Tangalle Rape Suspects Get Stringent Bail Conditions
By Niranjala Ariyawansha
The National Child Protection Authority (NCPA) says that the suspects in the rape of an under-aged girl in Tangalle were given very stringent bail conditions. This was ordered by the Magistrate of Tangalle Justice Uresha de Silva on August 18. The bail conditions included Rs. 25,000 cash bail and two sureties for Rs. 1 million each. The suspects were asked to surrender their passports to court whilst those not in possession of passports were ordered not to obtain one. They were also ordered to report each Sunday at the office of the Asst. Superintendent of Police, Tangalle.
Nilupul Jayawickreme the owner of Namal Restaurant and Guest House where the offence was committed was not given bail. He was further remanded. A total of 22 people were taken into custody and remanded for the offence. One person is still absconding and the second charge against Nilupul Jayawickreme is for misleading the Court with regard to this suspect. Nilupul Jayawickreme’s 18 year old son Isuru is also a suspect in this case. Nilupul had produced his younger son who is 14 years of age and had misled the Court by saying that he had only one son.
A senior officer of the NCPA confirmed that investigations into this case were almost complete and as such the lawyers appearing for the suspects were able to obtain bail. Inspector Bopitiya of the NCPA is investigating further and will also further charge Nilupul Jayawickreme for cruelty for substituting the younger son in court instead of his 18 year old elder son.
The victim is being rehabilitated at a children’s home under the care of the NCPA and is making progress. On completion of her treatment and rehabilitation she will be entered to a school to finish her education.
A former Chairman of the NCPA Prof. Harendra de Silva said, “The cases are heard in some order. Since interest will wane cases go down. Officials are not that interested. Even peons can do this. Officials in the Attorney General’s Office are not interested. We are unable to comment on ongoing cases. We will then be breaking the law. This a problem for the officials who are administering the law. Their conduct is not that efficient. They want to satisfy the government. The law has loopholes too. The suspects get bail because of this. There is also the problem of suspended sentences for rape”.
Prof. de Silva added that some cases were withdrawn by the AG’s Office and due to the delays in the legal process society too does not remember them in the long term.
Kalyananda Thiranagama, Director, Lawyers for Human Rights said that the legal delays in prosecuting rape cases allows the suspects to believe that it is not a grave crime. He felt that this should be a non bailable offence and that suspended sentences too should not be given if the suspects are found guilty.
Meanwhile the Chairman of the Akuressa Pradeshiya Sabha, Saruwaliyanage Sunil and the other suspects in the case where a 14 year old girl was raped are yet in remand.
So with 25,000/- and a one million sureties, is that justice enough? The vultures are let loose to go seek revenge and then prey on to their next victim. Is this right decision taken by our law abiding top notch. If this is Justice and if this is right thing, What have they decided for the poor victim what does she get? has she even been given the right rehabilitation, has she been given protection from those who destroyed and who are now let out on Bail? What will be her future?
What a lot of people cannot understand that internally they are broken shattered and futures destroyed. You see Children turn into great citizens too they have hopes of becoming doctors, lawyers, ministers even future presidents, what happens to these hopes and aspirations when such crimes are committed against them? Yes destroyed, in their young minds they think they have no further hope, and also in some cases they think it is a way of life and that it is normal to be raped whenever it happens again to them as they are open targets to prowling maniacs.
It is only when a child is young that we can instill good and bad in them it is easy to corrupt a young fresh mind, they are gullible and need to be educated towards the right paths that is why these maniacs prefer to target children as they know a child is not corrupted and they can easily get away with the act if they tell the child it is all right and it what needs to happen. So the child gets raped and raped again over and over until he or she ends either dead or on the streets selling themselves as this is the only trade they know from their childhood. Most prostitutes are subjects of childhood rape.
It is not the incident itself that hurts it is the trauma that lingers the nightmares some children never ever become normal beings, some make it through with the right rehabilitation, but I do not know what they do in Sri Lanka when a child is raped, do at least the doctors explain to them what has happened to them. Are all children been sent to the hospital for inspection of the physical damage caused, what about those that are never reported by the parents as they think it is a shame?
After the physical treatment is done they need to think about the emotional treatment the mind-set of each individual works in different ways some become stronger some get withdrawn some can talk about the incident some cannot now these the ones we need to be careful of the ones that cannot express themselves their mind-sets can erupt at any given time for the better or the worse most times the worse.
They need to monitored for a long period of time even if they show sign of been normal they need to be monitored and they need to be told frankly that they were violated which is not RIGHT, they need to be told that they SHOULD NOT LET IT HAPPEN AGAIN, They should so be told that it is NOT THEIR SHAME!, this is the mistake that any parent or guardian of a rape victim could do tell them to hush up as it is a SHAME!, rape is not a shame, rape is not a disaster, rape is not to COMMIT SUICIDE!.
They need to be told that they can and they need to do better they can still have their hopes and aspirations and that it is not the end of anything for them that they can lead normal lives. Mostly they need to be with positive people who can let them flourish and grow. Reassurances are most required for these little children they rely on reassurances most time.
I wish one day I would be able to give my expertise to my own women my own children back home Once again I reiterate I know what the go through I know the pain I know the agony must be even worse for a child. I know and feel their trauma as I have trod similar paths too.
Just as we thought all rape suspects are given bail sooner or later in this “Wonder of Asia” since its done by one of government rapists. Not to mention Dullas the neckless told the other day that its not a grave crime since same happened in UNP era. What a great explanation.
Sri Lankan so called legal system is most corrupt, most incompetent of whole world. Even African countries have better justice system. Will the government change this. Hell no. Then all the pro government criminals and rapists will be in trouble!