SRI LANKA: A 75-year-old victim of rape and her family seek justice

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 under-utilised continues to be employed as a tool by the police to harass people. This not only takes a long-term 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 case, please click here: SEND APPEAL LETTER