, Ms. Herat, who is not married and is a virgin, was arrested by several police officers from Wariapola in civilian clothes. She was arrested at her home in the presence of her family and was kept for two days in the Wariapola police station during which she was severely tortured. The forms of torture included stripping her naked and inserting a pipe-like object in her vagina, which made her bleed and caused immense pain. Once produced in court, she complained to the magistrate who ordered an inquiry. This inquiry, however, has not taken place yet.

According to a translation of her own hand-written statement, Ms. Herat stated that on the night of March 8th while taking a bath, two officers, Warnakulasuriya and Rathnatileke took her from her home and brought her to a place where she was given no food or drink. After that, the officer Ananda arrived. Later Warnakulasuriya beat her with a pole and then Ananda removed her clothes and put something like a tube into her vagina while Warnakulasuriya kept her mouth shut with his hand. Later that night she was given a towel to clean up the blood and was denied any medical attention and was hit when she asked for medicine. The next morning she was beaten again by the officer in charge of crimes. The next morning, Warnakulasuriya took Ms. Herat to the Crimes Section and asked her to sign a statement. Ms Herat says that a recorded statement was never taken from her but after being kicked in the back, she signed the statement. Later that day she was forced into a vehicle with Warnakulasuriya, who was dressed in civilian clothes, and Rathnatileke who was dressed in uniform. She was driven to the Wariapola courts where Warnakulasuriya went inside and came out with a paper. Ms. Herat was then taken to the Kurunegala prison where she was given food for the first time. On March 10th she was taken to the hospital and then again for visits on March 13, 14, 15. On March 17th she was examined in the orthopedic section of the hospital. During this time none of her family was allowed to see her, and she only learned of the charge against her when she got to the Wariapola court.

Action requested:

Please write to the authorities of Sri Lanka urging them to :

i. guarantee the physical and psychological integrity of Ms. Herat Pathirannehelage Nandani Sriyalatha Herat and her family, and ensure that she be granted adequate medical and legal assistance;

ii. guarantee an impartial and exhaustive inquiry into the arbitrary detention, sexual abuse and torture of Ms. Herat Pathirannehelage Nandani Sriyalatha Herat and bring those responsible before a competent and impartial tribunal and apply the penal, civil and administrative sanctions provided by law;

iii. ensure Ms. Herat Pathirannehelage Nandani Sriyalatha Herat the right to adequate reparation;

iv. adopt immediate measures to put an end to these acts of violence against women;

v. ensure in all circumstances respect for human rights and fundamental freedoms in accordance with national laws and international human rights standards.

Addresses:

Her Excellency President Chandrika B. Kumaratunga, Presidential Residence, Colombo 3, Sri Lanka Fax: 94 - 1 - 333 - 703

Prime Minister Honorable Ranil Wickremasinghe, 58 Sir Earnest de Silva Mawatha, Colombo 7. Sri Lanka. Fax No. 0094 1575454

Honorable Minister for Justice and Constitutional Affairs, 37, Kirula Place, Colombo 5. Sri Lanka. Fax No. 00 94 1 437680

Mr. Mangala Samaraweera, Minister of Posts, Telecommunications and Media, Old CTO Building Lotus Rd, Colombo 1, Sri Lanka

Inspector General of Police, Police Headquarters, New Secretariat, Colombo 1, Sri Lanka

Hon. Ambassador, Permanent Mission and Consulate General of Sri Lanka, 56, Rue De Moillebeau, 5th Floor, 1 209, Geneva 19, Switzerland, Fax: (41-22) 734 9084, E-mail: mission.srilanka@itu.ch

Hon. High-Commissioner, The High Commission of the Democratic Socialist Republic of Sri Lanka 13 Hyde Park Gardens London W2 2LU United Kingdom Fax: (0171) 262-7970, E-mail: lancom@easynet.co.uk

Geneva, 23 September, 2002.

Kindly inform the International Secretariat of any action undertaken quoting the code of this appeal in your reply.