Dear friends,
Asian Human Rights Commission (AHRC) has received information about the alleged brutal assault of a 15 year-old student by his teacher at the school on 15 March 2007. The victim was severely beaten, sustained injuries and was hospitalised for three days after the incident. It has been reported that the school principle and teachers are trying to discourage the victims family from lodging a complaint about the case. The victims father had complained about the brutal assault by teacher at the school to the relevant authorities including the police, the Human Rights Commission of Sri Lanka and the Police Children and Women Bureau, however no official police inquiry into this case has yet been taken.
CASE DETAILS:
According to the information we have received, a 15 year-old grade 10 student Dinushka Lakmal Fernando was allegedly assaulted by some students from other grades on 15 March 2007. No teachers witnessed the incident. The school principal ordered the victim and two other boys to go and see a teacher named Padmalal. The victim then went to see this teacher and there he was allegedly severely beaten about his cheek and neck without being asked anything about the reason why he was there by the principal. The school teacher Padmalal also hit the back of the victim’s severely and his legs and hands were beaten with a cane stick until it was broken. Once the cane stick was broken, the teacher ordered the victim to kneel down and kicked him on his chest saying.
After the victim returned home from the school on that day he was vomiting and told his family of a severe headache. The victim’s family brought him to the Panadura Government hospital and he was admitted and remained there until 17 March 2007. While the victim was in the hospital, at around 11:00 am on March 16, two persons who said that they were from the old boys union of the school went to see the victim and made some inquiries. It is not known what they asked to the victim now. The victim’s father suspects the visit of these two people because they visited the victim outside of the normal visiting hours of the hospital.
At around 12:00 at noon on March 16, the school principal and four teachers including Sarath Kulathunga and Thilak, came to visit the victim. It has been allegedly said that Sarath Kulathunga threatened the victim saying that the victim and the family will receive huge damage if they bring the case to the court.
Later on that same day, the school principal, Sarath Kulatunga and Thilak and two other teachers who visited the victim to the hospital went to the victim’s house to find the father of the victim. The victim’s father was out from the house. However the four teachers asked the victim’s mother to settle the problem without lodging the case in court and said that they will offer money for medication of the victim if necessary. At around 4:00 pm on the same day, a person from the school Welfare Board came to the victim’s house and called the victim’s father to talk about the case however the father refuse to talk with the person.
Meanwhile, at around 2:00 pm on March 16, the Hospital Police Post took a statement of the case from the victim. The victim’s father sent written complaints to the Chairman of the Human Rights Commission of Sri Lanka, Inspector General Police (IGP), Senior Superintendent of Police (SSP) Panadura, Officer in Charge (OIC) Police Child and Women Bureau, Secretary of the Ministry of Education, and Director of National Schools, Ministry of Education later on that day.
On the next day at around 11:30 am, the hospital’s judicial medical officer examined the victim and took a statement from him. The victim was discharged from the hospital at around 12:30 pm on March 17.
The victim did not return to school until March 20 since he suffered from severe headaches for two days after he was discharged from the hospital. On March 20, the victim was called to the school principal and allegedly threatened not to file a legal case against teacher Padmalal otherwise he would face problems.
Later on that day, the victim was handed a letter from his class teacher which demanded the victim’s parents to be present at the school at 8:30 am on March 21 to talk about the victim’s bad behaviour at the school prior to the victim received severe assault by the teacher. The victim has been receiving threats from the teachers of the school about the complaint he made against the authorities since then.
The AHRC condemns that the brutal assault of the teacher against the victim as criminal offence and undisciplined act that the teachers could take at the school to the children. The United Nations Convention on the Rights of the Child (CRC) demands its state parties to provide necessary protection to the children in the country from all forms of physical violence, injury and abuse. No amount of misbehaviour by a student justifies physical abuse of any nature.
Therefore, the AHRC demands that the Sri Lankan authorities immediately investigate this case, and further urges them take all disciplinary actions against the teacher who allegedly assaulted the victim at the school. In addition, we urge the relevant Sri Lankan authority to ensure the victims education opportunity so that the victim can receive his education without being interrupted by undisciplined school teachers.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take an immediate action into the alleged violent assault of a student and provide legal remedies to the victim immediately.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: An alleged brutal assault of a 15 year-old student by teacher
Name of the victim: Dinushka Lakmal Fernando, a 15 year-old student at the Sri Sumangala Collage, Panadura 366, Nalluruwa Panadura, Sri Lanka
Alleged perpetrators: Teacher named Padmalal at the Sri Sumangala Collage
Place of incident: At the Sri Sumangala Collage, Panadura 366, Nalluruwa Panadura, Sri Lanka
Date of incident: 15 March 2007
I am writing to you to express my deepest concern about the alleged brutal assault of a 15 year-old student by a teacher of the Sri Sumangala College on 15 March 2007.
