SRI LANKA: Refugee raped by police officer in

charge of her security

5 October 2017

Dear Friends,

According to information received by the Asian Human Rights Commission, a

woman residing at the Special Residential Safe House of Refuge Seekers
situated at Mirihana in Nugegoda Police Division, Colombo District, was raped
by Police Constable Vass, security attach with the Mirihana Headquarters
Police Division on 18 June 2017. On the pretense of taking Ms. X back to her
hospital after her discharge from the Colombo South Teaching Hospital, where
she was treated for Dengue, Constable Vass took her to a nearby hotel. He then
raped her, and then left her back at the hospital. Medical officers examined her
and found credible evidence of rape. Though the Constable was initially
arrested, the police have delayed investigation and have ignored all evidence.

CASE NARRATIVE:
According to information received by the Asian Human Rights Commission
(AHRC), Ms. X (name withheld), is residing at the Special Residential Safe House
of Refuge Seekers situated at Mirihana in Nugegoda Police Division, Colombo
District, under the direct supervision of the Mirihana Headquarters Police
Station.

This safe house is running with the direct assistance of the Sri Lankan Country
Office of the United Nations High Commissioner for Refugees (UNHCR). A large
number of the inmates are refugees fleeing the violence in Burma. They have
reached Sri Lanka by flights, through the International Airport of Katunaya in Sri
Lanka. Some inmates have been arrested by the Sri Lankan Navy while trying to
reach Sri Lankan beaches. Others were travelers rescued by the fishermen and
the coastal guards, while they were facing troubles at sea.

After being produced before the Magistrates of the respective regions, they
were detained in this house with judicial detention orders.

Ms. X was one among hundreds of other inmates who came from Burma. She
was detained in Mirihana Safe Dentation House for several months. After she
fell ill with severe fever, police authorities brought her to the Colombo South
Teaching Hospital, where she was admitted for treatment for Dengue
Hemorrhage Fever.

On 18 June 2017, at 9 a.m., the hospital authorities informed her that she would
be discharged from the hospital and could proceed home. They further
informed her that she could contact her relatives to come and bring her, as the
medical staff needed to instruct them on her post-recovery care.
Ms. X was informed by the hospital authorities that they are informing the
police detach and the in-charge of the detention center for travel arrangement
of the patient to the shelter house.

Meanwhile Police Constable (PC) Vass, officer attached to the Detention House,
arrived at the hospital ward and approached Ms. X. He requested her to join
him to go back to the safe house. She followed him. Importantly, she does not
speak or understand the Sinhalese language spoken by the police officer. She
does not speak English either. She thought that the police have come to bring
her back to her home as part of their job.

However, PC Vass brought her to a hotel at Papiliyana in the Boralesgamuwa

Police Division, and later booked a room and brought her to the room. She
could not understand what was going on. Not knowing the place or the roads,
she thought this was part of the process to bring her to the safe home. She was
then raped by PC Vass. Though she protested, she was not able to get away
from him. All her communications were refuted by him.

Later PC Vass brought her back to the hospital ward where she was treated, and
left. The hospital authorities questioned her whereabouts. She tried to explain
what happened. Then the hospital authorities reported the matter to the
Hospital Police Post and the Judicial Medical Officer of the hospital. The medical
practitioners tried their best to examine her, but the language barrier prevented
proper communications.

As Ms. X could only speak the Burmese and Bengali languages, the hospital
authorities managed to bring a Bengali-English translator, and recorded her
statement. She stated all the events to the medical staff. Following a medical
examination, which found evidence of rape, the hospital police submitted their
report. Subsequently, PC Vass was arrested and produced before the Magistrate
of Nugegoda and detained.

According to Ms. Xs relatives, the police have not yet recorded any statement
from her, giving the excuse of a lack of Burmese-English translators. The
relatives and the hospital staff were also not questioned, and neither were the
hotel staff. Most importantly, the official reports on the duty reporting of the
suspected police officer was not yet submitted to the court of law.

Finally on 17 August 2017, PC Vass was granted bail.

The relatives of the victim and the concerned parties demand a thorough
investigation into the case. They believe that Officer-in-Charge (OIC) of the
police station has intentionally avoided important evidence when reporting the
case to the courts.

SUGGESTED ACTION:

Please write to the authorities listed below expressing your concern about this
case. Request an immediate inquiry into the allegations of not investigating the
crime of sexual assault by the police. Demand prosecution of those proven
responsible under Sri Lankas criminal law. All officers involved should be
subject to internal investigations for breach of Police Departmental Orders.
The AHRC will also write a separate letter to the Special Rapporteur on Violence
against Women in this regard.

