Dear friends,
Following in the footsteps of four cases of abuse of students by their teachers in Sri Lanka in recent months, the Asian Human Rights Commission (AHRC) has now learned of yet another incident of such nature. Saman Iddamalgoda, a teacher at Nitithigala Junior School, first asked 12-year-old Ranjith Kumara to remove his spectacles. When the young student did this, Mr Iddamalgoda then hit him so hard in the back of the head that Ranjith fell forward, slammed his face into a desk, and subsequently fractured his nose. After their son was hospitalised for eleven days and underwent a surgical operation, Ranjiths parents then filed a complaint. It took the police 12 days to arrest the perpetrator, in which time the family claim he threatened them to withdraw their complaint. It is believed that the perpetrator has a close relationship with several police personnel and this was the reason for the delay in his arrest. This same relationship also raises fears that the police investigation into this case will not be conducted in an impartial or thorough manner and that the perpetrator, who is still currently working as a teacher, will walk free from his crime.
On 19 October 2005, Saman Iddamalgoda ordered 12-year-old Ranjith Kumara to remove the spectacles he was wearing. The teacher then assaulted Ranjith on the back of his head with his clenched fists. So forceful was the blow that Ranjith was thrown forward and slammed his face on the top of his desk. As a result his nose was fractured and he began to bleed profusely. When his fellow classmates brought Ranjiths plight to the attention of the teacher, he simply ignored the bleeding child. Later he claimed that Ranjith broke his nose after falling.
Later Ranjith was rushed to the Ratnapura Hospital where he was warded for 11 days and also subjected to a surgical operation. Later his family complained that the teacher had attempted to unduly influence them into withdrawing their complaint against him. Ranjiths brother also complained that he had been receiving death threats regarding the incident.
Yet despite the extreme gravity of this brutal act the police only arrested the perpetrator and produced him in court 12 days after the incident on October 31. It is believed that this lack of interest on the part of the police is due to the close relationship the perpetrator has with several police personnel. Due to this there is also much doubt as to the efficiency of any police investigation into the incident.
Meanwhile Mr. Iddamalgoda continues to teach at the same school and it is alleged that he has been coercing witnesses in the incident (i.e. Ranjiths classmates) not to testify against him.
The case filed in the Magistrates Court against the perpetrator is B 1797/05. On 11 February 2006 the police were afforded further time to obtain the Attorney Generals advice which the victims parents fear is a deliberate attempt by the police to stall any progress in the case.
This is yet another inexcusable 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-093-2006, 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 if the allegations are found to be true, then the perpetrator must be held accountable for his crimes.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
SRI LANKA: A 12-year-old students nose is fractured by his school teacher
Name of victim: D.K Ranjith Kumara (12), a student at Nivithigala Junior School, Nivithigala. (Son of D.K Gunawardena a labourer)
Name of alleged perpetrator: Saman Iddamalgoda, teacher of the Nitithigala Junior School.
Date of incident: 19 October 2005
I write to voice my complete dismay at yet another case in Sri Lanka involving a student being assaulted by their teacher. The occurrence of such a case is becoming far too common and will continue to worsen unless the authorities properly intervene.
According to the information I have received, on 19 October 2005 teacher Saman Iddamalgoda struck the back of his student, 12-year-old Ranjith Kumaras head with such force that the young boy fell forward, slammed his face into his desk and subsequently fractured his nose. When Ranjiths fellow classmates informed Mr. Iddamalgoda that Ranjith was bleeding profusely the teacher simply ignored the bleeding child and carried on with his work. Later he claimed that Ranjith broke his nose after falling.
Later Ranjith was rushed to the Ratnapura Hospital where he was warded for 11 days and also underwent surgery. Some time after this his family complained that the teacher had attempted to unduly influence them into withdrawing their complaint against him. Ranjiths brother also complained that he had been receiving death threats regarding the incident.
Yet despite the extreme gravity of this brutal act the police only arrested the perpetrator and produced him in court 12 days after the incident on October 31. It is believed that this lack of interest on the part of the police is due to the close relationship the perpetrator has with several police personnel. Due to this there is also much doubt as to the impartiality and efficiency of any police investigation into the incident.
Meanwhile Mr. Iddamalgoda continues to teach at the same school and it is alleged that he has been coercing witnesses in the incident (i.e. Ranjiths classmates) not to testify against him.
The case filed in the Magistrates Court against the perpetrator is B 1797/05. On 11 February 2006 the police were afforded further time to obtain the Attorney Generals advice which the victims parents fear is a deliberate attempt by the police to stall the progress in the case.
In light of the above, I call on you to intervene in this matter. An immediate investigation must be launched into this case and the perpetrator, if found to have committed the alleged crimes, must be held accountable. 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,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. Hiranthi Wijemanne
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
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
3. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax no. +94 11 2693894
4. 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
5. 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
6. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
7. 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
8. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
9. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
