SRI LANKA: A 75-year-old victim of rape and

her family seek justice

November 22, 2013

ASIAN HUMAN RIGHTS

COMMISSION-URGENT APPEAL PROGRAMME
Urgent Appeal Case: AHRC-UAC-145-2013

22 November 2013
-----------------------------------------------------SRI LANKA: A 75-year-old victim of rape and her family seek justice
ISSUES: Denial of justice; violence against women; fair trial; witness
protection; impunity; rule of law
-----------------------------------------------------Dear friends,
The Asian Human Rights Commission (AHRC) has received
information that a 75-year-old was raped and the officers of the
Thalathuoya police are protecting the perpetrator who, allegedly, has
been involved in a prior case. Suppiah Veerai (75), a resident of
Kirimatiya Estate, Nugaliyadda, Thalathuoya in the Kandy District was
alone in her house when the assailant entered through a window,
assaulted and raped her. Veerai and her family reported the matter to
the Thalathuoya Police Station but discovered that the officers of that
station are shielding the culprit and instead, allowing him to threaten
the victim and her family members.
This case is yet another illustration of the exceptional collapse of the
rule of law in the country.
CASE NARRATIVE:
According to the information received, Suppiah Veerai (75) is residing

at No: 124, Kirimatiya Estate, Nugaliyadda, Thalathuoya in the Kandy District. Veerai, a grandmother
of 75 years of age, was living alone as her five married children, three sons and two daughters, moved
to Colombo. Her husband, Suppiah, died five years ago. Veerai worked in an estate which was later
converted to a farm by the Elephant House Group of Companies.
She was living in the Estate's Line Room by herself and her grandsons used to provide food for her.
On 26 September, 2013, at 11.30 pm a person entered her premises through a window and when
Veerai saw a light on in the room she went to investigate. Her assailant silenced her by placing his
hand over her mouth. Veerai identified the suspect as Arumugam Ganeshan who was also living in the
same area.
Veerai fought with the man vigorously. She was able to bruise his face until he overpowered the old
lady and raped her. When Veerai shouted for help the neighbors responded but Ganeshan was able to
flee the scene of the crime. Geethanjali, one of Veerai's grand-daughters found her lying on the floor
with several wounds and with the help of the neighbours she was taken to another house.
The following day, 27 September, one of her daughters, Rani returned home and took Veerai to the
Thalathuoya Police Station (Kandy Police Senior Superintendent of Police's Division) and made a
complaint.
Veerai was then admitted to the Thalathupoya Government Hospital on the same day and was treated
until 3 October, 2013. However due to her poor health she was re-admitted to the Thalathuoya
Hospital on the 6 of October and was transferred to the Peradeniya Teaching Hospital on 7 October
for further treatment and discharged on 10 October. Veerai was speechless for many days and
suffering with a spinal injury.
Arumugam Ganeshan was arrested by the Thalathuoya Police and produced before the Magistrate of
Kandy but was released soon after. On 30 September the accused threatened the family of Veerai. In
particular he threatened Shanthi, one of the daughters of Veerai, with death if they proceed with the
case. The accused previously raped another old woman by the name of Thaiamma living in the same
area. He was arrested and the police officers settled the matter without producing him in court.
The accused complained to the police, saying that he was threatened by Veerai's family who, in turn,
state that the complaint is baseless and aimed at misleading the police investigation. However, when
the family members approached the police to make a complaint about the threats made by the
accused, the officers did not allow them to proceed and refused to record their complaint. It is now
apparent that the police officers are acting on the complaint made by the accused after the incident
but not the complaint made by the victim.
The relatives of Veerai have since learned that the suspect used to work at the houses of the police
officers and helped them in their personal matters. Amongst other jobs he paints the houses of the
police officers and therefore it has become evident that they are protecting him.
Further, the relatives learned that the investigating police officers who recorded the statements of the
doctors who treated the victim intentionally did not record the necessary findings of the doctor in
relation to the act of rape. The officers intentionally failed in their official duties to investigate and
submit the necessary evidence to the court for a successful adjudication process. Hence the victim
and her family feel that this is a blatant violation of her rights.
As the police did not investigate the complaint of threats Veerai and her family are in fear of their lives.
Veerai and her family are pleading for protection for themselves and their children. Furthermore, they
are seeking speedy justice as this alone will alleviate the threat and danger to the old woman and her
family.
ADDITIONAL COMMENTS:
The Asian Human Rights Commission (AHRC) has reported innumerable cases of the victims of rapes
and violence against women and children. In the last few decades the Asian Human Rights
Commission has issued hundreds of Urgent Appeals and made interventions at several UN Agencies
on the situation of women and children in Sri Lanka who live without the proper protection of law. It
has reiterated the necessity of proper implementation rule of law and the provision of the protection of

