SRI LANKA: Apparent police inaction into the denial of education of a boy and death threats made against an activist who attempted to help the victim 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that 16-year-old P.W. Pushpakumara, a student of Gonapinuwela Saralankara School, Gonapinuwela, Galle District, Sri Lanka, was assaulted by a teacher on 3 March 2005 and arbitrarily suspended by the school principal on that day. It is surprising that the assault occurred despite the school authorities being clearly aware of the boy’s poor health as he suffers from epilepsy. Pushpakuara developed severe epilepsy after the incident and had to receive medical attention.

It is also reported that the Hikkaduwa police deliberately refused to investigate the incident despite the boy’s family’s constant complaints and an order from the Assistant Superintendent of Police (ASP), Galle. In addition, the Senior Superintendent of Police (SSP), Galle did not take any action against the alleged perpetrators in spite of the National Child Protection Authority’s (NCPA) request. It is alleged that the police’s inaction is due to the school principal’s connection with an influential politician.

Meanwhile, the boy’s family has allegedly been pressured by the school authorities to withdraw their complaints against them and an activist who was helping the family has received death threat by unknown persons. The threats urged the activist to withdraw herself from the case.

Your urgent action is required in this matter so that the boy’s right to education is protected and the alleged perpetrators are punished according to law. Please also urge the Sri Lankan government to punish the police officers who neglected their job to inquire into the incident.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
———————————————————-

DETAILED INFORMATION:

Name of the victim: P.W. Pushpakumara, 16-years-old, 10th grade student at the Gonapinuwela Saralankara School, Gonapinuwela, Galle District, Sri Lanka
Alleged perpetrators:
1. Mr. Prasad, the school teacher
2. Mrs. Seneviratne, the school principal
3. The Officer in Charge (OIC) of the Hikkaduwa Police Station
4. Mr. HVPL de Silva, the Senior Superintendent of Police (SSP), Galle
Date of incident: 3 March 2005 and continuing to date
Case status: The victim has been denied his right to education for over six months and an activist who helped him has received death threats

Case details (based on the testimony of the victim’s mother):

Sixteen-year-old P.W. Pushpakumara is a 10th grade student at the Gonapinuwela Saralankara School, Gonapinuwela, Galle District, Sri Lanka. He has suffered from epilepsy since birth and has poor sight due to a nerve problem in his eyes. He is receiving medical treatment for his ailment. On 3 March 2005, when Pushpakumara was preparing to attend a school gathering, a teacher named Prasad hit him hard on his right ear. The School Principal, Mrs. Seneviratne, allegedly witnessed the incident. Thereafter Pushpakumara was taken to the principal’s room where the principal told him not to attend school for one week. No written memo was given to him at that time.

According to his mother, Pushpakumara developed severe epilepsy as a result of the assault and he was taken to the Karapitiya hospital where he received treatment for his right ear at the ENT clinic. His mother said that she had earlier informed of her son’s ailment to the school administration expecting special attention for her son.

The next day (March 4), Pushpakumara’s parents lodged a complaint regarding the incident at the Hikkaduwa Police Station. Later, they were informed to come to the police station on March 7 for an inquiry. The boy and his parent’s attended the said inquiry but the teacher failed to present himself. The Officer in Charge (OIC) of the Hikkaduwa Police Station told the parents that he would inform them if a newly arranged date of inquiry. However, no inquiry has been called by the police since that day.

Pushpakumara’s mother then complained of her son’s case to the Assistant Superintendent of Police (ASP), Galle, Mr. Kalansuriya on three separate occasions. Each time, the ASP gave a letter to the mother for the OIC of the Hikkaduwa Police Station. The mother handed over the letters to the OIC as instructed but no action was ever taken. The mother then made a complaint to the Education officer, Ambalangoda, Mr. Piyasena Godagama who instructed her to take Pushpakumara back to school.  However, the principal refuses to accept the boy whenever his mother attempts to take him back to school.

On April 7, the principal forced Pushpakumara’s father to sign a written statement. After that, on July 11, the family received a letter from the principal informing them that Pushpakumara would be transferred to another school.

Due to the police’s failure to inquire into the incident, the boy has been deprived of his right to education for over six months. According to the mother, the police referred the case to the Conciliation Board, Gonapinuwela. When Pushpakumara, together with his mother attended the hearing at the Conciliation Board, both were allegedly threatened by the school authorities to withdraw their complaints. Also, when the boy’s mother asked the Board members to introduce themselves, they rudely replied, “our names are no concern of yours”. The mother then took her son and left. In many cases the AHRC has reported on, it is evident that the typical tactics of the Sri Lankan police is to transfer complaints to the Conciliation Board instead of investigating them in an attempt to pressure the complainants to settle the case.

Separately, the National Child Protection Authority (NCPA) sent a letter dated 6 September 2005 to the Senior Superintendent of Police (SSP), Galle, Mr. HVPL de Silva and urged him to take necessary action against the alleged perpetrators (Document Reference No. CA/05/09/370). In the letter, Mr. Sivasampoo Thavalinkam, the Law Enforcement Officer of the NCPA, emphasized that, “Even animals are protected against cruelty. Children have a right to protection from physical and other violence whether it be by parents, teachers or others”. However, no action has been taken by the police.

In particular, on September 7 at around 8:15am, when Ms. A.I. Kanthi Lanka, who works for the Organisation for the Defence of Human Rights, Galle, and who was helping the victim’s family to obtain justice, was waiting at the Gonapinuwela bus stop, three unidentified men riding a trailer type motorbike approached her. They then threatened her saying, “Your name is Lanka, isn’t it? We heard that you have meddled in the Saralankara School case. You’d better immediately withdraw yourself from the case or you will be in big trouble. We will not even hesitate to commit murder, if needed.” They also said, “The Principal of that school is a relative of Minister Dodangoda. Don’t get involved in the case.  We will also meet with the boy”. They then rode away. Ms. A.I Kanthi Lanka said that she could recognise the men if she were to see them again.

The AHRC is gravely concerned by this serious case. The police have not only failed to protect the boy’s right to education but also put his family and their supporter in greater danger by neglecting the family’s constant complaints. We also notice that the OIC of the Hikkaduwa police did not comply with the order of the ASP, Galle and even a high-ranking police officer such as the SSP did not respect the NCPA’s request to take action in this case. This is yet another example that illustrates the dysfunction of the policing system in Sri Lanka.

SUGGESTED ACTION:
Please send a letter to the persons addressed below and express your concern about this serious case.

 

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