SRI LANKA: Student tortured at Horana Thakshila Primary School

Dear friends,

A 14-year-old school child, Uve Adikarige Shashendra Sampath of Horana Thakshila Primary School was severely tortured by a teacher on 20 October 2011. This assault has happened despite the assurance of the government that violence against school children would be closely monitored. This case is yet another illustration of the fact that the authorities are only paying lip service to their responsibilities when it comes to providing protection to the citizens of the country.

CASE NARRATIVE:

According to the information that the Asian Human Rights Commission (AHRC) received, a student, Uve Adikarige Shashendra Sampath of Horana Thakshila Primary School was severely tortured by a school teacher on 20 October 2011.

Shashendra is permanent resident of “Sethsevana”, Poruwadanda, Horana in Kalutara District. He studied at Grade 9 of the Horana Thakshila Primary School.

On 20 October, as usual Shashendra attended to school. While Shashendra was in his class room a teacher, Miss Mali who is also known as ‘Podi Miss’ came to him and searched Shashendra’s pockets. The teacher found a hundred rupee note in one of his pockets.

The teacher then questioned Shashendra as to why he had a hundred rupee note in his possession. Shashendra explained to the teacher that it was money that he had brought from home. He further explained the teacher that he brought the money to buy a birthday card for one of fellow students and for a reload for his mobile.

Without warning or further questioning the teacher started to slap the child. She then brought a cane and started to beat Shashendra severely. Shashendra was beaten more than 20 times with the cane. He suffered severe pain and started screaming, begging the teacher not to beat him. However, Miss Mali ignored the pleading of the child and continued with the beating.

Shashendra was beaten in front of hundreds of fellow students. He was severely traumatised both mentally and physically by this ill-treatment by his teacher which under the CAT Act (Act No. 22 of 1994) constitutes torture.

As a result of beating Shashendra suffered several injuries on his legs, back and buttocks. Several of the wounds on his legs started to bleed. With the assistance of fellow students and some teachers Shashendra was brought to the Horana Government Hospital and in turn transferred to the South Colombo Teaching Hospital for further treatment.

While Shashendra was treated in the teaching hospital the Judicial Medical Officer (JMO) examined him and clearly noted several marks of injuries on his body. Shashendra noticed that the JMO clearly noted six major marks of injuries on the calves caused by the caning.

Later the doctors referred Shashendra for further examination at the Ear, Nose and Throat (ENT) clinic of the hospital for further examination. However, this report is still pending.

Shashendra states that the teacher never questioned him or accused him of committing any crime before, during or after the assault. Further he was not given any reason for the beating. According to the law of the country corporal punishment has been criminalized by law and torturing students at school is supposed to have been completely prohibited. It is considered a punitive action. When it comes to disciplinary action this can only be instituted after an inquiry by the disciplinary teacher of the school or the disciplinary committee appointed by the principle. Quite apart from the law being introduced recently corporal punishment at schools was prohibited as long ago as 2005 by the regulations of the educational department.

Shashandra states that neither the principle nor any teacher who holds such disciplinary authority inquired anything before or after the assault on him. He further states that he believed that the teacher punished him with cumulative anger the cause of which is unknown to him as yet. Shashandra also states that two days before this incident (18 October) he was verbally abused by the same teacher. The behavior of the teacher terrorised not only Shashandra but the other students as well.

Shashendra states that while he was treated in hospital he learned that the teacher who is from Weligampitiya in Pokunuwita in Kalutara District, was later arrested by the Horana police. She was then produced before the Horana Magistrate and later enlarged on person bail on the same day with two sureties. If convicted of torture under the CAT Act she is liable to serve seven years of rigorous imprisonment and fined Rs. 10,000/=.

Shashendra and his parents appeal to the law enforcement authorities of the country to initiate an investigation into the incident impartially and prosecute the perpetrator under the relevant legal provision.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by different state authorities in Sri Lanka which are illegal under international and local law which have taken place at different state premieres including different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution “No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that ‘all persons are equal before the law and are entitled to the equal protection of the law’.

Further state of Sri Lanka has not ratified the International Convention on the Rights of Persons with Disabilities and its Optional Protocol.

International Covenant on Civil and Political Rights (ICCPR)
Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
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 state perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the educational department. Further, please also request the Minister of Education and the Secretary of Education of Central Government of Sri Lanka to have a special investigation into the case of torturing and abusing the state officers’ powers illegally in favor of private parties.

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 and to the Chairperson of the Committee on the Rights of the Child on this regard.

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