According to the information I have received, the victim was allegedly assaulted by some students from other grade while no school teachers were seeing the incident on March 15. The school principal ordered the victim and two other boys to go to see a teacher who is called Padmalal. The victim was beaten severely on his cheek and neck by teacher Padmalal without being asked anything about the reason why he was sent to see him by the principal. Padmalal also hit the victim’s back of the neck severely and legs and hands were beaten by a cane stick until it was broken. Once the cane stick was broken, the teacher ordered the victim to kneel down and kicked his chest saying bring the victim’s parents to the school for no reason.
I learned that the victim vomited and had severe head ache after he came back from the school on that day. The victim’s family brought the victim to the Pandura Government hospital and he was admitted to the hospital immediately and stayed at the hospital until 17 March 2007.
While the victim was in the hospital, at around 11:00 am on March 16, two persons who claimed that they are from the old boys union of the school came to see the victim and made some inquiries. It is not known what they asked to the victim now. The victim’s father is suspecting that something is wrong in the visit of these two people because they visited the victim in not during visiting hours of the hospital.
At around 12:00 at noon on March 16, the school principal and four teachers including Sarath Kulathunga and Thilak, came to visit the victim. It has been allegedly said that Sarath Kulathunga threatened the victim saying that the victim and the family will receive huge damage if the victim wished to file the case to the court.
Later on the same day, the school principal, Sarath Kulatunga and Thilak and two other teachers who visited the victim to the hospital went to the victim’s house to find the father of the victim. However the victim’s father was out from the house, the four teachers started to talk to the victim’s mother asking settle down the problem and said that they will offer money for medication of the victim if necessary. At around 4:00 pm on March 16, a person from the school Welfare Board came to the victim’s house and called the victim’s father to talk about the case however the father refuse to talk with the person.
Meanwhile, at around 2:00 pm on March 16, the Hospital Police Post took a statement of the case from the victim. The victim’s father sent a written complaint to the Chairman of the Human Rights Commission of Sri Lanka, Inspector General Police (IGP), Senior Superintendent of Police (SSP) Panadura, Officer in Charge (OIC) Police Child and Women Bureau, Secretary of the Ministry of Education, and Director of National Schools, Ministry of Education on March 16.
At around 11:30 am on March 17, the hospital’s judicial medical officer examined the victim and took a statement from him. Later on that day at around 12:30 pm, the victim was discharged from the hospital.
The victim returned to the school on March 20 since he suffered from severe head ache for two days after he was discharged from the hospital. On that day, the victim was called from the school principal and allegedly threatened not to file a legal case against teacher Padmalal otherwise the victim will be facing problems.
Later on that day, the victim was handed a letter from his class teacher which demanded the victim’s parents to be present at the school at 8:30 am on March 21 to discuss the victim’s bad behaviour at the school before the victim received severe assault by the teacher.
I strongly condemn the brutality and violence against the victim by the school teacher as such actions would fall into the violence against children that has been demanded to be protected by the state authorities under the United Nations Convention on the Rights of the Child (CRC) to which the Sri Lankan government is a state party.
I therefore urge your immediate action into this case in ensuring the investigation into the case be taken without delay, and provide all necessary assistance for the victim and his family to seek legal remedies for this case. I also urge the concerned authorities relevant to education right of the childen take all disciplinary actions against the teacher who allegedly assaulted the victim at the school. In addition, I urge the Sri Lankan authority to ensure the victims education opportunity so that the victim can receive his education without being interrupted by undisciplined school teachers.
Lastly, I urge the Sri Lankan government to act in accordance with the provisions of the Convention on the Rights of the Child and take actions to strengthen the mechanism to protect the children from all forms of physical violence, injury and abuse in the country.
I look forward your immediate and sincere action to this case.
Yours truly,
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PLEASE SEND YOUR LETTER TO:
1. Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk
2. Minister for Education
Ministry of Education
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
3. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
5. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
6. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org
7. Mr. Vernor Munoz
UN Special Rapporteur on the right to education
Attn: Isabelle Sevin
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9117
Fax: +41 22 917 9006 (ATTN: SPECIAL REPPORTEUR EDUCATION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
