[RE: UP-033-2006: SRI LANKA: Threats to 14-year-old boy and his family to withdraw complaint of brutal assault by teacher; UA-060-2006: SRI LANKA: Brutal assault on 14-year-old by his games teacher]
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UP-056-2006: SRI LANKA: Fundamental rights application to proceed in case of brutal assault against a 14-year-old boy
SRI LANKA: brutal assault of a minor; threat and intimidation; collapse of rule of law
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Dear friends,
In February 2006, the Asian Human Rights Commission (AHRC) issued an appeal regarding the brutal assault on 14-year-old Manoj Tillakaratne of the Bombuwela School by his school sports master. As a result of the assault the boys eardrum was ruptured and he had to be hospitalised for 11 days.
When the boys parents attempted to lodge a complaint at the Bombuwela police station the police attempted to settle the matter between the parties by way of payment. However, the parents resisted. The education authorities and others continuously pressurised the parents and even organised public meetings to prevent the matter from proceeding any further. Eventually, the teacher was produced in court, charged and released on bail.
Adamant to see justice done to their son, the parents also filed a fundamental rights application SC/FR//89/2006 before the Supreme Court under article 11 of the Constitution that guarantees freedom from torture and cruel, inhuman or degrading treatment or punishment. Accordingly the case was supported before the Supreme Court on 23 March 2006 on which date the court granted leave to proceed in the said case. The case was fixed for 11 July 2006 on which date the court ordered the Assistant Director of the Nagoda General Hospital to furnish the bed head ticket and other documents pertaining to the victims medical treatment.
Viran Corea, instructed by Piyal Kariyawasam, appeared for the Petitioner in court.
SUGGESTED ACTION:
Please call on the relevant authorities listed below to intervene in this case and ensure that the victim and his family are afforded protection. This is particularly important given that they have been the subject of repeated threats and intimidation in the past.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear _________,
SRI LANKA: Fundamental rights application to proceed in case of brutal assault against a 14-year-old boy
Name of victim: Manoj Tillakaratne, a 14-year-old, grade 9 student of the Bombuwela Senior School; Address: Batakuluketiya, Bombuwela.
Names of alleged perpetrator: The sports master [Physical training Instructor], A.D.C. Renuka of the Bombuwela School.
Date of incident: 31 January 2006
I welcome the news that a fundamental rights application before the Supreme Court regarding the brutal assault of a 14-year-old boy has been granted leave to proceed. The application (SC/FR/ /89/2006) filed before the Supreme Court under article 11 of the Constitution that guarantees freedom from torture and cruel, inhuman and degrading treatment or punishment, concerns Manoj Tillakaratne, who on 31 January 2006, was brutally assaulted by his school sports teacher resulting in a ruptured eardrum and a hospital stay of 11 days.
When the boys parents attempted to lodge a complaint at the Bombuwela police station the police attempted to settle the matter between the parties by way of payment. However, the parents resisted. The education authorities and others continuously pressurised the parents and even organised public meetings to prevent the matter from proceeding any further. Eventually, the teacher was produced in court, charged and released on bail.
Adamant to see justice done to their son, the parents filed the fundamental rights application before the Supreme Court where on 23 March 2006 the court granted leave to proceed in the said case. The case was fixed for 11 July 2006 on which date the court ordered the Assistant Director of the Nagoda General Hospital to furnish the bed head ticket and other documents pertaining to the victims medical treatment.
This brings Manoj and his family one step closer to seeking justice for the crimes committed against him. What concerns me, however, are the repeated threats made against the victim and his family in the past, and the potential for these to continue between now and the court reaching a conclusion in this case. Accordingly, protection must be provided to the victim and his family and all measures must be taken to ensure that they remain free from threat and intimidation. Without such intervention, the case may not proceed and one more perpetrator of crime will walk free in Sri Lanka.
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. Bo Viktor Nylund
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
4. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
5. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
6. 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
7. 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
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)
