SRI LANKA: Siridhamma College teacher severely beat a student

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Bewantha Udeep Abeysiriwardena Wijesinghe, a 15 year old student of Siridhamma College of Galle, was brutally beaten by his teacher of the school Mr. S.V. Gamini. Bewantha was briefly hospitalised and his father, Mr. D.D. Abysiriwardene, made a complaint with the Akmeemana Police Station. The Assistant Superintendent of Police, who conducted investigation into the alleged incident, sided with the perpetrator and made a distorted report. Thus, Bewantha was denied of justice.

This case is yet another example of how the Sri Lankan police facilitate the ongoing practice of covering up illegal and brutal actions in the country.

CASE NARRATIVE:
According to the information received by the Asian Human Rights Commission (AHRC) Bewantha Udeep Abeysiriwardena Wijesinghe of No: 77/128, Mahawattha, Mapitiya, Galle is a 15-year-old student. He was studying at the Siridhamma College Galle in grade 10. Bewantha’s mother is a vice principal of the school. On 8 May 2013, Bewantha had a quarrel with a fellow student, Amila, who is studying in the same class and the two boys exchanged blows. During the argument Mr. S.V. Gamini, who is an English teacher entered the class room grabbed hold of Bewantha and without any inquiry severely beat him. As he was striking Bewantha he demanded, “Are you trying to show the power of your mother?” Mr. Nadeera, another teacher arrived from the class he was teaching and stopped Gamini from further assaulting Bewantha.

According to Bewantha’s father, Mr. D.D. Abysiriwardene, on the same day he received a phone call from his wife who told him about the incident and that Bewantha was brutally beaten by the teacher, Gamini. She asked him to come to the school immediately and when he arrived he saw that his son’s lips were bleeding and there was the beginning of bruising around his eyes. He also noticed that Bewantha’s uniform was torn and two buttons were missing from his shirt due to Gamini’s assault. When he learned that Bewantha was suffering from a headache he brought him to the Karapitiya Teaching Hospital for treatment at 2.30 pm. Bewantha was admitted to the accident ward but discharged the following day after being given medical treatment. He was also examined by the Judicial Medical Officer (JMO) and made a statement to the Police Post of the Hospital. On the same day Bewantha’s father went to the Akmeemana Police Station and lodged a complaint under reference number CIB/11/16/90 against Mr. Gamini.

On 10 May 2013, the Akmeemana Police Station informed him to come for an inquiry on 11 May at 9.00 am but on the same day and at the same time he already had another inquiry at the Mediation Board at Nagoda. He explained the situation and asked for an alternative date for the inquiry but the police officer did not listen to his request and forced him to come for the scheduled inquiry. As he had no option he went and met the Assistant Superintendent of Police (ASP) Keerthirathne, of the area and asked him for an impartial inquiry into the case. At the meeting he also made a statement.

On 14 May 2013, an inquiry was held by the ASP. At that time Mr. Gamini tried to argue that it was Bewantha’s fault and turn the situation around. Bewantha’s father felt that the ASP was under pressure not to deliver justice. He states that at the meeting the inquiring officer made little effort to ascertain the truth but instead defended the accused teacher. Mr. Abysiriwardene felt that neither he nor his child was given justice or an impartial hearing by the ASP. Mr. Abysiriwardene asked the ASP to conduct a further impartial and independent inquiry but the officer refused to hear the case again.

Bewantha’s father has since made complaints to the Human Rights Commission of Sri Lanka (HRCSL), the Inspector General of Police (IGP), the Deputy Inspector General of Police (DIG) Southern Province and the National Child Protection Authority (NCPA) requesting them for an impartial and independent inquiry but, typically, none of these authorities have taken any action to deliver justice. Bewantha and his parents seek justice.

SUGGESTED ACTION:
Please send a letter to the authorities expressing your concern about this case and requesting an immediate investigation into the allegations of torturing a child by a government school teacher and denying justice and an independent inquiry by the police. Please request the authorities for the prosecution of those proven to be responsible under the criminal law of the country for misusing the powers of a state. The officer involved must also be subjected to internal investigations for the breach of the departmental order as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officer for abusing his powers.

Please note that the AHRC has also written separate letters to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Chairperson of the Committee on the Rights of the Child on this regard.

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