Sri Lanka: Gang rape of a girl and lack of due diligence by police

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. 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 lack of due diligence by police in the case of a 16-year-old victim of a gang rape in Kengalle Digana, Kandy, Sri Lanka. According to the information received, the girl (name withheld) was abducted by David Kaiser and gang raped by at least 5 or 6 men on July 2nd and 3rd, 2003. Even though the police identified some of the perpetrators, they have not taken any serious action yet to arrest and bring them before a competent court. Moreover, the police tried to force the victim to change her complaint statement and as she refused to do so they omitted certain sections. Background information 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 went looking for David Kaiser and Ravinathan. They were accompanied by the police. 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. On August 6th, the girl identified Mr. Wasana and Mr. Prithi, two men who had allegedly been in the van in which she had been taken away. However, they were both released on bail. Further, the police asked the victim's mother for money in exchange for the attempt to arrest David Kaiser and his uncle Ravinathan on July 3rd, as well as for a second one on July 11th. According to the information received, there is concern that David and Ravinathan had already fled the country at this date, as they are partners of the Siddhalepa Company in Switzerland. Finally, the police told the victim that it was useless trying to arrest them, because they were wealthy and could not be brought to justice. OMCT expresses its grave concern over the security and recovery of the victim should impunity prevail, due to 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). 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 and psychosocial 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, if they are found to have fled from Sri Lanka. 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, January 26, 2004. Kindly inform us of any action undertaken quoting the code of this appeal in your reply.