UPDATE (Sri Lanka): Police allegedly do not arrest the accused due to private relationship

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-015-2008
ISSUES: Administration of justice, Child rights, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the continued inaction of the police into the alleged sexual abuse of a five-year-old girl by her father in Sri Lanka. The girl’s grandmother filed a complaint at the Panwila police station in Kandy on 18 June 2007 (See further UA-258-2007). A court has issued a warrant for arrest however to date the police have failed to arrest the alleged perpetrator. It is reported that the reason of police inaction is that the alleged perpetrator is a friend of the police.

UPDATE INFORMATION:

This alleged sexual abuse of a five-year-old girl took place sometime in April until June 2007. On hearing this, the girl’s grandmother tried to lodge a complaint to several police stations but police refused to accept it. With great difficulties, she succeeded in filing a complaint to the Panwila police station 19 July 2007 but, the police have allegedly not taken any action. (See details UA-258-2007)

A case was filed before the Panwila magistrate court and since then, there have been four court hearings. The court issued open warrant against the accused on January 24 and the medical report was presented in the court on February 28. The hearing is postponed on April 3. However there is no serious development on this case except that the court issued a warrant.

While the hearings have been held, villagers witnessed the accused Mohamed, the father of the child in the town of Madawela in January 2008.

To date the police have failed to arrest the accused. It is alleged that the accused is a friend of the police.

SUGGESTED ACTION:
Please write letters to the concerned authorities requesting them to ensure the prompt arrest of the accused. An inquiry into the inaction of the police to investigate promptly must be conducted. They must be held to account should it be proven that they have neglected their duties.

Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on Violence against Women calling for intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

SRI LANKA: Police allegedly do not arrest the accused due to private relationship

Name of the victim: Ms. Y (name withheld), a 5-year-old preschool pupil
Alleged perpetrator: Mohamed Hanifa Thawfek, the girl’s father
Name of police station who do not take action: Panwila Police Station, Kandy Dist. I, Kandy Division, Central Range (WEST)
Date of incident: Since 19 July 2007

I am deeply concerned to the inaction by the Panwila police station in Kandy to fail to arrest the accused of a case involved in the allegedly sexually abuse of a 5-year-old girl since it took place last April 2007.

I am informed that the girl’s grandmother lodged a complaint to the Panwila police station on 19 July 2007. The Panwila magistrate court issued open warrant against the accused on January 24 and the medical report was presented in the court on February 28.

While the case has been proceeding in the court, villagers witnessed the accused Mohamed, the father of the child in the town of Madawela in January 2008 but to date the police have failed to arrest and produce him before the court.

It is alleged that the police have not seriously taken steps to arrest the accused because the accused is a friend of the police. Whether this allegation is true or not, the police are unable to exonerate the responsibility of the failure to arrest the accused.

In this regard, I strongly urge you to arrest the accused and produce him before the court so that this case will not get delayed any more. The police’s immediate steps for his arrest will show their will to fight the delay of human rights violation cases. I also urge that thorough and impartial investigation into the police inaction and failure to arrest the accused must be conducted. The relationship between the accused and the police of the station must also be enquired.

I look forward to hearing from you soon.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

2. 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

3. Mr. C.R. De Silva
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: attorney@sri.lanka.net

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.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : AHRC-UAU-015-2008
Countries : Sri Lanka,
Issues : Administration of justice, Child rights, Violence against women, Women's rights,