SRI LANKA: Justice denied to a student assaulted at Gandara Central College

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that Maddegama Acharige Ishan Maleesha (13) of Devrampura, Kapugama, Devinuwara in the Matara district was a grade 7 student of Gandara Central College. He was assaulted with a pole by the teacher of the same school while he was studying and suffered several injuries. The residents of the victim’s village continuously urged the police and the educational authorities to give justice against the perpetrators. Relatives of the victims complained to the relevant authorities but no one has taken action against perpetrators. This case is yet another illustration of the exceptional collapse of the rule of law in the country. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission received, Maddegama Acharige Ishan Maleesha (13) of Devrampura, Kapugama, Devinuwara in the Matara district male was a student of grade 7 of the Gandara Central College. On 4 March while he was studying in the school he was assaulted by a teacher. First he was questioned about a pigeon which had flown in to the class room, the teacher has forced the student to accept his involvement in chasing out the pigeon and when the student stated that he was not involved, the teacher assaulted about head of the student, shoulder and thigh area, with an albesia stick until it broke. 

Ishan’s father Mr Maddegama Acharige Iresh Kumara, who is a fisherman, learned about what happened to son that evening. Then he saw the marks of injuries suffered due to the assaults and went to the temple with the victim child where the reverend monk, who is the acting principal of the Gandara Maha Vidyalaya is residing, and informed about the incident to the Monk, showing all marks of the assault and requested him to take the necessary action. 

Later, in the evening of the same day they went to the house of the suspected teacher Mr. Cyiril Abeydeera who assaulted the child and after showing the marks caused due to his assault, questioned the teacher for the reason for such an inhuman assault. Then he stated that according to an incident in the school he gave several blows and even that was done with the intention of correcting the student properly. 

Thereafter in the evening of the same date Ishan was admitted to the Thalalla Rural Hospital and was warded for 5 days. At the same time the farther of the child made a complaint to the Gandara Police Station on the incident on the same day. 

Meanwhile the people of the village organized a discussion on Sunday, 20 March 2011, in the village area, to educate the villagers on this assault and the reaction of the educational authorities on bringing the justice to the incident. About 83 villagers participated. At the meeting, participant expressed their anger learned that there had been four previous assaults by the same teachers Mr. Cyril Abeydeera and Sarath Amarasooriya of Gandara Maha Vidyalaya. They explained about the brutality of these teachers towards the students who had faced to similar assaults. In those cases although some parents had forwarded their complaints to the Zonal Director of Education and the Rev. Monk, the acting principle but no investigation had started yet. 

Officers of the Gandara Police Station also did not initiate any investigation so far. Still the perpetrators have not been arrested or any legal action has not been initiated. The victims seek justice for the incident and seek protection for the victims and the witnesses of the case. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by the Sri Lankan by officers attached to the different departments including police which are illegal under international and local law which have taken place at different places in the country over the past few years. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION: 
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations of torturing by the perpetrator and the prosecution of those proven to be responsible under the criminal law of the country. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the educational department. 

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment on this regard. 

To support this case, please click here: SEND APPEAL LETTER