law to its citizens with special attention for the protection of victims of rape and other sexual violence.
The continuous failure of law enforcement agencies and the direct involvement of the executive and
political authorities have helped the criminals and created impunity in the country while bringing the
fate of women into a more vulnerable situation.
Further the Asian Human Rights Commission has observed that the victims of crimes have faced
enormous harassment; on several occasions the witnesses and the victims have been killed by the
perpetrators. The AHRC has continuously urged the state of Sri Lanka on the necessity of adopting a
witness protection law and implementing a successful witness protection mechanism to verify the
smooth running of the rule of law system. The state of Sri Lanka is bound to implement the legal
provisions of the International Covenant on Civil and Political Rights (ICCPR) as it has signed and
ratified the convention. Nevertheless the lack of protection offered to those who are willing to take
cases against criminals, abusive police officers and state authorities, means that the law is underutilised continues to be employed as a tool by the police to harass people. This not only takes a longterm toll on the victims and their families, but on society as a whole, by undermining civilian respect for
the law and encouraging impunity.
SUGGESTED
ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and
requesting an immediate investigation into the case rape and the witness protection. The criminal as
well as the police officers who are having lethargic approach to investigate the crimes must also be
tried before a court of law for breaching the laws of the country and also should be subjected to
internal investigations for the breach of the department orders as issued by the police department.
Please note that the AHRC has also written a separate letter to the Special Rapporteur on violence
against women on this regard.
To support this appeal please click here:
SAMPLE LETTER:
Dear ________,
SRI LANKA: A 75-year-old victim of rape and her family seek justice
Name of the victim: Suppiah Veerai (75), residing at No: 124, Kirimatiya Estate, Nugaliyadda,
Thalathuoya in the Kandy District
Alleged perpetrator: Arumugam Ganeshan and police officers attached to the Thalathuoya Police
Station
Date of incident: 26 September 2013
Place of incident: Thalathuoya Police Division
I am writing to express my serious concern over the case of the rape of a 75-year-old woman in the
Kandy District, Suppiah Veerai (75) is residing at No: 124, Kirimatiya Estate, Nugaliyadda,
Thalathuoya. Veerai, a grandmother, was living alone as her five married children, three sons and two
daughters, moved to Colombo. Her husband, Suppiah, died five years ago. Veerai worked in an estate
which was later converted to a farm by the Elephant House Group of Companies.
She was living in the Estate's Line Room by herself and her grandsons used to provide food for her.
On 26 September, 2013, at 11.30 pm a person entered her premises through a window and when
Veerai saw a light on in the room she went to investigate. Her assailant silenced her by placing his
hand over her mouth. Veerai identified the suspect as Arumugam Ganeshan who was also living in the
same area.
Veerai fought with the man vigorously. She was able to bruise his face until he overpowered the old
lady and raped her. When Veerai shouted for help the neighbors responded but Ganeshan was able to
flee the scene of the crime. Geethanjali, one of Veerai's grand-daughters found her lying on the floor
with several wounds and with the help of the neighbours she was taken to another house.
The following day, 27 September, one of her daughters, Rani returned home and took Veerai to the
Thalathuoya Police Station (Kandy Police Senior Superintendent of Police's Division) and made a

complaint.
Veerai was then admitted to the Thalathupoya Government Hospital on the same day and was treated
until 3 October, 2013. However due to her poor health she was re-admitted to the Thalathuoya
Hospital on the 6 of October and was transferred to the Peradeniya Teaching Hospital on 7 October
for further treatment and discharged on 10 October. Veerai was speechless for many days and
suffering with a spinal injury.
Arumugam Ganeshan was arrested by the Thalathuoya Police and produced before the Magistrate of
Kandy but was released soon after. On 30 September the accused threatened Veerais family. In
particular he threatened Shanthi, one of Veerai's daughters, with death if they proceed with the case.
The accused previously raped an old woman by the name of Thaiamma living in the same area. He
was arrested and the police officers settled the matter without producing him in court.
The accused complained to the police, saying that he was threatened by Veerai's family who, in turn,
state that the complaint is baseless and aimed at misleading the police investigation. However, when
the family members approached the police to make a complaint about the threats made by the
accused, the officers did not allow them to proceed and refused to record their complaint. It is now
apparent that the police officers are acting on the complaint made by the accused after the incident
but not the complaint made by the victim.
Veerai's relatives have since learned that the suspect used to work at the houses of the police officers
and helped them in their personal matters. Amongst other jobs he paints the houses of the police
officers and therefore it has become evident that they are protecting him.
Further, the relatives learned that the investigating police officers who recorded the statements of the
doctors who treated the victim intentionally did not record the necessary findings of the doctor in
relation to the act of rape. The officers intentionally failed in their official duties to investigate and
submit the necessary evidence to the court for a successful adjudication process. Hence the victim
and her family feel that this is a blatant violation of her rights.
As the police did not investigate the complaint of threats Veerai and her family are in fear of their lives.
Veerai and her family are pleading for protection for themselves and their children. Further they are
seeking speedy justice as this alone will alleviate the threat and danger to the old woman and her
family.
I request your urgent intervention to ensure that the authorities listed below instigate an immediate
investigation into the allegations of failure in investigation of case of rape and the threatening of the life
of the witness and her family. Further the prosecution of those proven to be responsible under the
criminal law for not implementing the criminal law of the country and instead protecting the criminal
and encouraging the existing situation of impunity. The officers involved must also be subjected to
internal investigations for the breach of the department orders as issued by the police department.
Furthermore, as the identity of the rapist is known to the victim, her family, and the police there is no
excuse for further delay in arresting and prosecuting him.
Yours sincerely,
--------------------PLEASE SEND YOUR LETTERS TO:
1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk
2. Mr. Sarath Palith Fernando
Attorney General
Attorney General's Department

Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk
3. Secretary
National Police Commission
3rd Floor, Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: npcgen@sltnet.lk or polcom@sltnet.lk
4. Secretary
Sri Lanka Human Rights Commission
No: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)