By Bijo Francis –
Bijo Francis
February 6, 2013
Mr. N.K. Illangakoon
Inspector General of Police
Government of Sri Lanka
Police Head Quarters
Colombo
SRI LANKA
Fx: +94 11 440440 / 327877
Ref: AHRC – STM – 031-2013
Dear Sir,
Re: No action regarding the complaint of rape against the chief monk of Shanti Viharaya, Kalaniya
I refer to my letter dated February 1, 2013 regarding the rape of a 43-year-old woman by the chef monk of the Shanti Viharaya in Kalaniya.
The victim complains that she has been taken to the police station at Peliyagoda, to the Shanti Viharaya and several other places. However, so far, no action has been taken to arrest the suspect monk or to proceed with the case. The suspect feels that there is an attempt to hush up the case and to leave the monk free. According to the victim she has overheard the police officers at the Peliyagoda Police Station saying that there have been other complaints against the same suspect monk but no action had been taken as he had on other occasions, assisted the police.
The victim also complains that her treatment at the police station shows extreme insensitivity towards a woman who has been subjected to such a devastating and emotionally and psychologically disturbing experience as rape. She says that the chief investigating police officer and even some women police officers who were asked to participate while she was interrogated made jokes at her expense and was using the occasion for their entertainment.
On one occasion the questioning took place over a period of six hours. However, nothing had been written down. She was asked to attend another day and then the same questions were put to her by a woman police officer. The narrating of a rape experience is a traumatising event for a woman and today in many countries police officer is specially trained to deal with such victims with great care and also not act in a manner to re-traumatise the victim. It appears that none of the officers who have dealt with this case have shown any influence such training. In fact, her impression of their behaviour is that most of the time they acted in a vulgar manner.
This incident has happened on January 4, 2013. She has made a complaint in the early morning of the next day. She was warded at the Ragama Hospital for one week and examined by a Judicial Medical Officer. The JMO provided a certificate confirming the examination and also gave the reference to her file which she has already submitted to the police. She has been taken to the scene of the crime and was able to point out all the material evidence which collaborate her version of the events. The police have also taken her blood stained clothes. With all the evidence available the suspect has not been arrested, questioned and produced before a court. Any other suspect would have been arrested with much less evidence and produced in court. Now the police also have 48 hours of investigation however, none of these powers have been utilised to enforce the law.
Meanwhile the police have also tried to create the impression that the victim is not of sound mind. The police officers have gone to neighbourhood houses to inquire about her and also called her former husband for recording a statement. The questions put, suggest that they were trying to make out the case that she is not of sound mind with the view to undermine the credibility of her statement.
You will have seen that in the Sunday Times there was a report that there are five reported cases of rape reported everyday in Sri Lanka. The deterrence of such a crime depends on the capacity and the seriousness with which the cases are investigated and prosecuted. This incident demonstrates that such kind of seriousness or capacity is not demonstrated by the officers who deal with these cases.
We urge that urgent intervention be made to ensure justice for this case and at the same time, as Inspector General of Police make a serious review of the manner in which the police department deals with rape cases. Perhaps as is done in some countries taking advice from psychologists on dealing with rape cases and providing some psychological training for your officers would help in dealing with the rape epidemic that the country is faced with. Neighbouring countries like India after some recent unfortunate incidents have even brought about new legislation to deal with rape cases in a more serious manner. The Sri Lankan people surely deserve no less.
Thank you.
Yours faithfully,
Bijo Francis
Interim Executive Director
Saman Wijesiri / February 6, 2013
IGP must be awaiting instructions from the President. After all,the monk can be a friend of Vermin or some political thug in Kelaniya. How can the IGP enforce the law against a supporter of the regime?
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Shaknutala / February 7, 2013
What are Colombo women’s NGOs doing about this? They get BIG money from donors and consume them on hot air talk shops – wake up Women and Media and do a jig – at least earn your foreign trips
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Katmai / February 7, 2013
Let mothers, wives and daughters of the police officers concerned know which side their “protector” will take if one of them were to get raped by a Buddhist Monkster.
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kaputakukula / February 6, 2013
Unfortunately, the tactics/treatment that Sri Lankan police trained with is only one method. That is brutality, when one gets caught to the police – the police are taught that the truth can be got only by assaulting the person. As the psychologists in this field say “people who are vested with power and authority (eg. police, prison guards etc.) love to watch the suffering and pain of others. They become cinical to these. As such IT IS USELESS TO WRITE TO THE IGP AS HE ALSO COMES FROM THE SAME MUD. May be they will have a little consideration to act if one of their women is abused.
