[Re: UA-90-2004: SRI LANKA: A boy brutally assaulted by his teachers and denied his right of education; UP-42-2004: SRI LANKA: Update on a boy brutally assaulted by his teachers; UP–003–2006: SRI LANKA: Attorney General withdraws criminal case against school staff who tortured a student]
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SRI LANKA: Severe assault; denial of child rights; government inaction; collapse of rule of law
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Dear friends,
In July 2004 the Asian Human Rights Commission (AHRC) reported on the severe assault of a 16-year-old child by three of his school teachers (UA-90-2004). Following the attack, which required the victim to be hospitalised for four days, the victim’s mother complained to the Bulathsinhala police regarding the treatment of her son.
Subsequent to complaints lodged on behalf of the victim the following action was initiated:
1. An inquiry into the incident conducted by the Human Rights Commission and the inquiry found that the three teachers had violated the fundamental rights of the victim as guaranteed by A 11 of the Constitution. The Commission recommended that appropriate disciplinary and legal action be taken against the errant teachers and referred the matter to the Attorney General, Ministry of Education and the Provincial Educational Secretary.
2. The Bulathsinhala police instituted action against the three teachers in the Matugama Magistrate’s Court in Case No. BR1055/04 and had thereafter referred the case to the Attorney General for legal advice. However to date—two years since the incident—the said advise has apparently not been forthcoming. Though the mother wrote to the Attorney General several times regarding this case, to date she has not received any response and thus is unaware of any progress, if any, in her son’s case.
3. The Secretary of the Western Province Education Department had also notified the victim’s family that action would be taken against the three errant teachers. However, to date there has been no further information regarding any action, if any, that has been taken against the teachers. The likelihood is that total impunity prevails.
There is also little information regarding what action if any has been taken by the National Child Protection Authority (NCPA) regarding the violation of the victim’s rights.
There is no doubt that physical assault of schoolchildren is a criminal offence but unfortunately school principals and teachers are frequently involved in this punishable offence. The justice system in Sri Lanka has considerably failed child victims of such violations and has provided impunity to those who have perpetrated these crimes. The authority’s failure to properly intervene in such matters has meant that not only have victims been denied justice, but it has allowed school authorities to commit human rights violations at their will.
SUGGESTED ACTION:
Please write to the relevant authorities below voicing your concern at the lack of proper intervention in this case. The Attorney General must afford the necessary advice as referred to him by the Matugama Magistrates Court in Case No. BR1055/04, there should be immediate action taken against the three teachers, the recommendations of the Human Rights Commission should be adhered to, and compensation should be afforded to the victim.
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To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: Authorities continue to deny justice to child victim
Name of victim: Name withheld, student of Vidyarathne School, Horana at the time of the incident
Name of 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 highly disappointed to learn of the completely inadequate response by the authorities in Sri Lanka regarding the severe assault on a child by three of his school teachers. The incident happened in July 2004 and yet justice has still not been sought.
According to the information I have received, the child, who was 16-years-old at the time of the incident, required hospital treatment for four days following the attack. His mother then complained to the Bulathsinhala police regarding the treatment of her son. Subsequent to this the following action was initiated:
1. An inquiry into the incident conducted by the Human Rights Commission and the inquiry found that the three teachers had violated the fundamental rights of the victim as guaranteed by A 11 of the Constitution. The Commission recommended that appropriate disciplinary and legal action be taken against the errant teachers and referred the matter to the Attorney General, Ministry of Education and the Provincial Educational Secretary.
2. The Bulathsinhala police instituted action against the three teachers in the Matugama Magistrate’s Court in Case No. BR1055/04 and had thereafter referred the case to the Attorney General for legal advice. However to date—two years since the incident—the said advise has apparently not been forthcoming. Though the mother wrote to the Attorney General several times regarding this case, to date she has not received any response and thus is unaware of any progress, if any, in her son’s case.
3. The Secretary of the Western Province Education Department had also notified the victim’s family that action would be taken against the three errant teachers. However, to date there has been no further information regarding any action, if any, that has been taken against the teachers. The likelihood is that total impunity prevails.
There is also little information regarding what action if any has been taken by the National Child Protection Authority (NCPA) regarding the violation of the victim’s rights.
Physical assault of schoolchildren is a criminal offence as per the Circular issued by the Education Department to all schools dated 11 May 2005. 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. However, unfortunately school principals and teachers are frequently involved in this punishable offence. The justice system in Sri Lanka has considerably failed child victims of such violations and has provided impunity to those who have perpetrated these crimes. The authority’s failure to properly intervene in such matters has meant that not only have victims been denied justice, but it has allowed school authorities to commit human rights violations at their will.
To remedy this situation and to bring justice in this particular case, I urge the following:
1. The Attorney General of Sri Lanka affords the necessary advice as referred to him by the Matugama Magistrate in Case No BR 1055/04;
2. Immediate disciplinary action be taken against the errant teachers and that they be interdicted or suspended from their jobs;
3. The relevant authorities abide by the recommendations of the Human Rights Commission; and,
4. Immediate measures be taken to pay the victim compensation for the physical and mental injuries caused to him.
I trust your intervention will be forthcoming.
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:+ 94 11 2693894
4. Secretary
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. Chandra Fernando
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
Email: chandralaw@police.lk
6. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
7. 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
8. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
