SRI LANKA: A 17-year-old schoolboy victimized by education and policing institutions of a failing system

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged assault and arbitrary deprivation of a 17-year-old schoolboy’s right to education by his school principal for more than 4 months, despite education department directives to the contrary. When his parents complained to the police, they were threatened and pressurized by the Ja Ela police OIC and ASP to withdraw the complaint. When they complained to the Police, Women and Children’s Bureau in Colombo, the matter was simply transferred back to the Ja Ela police. Then conciliation board members attempted to coerce them into settling the matter. Finally the inquiring officer at the Human Rights Commission treats them with disrespect and disdain. Meanwhile, the victim, who is to sit for his Ordinary Level Examination this December, continues to be deprived of his right to education. No disciplinary or legal action has been taken against the errant school principal.

CASE DETAILS: (Based on the victim and his parent’s testimony)

On 29 May 2007 about noon, a school prefect (leader) named Sajith and several other grade 13 students had assaulted the victim B.A.D. Amal Priyankara Appuhamy (17) while he was in his classroom at St. Mary’s School, Ja Ela, Sri Lanka. The social science teacher and other students in the classroom witnessed the incident. Another student, Danushka who attempted to intervene and stop the assault was also assaulted by ‘Sajith’. Then the School Principal, Amara Gamage, intervened and escorted the grade 13 students to her office.

Later, the victim visited the principal’s office to inquire what action has been taken against his attackers. But the principal’s response was to soundly slap the victim several times on his ears and mouth until he bled. When the victim’s mother attempted to meet the principal and inquire into the matter, the latter dismissed the incident, saying that the boys who assaulted the victim had run away from school. Then the victim told his mother how the principal too had assaulted him and showed his bloody ears and lips. A little while later two policemen from the Ja Ela police station were summoned to the school. At this point several teachers gathered around and began laughing, taunting and threatening the victim that he will get expelled from school. Some even suggested he was ‘mad’ and should be institutionalized.

The victim became thoroughly upset. A policeman named Satharasinghe approached the victim and demanded to know what he had ‘done’. The victim replied that when he was assaulted in January nothing was done; at least this time to ensure that justice is done. But the policeman only warned him saying: “these are bad days. You know what happened in the past; you too can get gunned down”. The principal then ordered the victim’s mother to sign a book and take the victim home.

That day about 2:00pm, the victim and his mother went to the Ja Ela police station to lodge a complaint. But while the complaint was being recorded policeman Satharasinghe arrived at the scene and disturbed the procedure by reciting the victim’s faults. The recording of the complaint (No CIB 11/52/109) was stopped and mother and son went home. However on 31 May 2007 they managed to successfully lodge a compliant (No CIB 75/427) at the same police station. On 1 June 2007 the mother informed the Deputy Director of the Negombo Zonal Education Office in writing of the injustice done to her son. On 3 June 2007 she also lodged a compliant at the Women and Children’s Bureau in Colombo (No MOIB 293/15). The next day, June 4 the victim attempted to go back to school but the principal prevented him from entering the school and had chased him away.

On 4 June 2007, as the victim had been complaining of headaches and earache – consequent to the principal’s assault, his mother took him to the Ja Ela police station and obtained the necessary forms to admit him to hospital. At the Ragama General Hospital, the victim was examined by the Judicial Medical Officer (JMO) who advised him not to take this small incident too far. And as there was still no action taken regarding the many complaints made, the mother met the Director of the Sectional Educational Office to inquire. This education officer informed her that on 6 June 2007, a meeting of parents of the children involved in the incident would be convened at the school.

Accordingly on June 6 parents of the victim, Danushka and Sajith were present. The Director of Education requested the principal to allow the students to continue with their education – especially as they were to sit the Ordinary Level (O/L) examination this year. But the principal was adamant that the students will only be allowed into school if all complaints lodged against her at the police station, were withdrawn. On 12 June 2007 a police inquiry was held at the police station. About 10:00am, that morning, the principal, members of staff, some students and parents held a protest march in front of the police station carrying placards and posters demanding that the 3 students including the victim be expelled from school. Then Assistant Superintendent of Police (ASP) Eric Perera walked in and attempted to pressurize the parties to withdraw their complaints against the principal. Ja Ela OIC Walalavita went to the extent of informing the principal that she could fabricate charges against the victim’s two brothers. This was with the intent of frightening them to withdraw charges. But they refused and went home disappointed.