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punchinilame / February 6, 2013
One wishes that someone close to this IGP himself undergoes the same experience, as a divine occurance, for Sri Lankans to be put in their
places!
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justice / February 6, 2013
Matching the DNA from seminal fluid in the vagina of the rape victim,with DNA of the suspect decides the identity of the perpetrater.
Strangely,this procedure common in most countries,is not done in sri lanka,though billions are spent on “law enforcement”.
An upto date Forensic Laboratory is an urgent need.
Rape victims must ideally be interrogated by female police officers.
This is enforced in some countries.
No woman likes to have any contact with the police,especially males.
“JMO provided a report confirming the examination” – he should have given a verdict of whether rape had taken place or not.
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Safa / February 6, 2013
Political immunity? Religous immunity? Immunity of Impunity?
It is a shame that that there is no good samaritan or religous organisation or public interest group or legal aid organisation to take up the case of such victims of crime. One would think that in this thrice blessed land there would be a host of meritorious people to help a poor women.
Not only is this women raped, so is our conscience and our nation.
“Worthless man, it is unseemly, out of line, unsuitable, and unworthy of a contemplative; improper and not to be done… Haven’t I taught the Dhamma in many ways for the sake of dispassion and not for passion; for unfettering and not for fettering; for freedom from clinging and not for clinging? Yet here, while I have taught the Dhamma for dispassion, you set your heart on passion; while I have taught the Dhamma for unfettering, you set your heart on being fettered; while I have taught the Dhamma for freedom from clinging, you set your heart on clinging.” – Buddhas rebuke to Ven Suddina
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Citizen / February 6, 2013
The IGP can seek advice from Sonette Ehlers who had invented the Anti-Rape Condom known as Rape-aXe. She is a South African woman employed as a blood technician. This Condom has the force not only of committing this crime but also of identifying the sex rapists and allow sufficient time for sex victims to escape, because this Condom can only be removed surgically, which means the Doctors and the Police will be alerted and easier to prosecute these criminals. The women will have no fear of this sex rapists and move freely and the Police will be reduced with such burden. Will the politicians, clerics and the Armed Security Force including the Police agree to this method of use.
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Citizen / February 6, 2013
There is a typographical error. It should be read as ‘This Condom has the force of ‘not only denying the fulfillment of committing this crime’ but also of ‘identifying the sex rapists’.
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Katmai / February 7, 2013
This sounds like a device that can unite all religions on the world… in opposing it.
This kind of device can truly hinder path of the men-of-cloth.
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Marwa / February 9, 2013
It is not everyone who can bear to be dispassionate, unfettered and free of clinging to materisalistic delights. You need to be imprisoned (cut off from society) to bring these qualities to the fore. These are faculties that all men and women are born with, and to claim abstinence if falsehood. According to what we know, even Lord Buddha got married,had a son Vipula, and then deserted them and went in search of the true meaning of life. Whereas our monks falsely claim to be celibate from their admission into the seminaries. Men and women were created for each other, for companionship, to show affection, love, caring, resposibilities as parents to offspring, experience joy of being grandparents and such. Not to lead false lives of celibacy (which no man can truly achieve in the proper sense), and thereby acting on natural instincs to breed, and in the course behaving like animals. In my opiniion, Buddhism is a philosophy (way of life to live) that can only be truly practiced when man has reached the latter part (sun set stages) of their lives. It is not for the young and healthy. There are many such convolutions in Buddhism which makes no sense and need explanation. Don’t kill animals but it is Okay to eat meat. Even Lord Buddha (his last meal before passing away) is supposed to have been tricked into eating pork thinking it was meat. How is it Ok to catch/sell/eat fish on Poya days (isn’t that considered a killing of animal?). Sri Lanka is rated as one of highest in liquor consumption, with high government revenue earned from taxes levied on liquor sales. Who is consuming all this stuff? Muslims (even as a minority) dont touch this stuff being strictly prohibited by their religion. It is obvious it is the majority population Sinhala Buddhists, again, going against their religious teachings. And you know what happens after consuming too much, behaving like animals.
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