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Death of girl at Bathiudeen's house: Court permits 48-hr detention

24 Jul 2021

  • Members of Bathiudeen’s family arrested 
  • 20 statements recorded; scientific/tech evidence collected 
  • Charges include trafficking and cruelty 
  • Detention orders obtained for questioning 
  • Victim faced restrictions on family contact: Rights groups 
BY YOSHITHA PERERA  The Colombo Chief Magistrate's Court yesterday (24) granted permission to the Police to detain for 48 hours and interrogate the four suspects, including the wife of former Minister Rishad Bathiudeen, who were arrested last Friday (23) over the death of a 16-year-old child who was employed as a housemaid at the ex-Minister's house.  Police Media Spokesman Senior Deputy Inspector General of Police (SDIG) Ajith Rohana said that the Police had arrested imprisoned Opposition MP Bathiudeen; his wife, 46-year-old Sheyabdeen Ayesha; her father, 70-year-old Mohammed Sheyabdeen; and the broker on Friday.  The MP’s brother-in-law has also been arrested on suspicion over the alleged rape of another domestic worker in Bathiudeen’s household.  He added: “The Borella Police Divisional Children and Women’s Bureau and the Colombo South Divisional Crimes Detection Bureau are conducting a joint investigation into the matter.”      Rohana said that so far, the investigation units had recorded 20 statements from several individuals, adding that the detectives had collected scientific and technical evidence in relation to the teenager’s death.   “The 20 statements include those from another two domestic workers, aged 22 and 32 years, who worked at Bathiudeen’s house. Both women are residents of the Dayagama area in Hatton which is also where the deceased hailed from.”  According to the investigations, it was also revealed that the 22-year-old woman was sexually harassed during the 2015-2019 period at Bathiudeen’s residence at Mackenzie Road in Colombo by Bathiudeen's brother-in-law Sheyabdeen Ismadeen. The Police also arrested 44-year-old Ismadeen over the charges of raping the woman.  He explained: “Detectives considered the contents of the postmortem report and it was revealed that the suspects committed offences under Section 360 (c) of the Penal Code (trafficking) and Section 308A of the Penal Code (cruelty to children).”  Rohana noted that the suspects will be produced in court under the Code of Criminal Procedure and according to the law, if a Superintendent of Police (SP) produces a B report to the Court, the Police can obtain a detention order for 72 hours against the suspects. He further elaborated: “The Police will obtain a detention order in order to carry out further investigations.”  Meanwhile, last week, according to the post-mortem report of the 16-year-old child, it was revealed that the child had been sexually abused for a prolonged period and that there were signs of chronic vaginal penetration.  The 16-year-old girl in question was hospitalised with burn injuries on 3 July while working as a housemaid at Bathiudeen’s residence in Bauddhaloka Mawatha, Colombo. She died on 15 July while receiving treatment at the Intensive Care Unit (ICU) of the National Hospital of Sri Lanka in Colombo. She was also a resident of Diyagama West in Agarapathana and had been brought by a broker to Bathiudeen’s residence in October 2020, when she was 15 years old.  Bathiudeen, who is presently detained under the Prevention of Terrorism Act (Temporary Provisions) Act over his alleged involvement in the Easter Sunday terror attacks, is also receiving hospitalised treatment for an illness.  Meanwhile, 30 children’s and women’s rights protection organisations released a joint statement last Friday, urging the relevant authorities to protect children’s rights and to end impunity concerning child labour, child trafficking, and child sexual exploitation.  In the statement, it was mentioned that during the period of employment at Bathuideen’s residence, the victim was only permitted to communicate with her family a few times over the phone and that she was denied visits to her family, noting also that she had died without seeing her family members for nearly a year.  It was also mentioned in the statement that according to the Employment of Women, Young Persons, and Children Act, No. 47 of 1956, children aged between 16 and 18 can be employed for a common good. But before employment, the relevant Labour Commissioner should be informed of the reason for doing so. Further, the law states that no one can employ a child in such a manner as to prevent the child from attending school.  “Therefore, the victim’s employment as a domestic aide is improper, as her education had been disrupted. Furthermore, the postmortem report states that the victim had been sexually abused for some time. In terms of the Penal Code, sexual exploitation is an offence and sexual harassment at the workplace is a punishable crime too,” the statement mentioned.  Highlighting the visibility of the phenomenal increase in incidents of domestic violence, sexual abuse, and general violence against women and children, the rights groups said that in the Batticaloa District alone, in the last six months, 14 child sexual abuse cases and 63 cases of violence against children have been recorded.  Also criticising the structure of the National Child Protection Authority (NCPA) and the Women and Children’s Welfare Division of the Police, the rights groups mentioned that these institutions must work impartially and fearlessly to ensure justice in terms of the complaints received concerning incidents of child abuse and exploitation.  “This must be stressed, as none of the above structures were able to carry out their duties in an effective and efficient manner, despite the escalating violence against children during the period when travel restrictions were in force,” it further said.  They also urged the respective ministers, Justice Minister M.U.M. Ali Sabry PC and Education Minister Prof. G.L. Peiris, to create an effective mechanism including structural reforms within a legal framework in order to inquire into cases involving children and to establish procedures to ensure the sentencing of offenders expeditiously.     

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