(September 21, Colombo, Sri Lanka Guardian) Arukgoda Kankanamge Dotee is a 50-year-old mother from Kalutara South. Fourteen years ago her husband died and her son, a soldier in the Sri Lankan army was killed. Her only daughter, Samitha Madawi (17) is a school student.

On 26 March, 2010, Andaradige Don Priyankara, a clerk of the Kalutara High Court and two other persons abducted this girl and detained her until 11 April during which time she was raped. Her mother complained to the police but, as is usual, no action was taken. Finally the alleged perpetrators presented themselves to the police on the 11th. The police then recorded a statement from this child victim in front of the alleged rapist, Priyankara. Under intimidation she told the police that she had had a love affair with him and as a result she willingly accompanied him.

The case was heard in the Magistrate Court the next day and her mother, Dotee, asked for the custody of her daughter. However, the probation officer with the help of police officers attached to the child and women bureau in the police asked that she be put her under the custody of a detention centre and the Magistrate ordered her to be detained in a Detention centre.

At the detention centre she was sexually harassed by some of the other detainees. They forced her undress and also invited her to sleep with them. They forced her to listen to and explain the meanings of filthy words. They also injured both of ears using pins. Samitha underwent severe mental and physical torture

Her mother Dotee complained to the relevant authorities and an Attorney at Law appeared before the court and explained the matter. The Magistrate ordered Samitha to be handed over to the custody of Dotee and also ordered an examination by a Judicial Medical Officer. The Magistrate also sent a complaint to the Assistant Superintendent of Police.

Dotee admitted her child to a Government hospital where she was treated for four days. The JMO refrained from examining her ear wounds saying that only the other sexual matter was relevant. When Dotee complained about this to the Child and Women Bureau at the police station she was advised not to take these matters further it was an additional burden to give evidence in courts both to the police and the detention centre. However, as a result of Dotee’s continued protests they accepted the complaint and recorded a statement from her child. After that her daughter was examined by a forensic psychiatrist of the Colombo General hospital who ruled that she needed further treatment.

The child was in this detention centre for fourteen days. Her mother Dotee has filed a fundamental rights (FR) application bearing number SC/FR 635/2010. This same detention centre is also a respondent in this FR case. A case bearing number BR 1500/2010 was too filed in the Magistrate Court against the alleged perpetrator, a clerk of the Kalutara High Court who has now been interdicted