Wednesday, March 12, 2008

Posted by Buddhi

Interview Transcript

Buddhi: Asela I am on an assignment to do an interview with one of our beneficiaries or staff member. Will you help me?
Asela: Yes definitely,

B: Can you briefly tell me about your role and about your background?
A: I am Aselan Bandara and I am the Co-ordinator of the Human Rights unit of Setik organization. We are manly working with the torture and raped victims in Sri Lanka.

B: That look fine and can you share with me one of the case study of a raped victim?
A: Yes, I came to know abut this case during the 2005 general election time. This young girl was raped by one of the deputy ministers’ personal body guard influencing all his power and this girls’ family was continually threatened not to reveal anything to out. Because of the death threats it was quite difficult for me to trace this family and victim.

B: Sorry to interrupt you. Didn’t you feel it is too risky to handle this case
A: No, we always took up such challenges and this was not a new thing to me.
So when I went to meet her family at her residence I came to know that they have already left their residence because of the death threats of the accused party. At last with lot of difficulties I was able to trace her new residence with the help of one of her relations.
When I met her she was very much reluctant to come out with her story. But finally she made up her mind and started to tell everything what she under went at that particular night.

Incident:
On 14th April 2007 night at about 11.00 p.m when I was staying at my home with my grandmother somebody knocked our door. When we ask who is knocking the door, the person said to open the door, if not will break it. As he didn’t tell his name we didn’t open the door. Then the person broke the door and came in. I recognize him, he hit my grandmother and she fell off at the floor and she could not stand in. I shouted him saying not to hit my grandmother, but he didn’t listen to us and he pick me with his both hands and came out of the house. While my grandmother and myself shouting and asking help without putting me down he ran into the road and there only he put me down. I tried lot to push him away but I failed and he raped me. Nobody came to help me. Then after raping me he ran along the road and could not see where went off. Hardly I got up and walk to one of my aunt’s home. I explain the incident to her and the following morning we went to the police and put a complaint. I told the whole story to the police and later on I get them a medical report also. But nothing had happen because of the power of the accused party. Everyday we got death threats from them and we had to leave our residence also. (Victims name is Dilrukshi Kumari / 19 years of age)


Buddhi: As an organization how did you help the victim?
A: After discussing and studying this case carefully with the lawyer as an organization we decided to handle this case and help the victim as well as to her family. We talked to the O.I.C of the relevant police station and then after they carried out the relevant inquiries.

Buddhi: What is the reason for non-functioning of the police in this regard?
A: It is mainly because of the power of the accused party. And usually the police does not handle the rape victims in a favorable manner.

Buddhi: What is the next step you have taken?
A: Then with all the relevant documents we file a case at the Magistrate court of Gampola. After the first inquiry at the court the case was taken to the high court in Kandy.

Buddhi: So, now the case is hearing at the high court in Kandy?
A: Yes

Buddhi: Now it is almost one year left after the incident. So what is the situation of the victim?
A: From the beginning the victimized girl was mentally gone down, so we provide her counseling service to get back to her normalcy. Few months later Dilrukshi got a marriage proposal and she got marry. Her husband is a member of our HR supporting committee.

Buddhi: What is the HR supporting committee?
A: The supporting committee is a group of volunteers who help us to carry out our HR work. There are grass root level groups, lawyers, government officers, graduates, in the committee.

Buddhi: Now what is the situation of the victim?
A: She is now pregnant and also she is confident to face the court.

Buddhi: What is the outcome of your involvement in this case?
A: First thing is, we were able to get this case soon to the high court. After her marriage because of her pregnancy our lawyer requested to judge giving short date for the trial and the state counselor also agreed for that. Now the case is hearing once in two weeks. 14th of March the prospecting the witnesses of the victim will be finalizing and there after the victim does not need to come to the court until she gets the final decision of the court. Normally court gets quite a long time to do this type of witness prospecting, but due to our involvement we were able to do that so quickly. So, I think this is a good achievement of our involvement.

Buddhi: What do you expect in the future with regard to this case?
A: We, as human rights activist and as an organization we hope we will get the final decision favorably very soon in the court against the perpetrator.




Write up

“A young girl was raped by one of the deputy minister’s personal body guard influencing all his power” said Asela, Setik Human Rights programme Coordinator. He further said this girl and her family was continually threatened not to reveal anything out. He tried to explain the pathetic situation of the powerless grass root level people in Sri Lanka.

The raped poor girl is only 19 years old when she underwent this desperate experience in the year 2005 at the general election period. She was raped in the road at night while she was staying with her grand mother. The perpetrator not only raped the girl he also hit her grand mother hard. After raping the girl the persona had ran away and the girl had gone to one of her aunt’s home. At the following morning the victim and her aunt went to the police to make a complaint the police. While the police was taking down the complaint when they heard that the perpetrator is a personal body guard of the deputy minister they tried to slip off from the complaint and asked the victim to get a medical report. Though she handed over the medical report she and her family found that the police are not very much interesting to do the inquiry. The victimized family had to leave their residence due to the death threats of the accused party.

When Asela - Setik Human Rights programme coordinator found the girl she had mentally gone down with the traumatic experience that she under went. She refused to come out to tell the story. Though it is risky to handle this case with the influence of the politician, counsellor of the HR unit of Setik was able to provide the victim with counseling sessions and to get her back to her normal life. When she built up the confidence and after studying the case carefully Asela said they filed a case against the perpetrator.

“Now the victim got married another person and her husband also involve in this case helping her to bring justice” Asela explained. Normally in Sri Lanka rape cases take quite a long time to get the final decision from the court. But this case was taken to the Supreme Court very soon with the involvement of Setik HR unit. Because of the victims pregnancy “With the request of our lawyer the judge and the state counselor agreed for short date for the trial and the prospecting the witnesses of the victim will be finishing on 14th March 2008” Asela informed. He mentioned that this is a great achievement and also this will be a great help for the victim to get ready for her delivery.


This is just one of the cases handled by SETIK’s human rights programme which is funded by Cafod. Violation of basic rights is a major issue in the present context in Sri Lanka. “We tried to prevent torture at least to some extend and we make the civilians aware on their rights with our human rights activities” explained Asela with the main objective of their human rights programme.

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