Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the torture of a 16-year-old student, Sahan Tharaka, by his teachers and the Assistant Principal of his school (to see further details please refer to: UA-90-2004 and UP-42-2004) on 19 and 20 July 2004. The torture was so severe that Tharaka required hospital treatment for four days.
Following the attack, Tharakas mother, Karunawathi Silva complained to the Bulathsinhala police regarding the treatment of her son. Later the Bulathsinhala police informed the courts that they had sought advice from the Attorney Generals Department as to whether or not to proceed with the case against the accused. Almost one and a half years later, the police have now informed Ms Silva that upon the Attorney Generals advice they will not be proceeding with a criminal case against the perpetrators.
Needless to say, Ms Silva is devastated and has all but lost hope in seeking justice for her son. She has now written to the Attorney General querying the basis on which he advised the Bulathsinhala police to take no action against the perpetrators.
There are strong concerns that the police have diluted the facts of the case in a blatant attempt to mislead the Attorney General regarding the seriousness of the matter. There is also much concern surrounding the failure of the Western Province Education Department to respond to this case, despite being made fully aware of the details.
Meanwhile the accused continue to occupy their same posts and have recently threatened Ms Silva to institute action against her for defamation if she pursues the matter any further.
In light of this we urge that an immediate inquiry be held into the incident, that appropriate disciplinary action be taken against the accused and that they be suspended or interdicted from their present post. Physically punishing / assaulting schoolchildren in this way is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. This is the same Circular that had been issued way back in 1921 by the British. Beating children causing them serious injury is also a violation of fundamental rights, amounting to an offence punishable under the Convention Against Torture Act No 22 of 1994 and punishable with a mandatory sentence of seven years upon conviction. Such facts must not be ignored and it is the responsibility of the authorities to pursue the accused to their fullest regarding this matter.
Urgent Appeals Programme
Asian Human Rights Commission
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SAMPLE LETTER
Dear __________,
SRI LANKA: Attorney General withdraws criminal case against school staff who tortured a student
Name of victim: Balawedage Sahan Tharaka, now 17-years-old and in grade 11 at Vidyarathne School, Horana
Alleged perpetrators:
1) Assistance Principal of Bulathsinhala M.M.V [Central College], Bulathsinhala
2) Ms. Manjula Watawala, a sports instructor, Bulathsinhala M.M.V
3) Another teacher of Bulathsinhala M.M.V
Date of incident: 19 July 2004 and 20 July 2004
Place of incident: Bulathsinhala M.M.V [Central College]
I am writing to voice my dismay at the Attorney Generals decision to withdraw the criminal case against school staff from Bulathsinhala Madya Maha Vidyalaya [Central College], who on 19 and 20 July 2004, allegedly tortured a 16-year-old student so severely that he required hospitalisation for four days.
Following the attack on Sahan Tharaka, his mother, Karunawathi Silva complained to the Bulathsinhala police regarding the treatment of her son. Later the Bulathsinhala police informed the courts that they had sought advice from the Attorney Generals Department as to whether or not to proceed with the case against the accused. Almost one and a half years later, the police have now informed Ms Silva that upon the Attorney Generals advice they will not be proceeding with a criminal case against the perpetrators.
I am aware that the mother is devastated and has all but lost hope in seeking justice for her son. She has now written to the Attorney General querying the basis on which he advised the Bulathsinhala police to take no action against the perpetrators.
There are strong concerns that the police have diluted the facts of the case in a blatant attempt to mislead the Attorney General regarding the seriousness of the matter. There is also much concern surrounding the failure of the Western Province Education Department to respond to this case, despite being made fully aware of the details.
Meanwhile the accused continue to occupy their same posts and have recently threatened Ms Silva to institute action against her for defamation if she pursues the matter any further.
Owing to the seriousness of this case and the incomprehensible response by the Attorney General to no longer proceed with it, I call on your intervention to ensure that criminal proceedings continue to go ahead in the allegations against the accused. I urge that an immediate inquiry be held into the incident, that appropriate disciplinary action be taken against the accused and that they be suspended or interdicted from their present post. Physically punishing / assaulting schoolchildren in this way is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. This is the same Circular that had been issued way back in 1921 by the British. Beating children causing them serious injury is also a violation of fundamental rights, amounting to an offence punishable under the Convention Against Torture Act No 22 of 1994 and punishable with a mandatory sentence of seven years upon conviction. Such facts must not be ignored and it is the responsibility of the authorities to pursue the accused to their fullest regarding this matter.
I trust you will take action on this matter.
Yours sincerely,
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PLEASE SEND A LETTER 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. 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
5. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
6. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
7. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk
8. Mr Vernot Munoz Villalobos
Special Rapporteur on the Rights to Education
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006
9. 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
