Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the torture of a student, M Rukman Asanka Perera by his school Buddhism teacher, Hiriwewe Gnaneswara on 9 March 2006.
On March 9, at around 10 a.m, a group of parents had been protesting in the Jayanthi Navodya school premises about a proposed change to the uniform. The police had also been present. Several children in grade 12 and 13 classes had also joined in the protest by lighting crackers out of the school building. Startled by the noise, several students in the classrooms, including Rukman ran outside. A teacher told them to run towards the principals office. But when these students ran towards the office the perpetrator, Hiriwewe Gnaneswara without uttering a word, suddenly pounced on them with a broken chair leg. According to the victim, the monk grabbed Rukman, who was at the front of the running students, and brutally assaulted him striking him several times on his buttocks, thighs, knees and right arm. A rusted nail on the chair leg caught his arm and Rukman began to bleed.
When the victim managed to get away, the teacher pursued Rukman and assaulted him with the broken chair leg once again. Then Rukman ran straight to the principal, M.D. Ariyadasa who escorted him to the office and assaulted the already injured boy once more. He then told Rukman to wait until he brought the police in. Three policemen and several classmates soon gathered in the principals office. The victims classmates brought his injuries to the attention of the Assistant Superintendent of Police (ASP) and told him that Rukman was assaulted by the Buddhist monk. However, when the students dispersed the principal as well as the Buddhist monk urged Rukman not to tell anyone about the assault. The principal even attempted to provide medical assistance to Rukman but the ASP called a police vehicle and sent him to the Nikaveratiya hospital instead.
Rukman was then admitted to hospital for ten days. The victim complained to the doctor about his assault and the hospital police recorded his statement. Also the victim named his teacher and the principal as the perpetrators to the hospital police and the police. However, that night eight teachers from the school visited the victims sister and her mother-in-law and threatened them, saying that they would prevent Rukman from sitting for his A/L exam (this May) and accuse him of being a JVP member. Frightened by the possible repercussions, the sister and her mother-in-law discharged Rukman from the hospital. It is believed that the group of teachers then demanded that Rukman be brought to the temple where ten of them were present. They forced the victim to worship and seek forgiveness from the Buddhist monk. Though he at first refused, when his family cried in fear he conceded. Since then the victim has been receiving treatment for his injuries at an ayurvedic clinic.
Though the incident has been brought to the attention of the education authorities in the area, to date no official has made inquiries into the incident.
This is yet another appalling example of the growing violence being perpetrated against school students by their teachers in Sri Lanka. It is also demonstrates that the arbitrary use of power by authorities has penetrated many different areas of Sri Lankan society. The AHRC has previously reported on several cases in Sri Lanka regarding this matter (See further: UA-089-2006, UA-060-2006, UP-033-2006 and UA-173-2005).
Such conduct by a teacher is a clear violation of the Circular issued by the Education Department to all schools on 11 May 2005, which prohibits physical punishment and assault of schoolchildren. Furthermore, as a public officer (or person working in an official capacity), the alleged perpetrator is subject to the provisions of the Convention Against Torture Act No 22 of 1994 (CAT). As such, according to section 2(4) of the CAT Act, if found guilty, the perpetrators act on conviction after trial by the High Court is punishable with imprisonment of a mandatory seven years.
SUGGESTED ACTION
Please write to the relevant persons listed below condemning the actions of the perpetrator and concerned authorities regarding this case. Please highlight that physically punishing/assaulting schoolchildren is against the law as per the Circular issued by the Education Department. Please also note that should the teacher be found guilty, as a public officer he must be subject to the provisions of the CAT Act. An immediate investigation must be launched into this matter and all persons responsible for the violations against the victim must be held accountable for their crimes.
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SAMPLE LETTER
Dear ___________,
SRI LANKA: Torture committed against a student by his school Buddhism teacher
Name of the victim: M Rukman Asanka Perera, 18-years-old, grade 13 of the Jayanthi Navodya School
Names of the alleged perpetrators:
1. Hiriwewe Gnaneswara, a Buddhist monk who teaches Buddhism
2. MD Ariyadasa, the principal of the Jayanthi Navodya School
Place of incident: Jayanthi Navodya School, Nikaveratiya
Date of incident: 9 March 2006
I am writing to you with deep concern regarding the brutal assault of an 18-year-old boy by his school Buddhism teacher.
According to the information I have received, on March 9, a group of parents had been protesting in the Jayanthi Navodya school premises about a proposed change to the students uniform. Startled by the noise from outside, several students in the classrooms ran outside, including Rukman. A teacher told them to run towards the principals office. But when these students ran towards the office the perpetrator, Hiriwewe Gnaneswara without uttering a word, suddenly pounced on them with a broken chair leg. The monk grabbed Rukman and tortured him by striking him in the buttocks, thighs, knees and right arm with the chair leg. A rusted nail on the chair leg caught his arm and Rukman began to bleed.
When the victim managed to get away, the teacher pursued Rukman and assaulted him with the broken chair leg yet again. Rukman ran then to the principal, M.D. Ariyadasa who escorted him to his office and assaulted the already injured boy once again. He then told Rukman to wait while he contacted the police. Three policemen soon after came and his classmates also gathered in the principals office. The victims classmates brought his injuries to the attention of the Assistant Superintendent of Police (ASP) and told him that he was assaulted by the Buddihist monk. However, the principal as well as the Buddihist monk urged Rukman not to tell anyone about the assault. The principal even attempted to seek medical assistance but the ASP called a police vehicle and sent him to the Nikaveratiya hospital instead.
Rukman was then admitted to hospital for ten days. The victim complained to the hospital police who recorded his statement. However, that night eight teachers from the school visited the victims sister and her mother-in-law and threatened them saying that they would prevent Rukman from sitting his A/L exam (this May) and would accuse him of being a JVP member. Frightened by the possible repercussions, the sister and her mother-in-law discharged Rukman from the hospital. The teachers then forced the victim to worship and seek forgiveness from the Buddhist monk. Though he initially refused, when his family cried in fear, he eventually conceded. Since then the victim has been receiving treatment for his injuries at an ayurvedic clinic.
Though the incident has been brought to the attention of the education authorities in the area, to date no official has made inquiries into it.
I therefore am calling on you to intervene in this matter. An immediate investigation must be launched into this case and all persons responsible for the violations against the victim must be held accountable for their crimes. Such conduct by a teacher is a clear violation of the Circular issued by the Education Department on 11 May 2005, which prohibits physical punishment and assault of schoolchildren. Furthermore, as a public officer (or person working in an official capacity), the alleged perpetrator must be subject to the provisions of the Convention Against Torture(CAT) Act No 22 of 1994, which calls for a mandatory seven year sentence to those found guilty.
I trust your intervention will be forthcoming in this matter.
Yours sincerely,
____________
PLEASE SEND YOUR LETTERS TO:
1. Minister for Education
Ministry of Education
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
2. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax: 94 11 2693894
3. Dr. Radhika Coomaraswamy
Chairperson
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. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
5. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk
6. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
7. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
