SRI LANKA: Brutal assault of a minor; threat and intimidation; violation of the right to freedom from torture and cruel, inhuman or degrading treatment or punishment; violation of the right to education; collapse of rule of law
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Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that yet another case of torture against a school student has occurred in Sri Lanka. Having recently reported on five cases of torture of school students (please see UA-100-2006, UA-093-2006, UA-089-2006, UA-060-2006, UP-033-2006 and UA-173-2005), the AHRC has now learned that eight-year-old, Nimalka Marasinghe was tortured by her teacher, Mrs. Ranasinghe on 17 March 2006. Though Mrs. Ranasinghe has been charged, after being produced before the Kegalle Magistrates Court, the school principal and educational authorities are now pressuring the victim and her family to withdraw the complaint.
After the victim was tortured by Mrs. Ranasinghe, she was taken to the Rambukkana Government Hospital and then transferred to the Kegalle General Hospital. There she received treatment for three days.
Following a complaint having been lodged, the Rambukkana police arrested Mrs. Ranasinghe, and produced her before the Kegalle Magistrates Court, where she was charged and released on bail. While the AHRC welcomes this news, we have also learned that prior to this point the educational authorities made serious attempts to conceal this crime and to protect the alleged perpetrator. The school principal and educational authorities have also joined together to pressure the victim and her family to withdraw the complaint. Thus, instead of protecting the childs fundamental right to freedom from torture and cruel, inhuman or degrading treatment or punishment, and the right to education, the education and school authorities have attempted to hinder this case, causing further victimisation to the child.
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 she 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 her crimes.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Eight-year-old requires hospitalisation following torture by her school teacher
Name of the victim: Nimalka Marasinghe, 8 years, a grade 4 student of the Parakrama School, Rambukkana. (Fathers name: Jayantha Marasinghe, a three-wheel cab drive also of Rambukkana)
Name of the alleged perpetrator: Mrs. Ranasinghe, a teacher of the Parakrama School, Rambukkana Date of incident: in 17 March 2006
I write to you in dismay at the news that yet another child has been tortured by her teacher in a Sri Lankan school. Having recently learned of five other cases of torture of school students, I have now discovered that eight-year-old, Nimalka Marasinghe was tortured by her teacher, Mrs. Ranasinghe on 17 March 2006. Though Mrs. Ranasinghe has been charged, after being produced before the Kegalle Magistrates Court, the school principal and educational authorities are now pressuring the victim and her family to withdraw the complaint.
After the victim was tortured by Mrs. Ranasinghe, she was taken to the Rambukkana Government Hospital and then transferred to the Kegalle General Hospital. There she received treatment for three days.
Following a complaint having been lodged, the Rambukkana police arrested Mrs. Ranasinghe, and produced her before the Kegalle Magistrates Court, where she was charged and released on bail. While I welcome this news, I have also learned that prior to this point the educational authorities made serious attempts to conceal this crime and to protect the alleged perpetrator. The school principal and educational authorities have also joined together to pressure the victim and her family to withdraw the complaint. Thus, instead of protecting the childs fundamental right to freedom from torture and cruel, inhuman or degrading treatment or punishment, and the right to education, the education and school authorities have attempted to hinder this case, causing further victimisation to the child.
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.
Further, the investigation should also inquire into the alleged conduct of the school principal and educational authorities. If it is found that they did indeed threaten or pressure the victim and her family to withdraw the case, then disciplinary action must be taken.
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)