To support this case, please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Refugee raped by police officer responsible for her security

Name of Victim: Ms. X (name withheld), is residing at Special Residential Safe

House of Refuge Seekers situated at Mirihana in Nugegoda Police Division, in
the Colombo District

Alleged perpetrators: 1) Police Constable Vass, security attache to the Mirihana

Refuge Safe House, Headquarters Police Station
Mirihana
2) OIC, Headquarters Police Station Mirihana
Date of incident: 18 June 2017

Place of incidents: Boralesgamuwa Headquarters Police Division

According to the information I have received, Ms. X (name withheld), is residing

at the Special Residential Safe House of Refuge Seekers situated at Mirihana in
Nugegoda Police Division, Colombo District, under the direct supervision of the
Mirihana Headquarters Police Station.

This safe house is running with the direct assistance of the Sri Lankan Country
Office of the United Nations High Commissioner for Refugees (UNHCR). A large
number of the inmates are refugees fleeing the violence in Burma. They have
reached Sri Lanka by flights, through the International Airport of Katunaya in Sri
Lanka. Some inmates have been arrested by the Sri Lankan Navy while trying to
reach Sri Lankan beaches. Others were travelers rescued by the fishermen and
the coastal guards, while they were facing troubles at sea.

After being produced before the Magistrates of the respective regions, they
were detained in this house with judicial detention orders.

Ms. X was one among hundreds of other inmates who came from Burma. She
was detained in Mirihana Safe Dentation House for several months. After she
fell ill with severe fever, police authorities brought her to the Colombo South
Teaching Hospital, where she was admitted for treatment for Dengue
Hemorrhage Fever.

On 18 June 2017, at 9 a.m., the hospital authorities informed her that she would
be discharged from the hospital and could proceed home. They further
informed her that she could contact her relatives to come and bring her, as the
medical staff needed to instruct them on her post-recovery care.

Ms. X was informed by the hospital authorities that they are informing the
police detach and the in-charge of the detention center for travel arrangement
of the patient to the shelter house.

Meanwhile Police Constable (PC) Vass, officer attached to the Detention House,
arrived at the hospital ward and approached Ms. X. He requested her to join
him to go back to the safe house. She followed him. Importantly, she does not
speak or understand the Sinhalese language spoken by the police officer. She
does not speak English either. She thought that the police have come to bring
her back to her home as part of their job.

However, PC Vass brought her to a hotel at Papiliyana in the Boralesgamuwa

Police Division, and later booked a room and brought her to the room. She
could not understand what was going on. Not knowing the place or the roads,
she thought this was part of the process to bring her to the safe home. She was
then raped by PC Vass. Though she protested, she was not able to get away
from him. All her communications were refuted by him.

Later PC Vass brought her back to the hospital ward where she was treated, and
left. The hospital authorities questioned her whereabouts. She tried to explain
what happened. Then the hospital authorities reported the matter to the
Hospital Police Post and the Judicial Medical Officer of the hospital. The medical
practitioners tried their best to examine her, but the language barrier prevented
proper communications.

As Ms. X could only speak the Burmese and Bengali languages, the hospital
authorities managed to bring a Bengali-English translator, and recorded her
statement. She stated all the events to the medical staff. Following a medical
examination, which found evidence of rape, the hospital police submitted their
report. Subsequently, PC Vass was arrested and produced before the Magistrate
of Nugegoda and detained.

According to Ms. Xs relatives, the police have not yet recorded any statement
from her, giving the excuse of a lack of Burmese-English translators. The
relatives and the hospital staff were also not questioned, and neither were the
hotel staff. Most importantly, the official reports on the duty reporting of the
suspected police officer was not yet submitted to the court of law.
Finally on 17 August 2017, PC Vass was granted bail.

The relatives of the victim and the concerned parties demand a thorough
investigation into the case. They believe that Officer-in-Charge (OIC) of the
police station has intentionally avoided important evidence when reporting the
case to the courts.

I therefore request your intervention to ensure that the authorities listed below
initiate an immediate investigation into the allegations of rape not being
investigated by the police. All officers involved should be subject to an internal
investigation for breach of Police Departmental Orders.

Yours Sincerely,

---------------------
PLEASE SEND YOUR LETTERS TO:
1.
Mr. Pujith Jayasundara
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Jayantha Jayasooriya PC

Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
 National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Human Rights Commission
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
Thank you
Posted by Thavam