Again, the victim was informed of a police inquiry on 14 June 2007. ASP Eric Perera, OIC Walalavita, the principal, a policeman named Herath and school staff were present. Against the ASP attempted to coerce the victim’s parents to withdraw their complaint. The victim’s mother informed him she had lodged a complaint at the Police Women and Children’s Bureau in Colombo. The ASP then took the phone and ordered the victim’s father to inform the W&C Bureau that the incident was being settled by the Ja Ela Police. But the victim’s father told the W&C Bureau that the police were threatening him to settle the case. The W&C Bureau advised him not to sign any document and assured that they will inquire into the matter.

But ironically when the victim’s mother phoned the W&C Bureau a few days later to inquire progress in her compliant she was asked: “Why didn’t you settle the matter?” When the father visited the W&C Bureau in person, he was told that the inquiry had been handed over to the Ja Ela Police Station. Nonetheless, the mother continued to send several letters to the Zonal Education Director reminding that the victim was due to sit for his Ordinary Level Examination.

On 4 July 2007 the victim’s parents received a letter from the principal stating that if the victim wished to sit for the exam from the school to come and sign the relevant documents. Accordingly the victim visited the school and signed the documents. On 11 July 2007 a policeman from the Ja Ela police came to the victim’s home and wanted the victim’s hospital admission card. The mother said the hospital had sent it to the police station. On 13.08.2007 the mother complained to the Human Rights Commission (HRC/4660/07). Subsequently the victim was informed via letter to appear before the Conciliation Board at Polhena in Ragama. The victim’s parents note that though they complained against the principal’s assault on the victim the letter referred to only: “threatening and scolding”.

On 25 August 2007 the victim and his parents went to the Conciliation Board. The principal and three teachers were present. According to the victim and his parents, the Chairman of the Conciliation Board shouted threateningly at the victim namely for him to settle the matter. He also threatened that there will be death threats against the victim in future. But when no settlement was forthcoming, the Board members declared they will not take any further steps and handed the notice of non-settlement to the parents.

On 6 September 2007 the victim and his parents were called for an inquiry at the Human Rights Commission. The inquiring officer was Sulari Liyanagama. The principal and one teacher was present. On the very first day, the inquiry was postponed to 18 September 2007. The victim’s parents posted the relevant affidavits and other documents as required. On the day inquiring Officer Liyanagama said she had not received the posted affidavits. According to the victim and his parents, the Officer then proceeded to talking in a degrading manner vis-à-vis the victim while praising the principal. The adverse attitude of the HRC inquiry officer led them to strongly belief that the Human Rights Commission inquiry will end up similar to the numerous other inquiries and board hearings they have attended desperately trying to obtain justice for the victim and restore his right to education.

The victim’s mother has now complained in writing to all relevant authorities including Chairman, Human Rights Commission, Chairman, National Police Commission, Inspector General of Police (IGP), Director Education, Western Province Education Department and OIC, Women and Children’s Bureau. In her letter she urges that that appropriate disciplinary and legal action be taken against the aforementioned persons and institutions and most importantly that her son’s education be restored immediately.

ADDITIONAL COMMENTS:

The AHRC has in numerous earlier occasions reported appeals relating to corporal punishment and other forms of inhuman and degrading treatment of Sri Lankan schoolchildren by their teachers and school principals and the almost inevitable arbitrary denial of their education by the principals when the victims lodge complaints against the alleged perpetrators. Please refer to our previous appeals, UA-236-2007, UA-187-2007and UA-126-2006. Please also refer to previous appeals relating to alleged assault to a student by teachers, UA-236-2007, UA-208-2007, UA-141-2007, UA-095-2007 and UA-360-2006.

In 3 August 2007, the National Child Protection Authority (NCPA) has appointed a Special Committee to investigate complaints against teachers and principals meting out physical punishment or sexually abusing students. It further noted that the NCPA had formulated a plan to set up Child Protection Committees in all national schools in order to eliminate physical punishment and sexual abuse on students with the assistance of the Education Ministry. While welcoming the establishment of such Special Committees, the AHRC is sceptical about the effectiveness of these entities mainly due to the near-total collapse of the entire local justice system.

As lengthily described above, most often members of these various entities including education, police, Conciliation Board member, Human Right Commission officials or others seem to collude together to heap further injustice on victims and their parents who dare to complain. principals rarely comply with Education Department directives to permit victims to attend school; rarely is disciplinary or legal action taken against these errant teachers and principals for their errant and extremely unethical acts. It is the victim who suffers further harassment and is also deprived of his or her right to education, jeopardizing his/her entire future due to the lack of follow-up action taken by the Ministry of Education or National Child Protection Authority against those responsible.

Sadly, this is how future generations are taught to be good citizens of Sri Lanka.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and request them to take immediate and appropriate action to restore the right to education of this 17-year-old victim. Also urge them to take appropriate disciplinary and legal action against all the alleged perpetrators listed below.

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