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SRI LANKA: Police refuse to investiage the case of a girl who disappeared after torture by a school principal

February 2, 2012

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-015-2012



2 February 2012
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SRI LANKA: Police refuse to investiage the case of a girl who disappeared after torture by a school principal 

ISSUES: Torture; child rights; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mohamad Rasul (11) is a resident of No: 33/05, Palliyawatte, Poruthota, Koshshikade. Rasul was a student of Palanguthura Al-Fala School. On the 19 January after being subjected to severe torture by the principle Rasul was expelled from the school at 12.30 pm. Up to now Rasul remains missing. The officers attached to the Kochcikade Police Station are refusing to accept or investigate the complaint made by his mother.

CASE NARRATIVE:

Mohamad Rasul (11) is a resident of No: 33/05, Palliyawatte, Poruthota, Koshshikade. Rasul was a student of Palanguthura Al-Fala School. On the 19 January after being subjected to severe torture by the principle Rasul was expelled from the school at 12.30 pm. Up to now Rasul remains missing. The officers attached to the Kochcikade Police Station is refusing to accept or investigate the complaint made by his mother.

According to his mother, Ms. Iyinun Fathima, on 19 January 2012, Rasul went to his school as usual to attend his education sessions in his class. After the school sessions usually Rasul returned to the house around 1.45 pm. But on this particular day as he did not return and after waiting for some time Fathima went in search for him.

Some fellow students told her that after Rasul came to the class two teacher accused him of stealing some money belonging to another child. Then those teachers have beaten Rasul and later brought to the office of the principal. Then the principal also beat Rasul severely. Later these students have learned that the certain money have been found from the possession of Rasul. Further students have learned that Rasul have confessed to have eaten some food from the canteen with Rs. 60. After beating him the principal expelled Rasul from the school at 12.30 pm asking him to come to the school the next day with the mother. Then Rasul have left the school screaming in distress and pain.

Then Fathima went to the school and met the principle Mr. Mohamad Jaseem. She has inquired as to what happened to her child at the school, stating that he had not yet returned home. The principal told her that he punished the child for stealing some money and then sent him home. When the Fathima accused the principal for sending the small child who was just 11 years old alone to his home the principle stated that it was to punish the child.

Then Fathima searched everywhere possible but could not get any information regarding the child. She went to the Kochchikade Police Station to make a complaint. Further she explained about the torture of her child by two teachers and the principal. After listening to the whole story the officers at the police station told her that as the matter happened at the school there was no need to make record the complaint at the police. Though she insisted the police officers to record the complaint and take all the necessary action for search the child the officers refused to do anything. In this the police have failed in their duty to protect an innocent child in that it does not matter where an offense is committed. It is their sworn duty to uphold the law.

Fathima states that police have failed to comply with the law. She further states that her rights and the rights of her child have been violated by the school principal, two teachers and the police officers attached to the Kochchikade Police Station. Later Fathima made a complaint to the Zonal Educational Office at Negombo and to the Kochchikade Police Station with the assistance of Civil Society Organization, Right 2 Life Orgainization. But still both authorities have not yet taken any action for find the child or investigate the crimes.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent children by the several educational institutions which are illegal under international and local law which have taken place at different educational institutions in the country over the past few years.

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers.

SUGGESTED ACTION:
Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate investigation into the allegations torturing by teachers and the principle and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers' powers.

Please note that the AHRC has also written separate letters to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Chairperson of the Committee on the Rights of the Child on this regard.

To support this appeal please click here:

SAMPLE LETTER:

Dear ________,

SRI LANKA: Police refuse to investiage the case of a girl who disappeared after torture by a school principal

Name of the victim: school boy Mohamad Rasul (11) is a resident of No: 33/05, Palliyawatte, Poruthota, Koshshikade
Alleged perpetrators:
1. Mr. Mohamad Jaseem, principle of Palanguthura Al-Fala School
2. Two other unidentified teachers of Palanguthura Al-Fala School
Date of incident: 19 January 2012
Place of incident: Palanguthura Al-Fala School

I am writing to express my serious concern over the case of Mohamad Rasul (11) is a resident of No: 33/05, Palliyawatte, Poruthota, Koshshikade. Rasul was a student of Palanguthura Al-Fala School. On the 19 January after being subjected to severe torture by the principle Rasul was expelled from the school at 12.30 pm. Up to now Rasul remains missing. The officers attached to the Kochcikade Police Station are refusing to accept or investigate the complaint made by his mother.

According to his mother, Ms. Iyinun Fathima, on 19 January 2012, Rasul went to his school as usual to attend his education sessions in his class. After the school sessions usually Rasul returned to the house around 1.45 pm. But on this particular day as he did not return and after waiting for some time Fathima went in search for him.

Some fellow students told her that after Rasul came to the class two teacher accused him of stealing some money belonging to another child. Then those teachers have beaten Rasul and later brought to the office of the principal. Then the principal also beat Rasul severely. Later these students have learned that the certain money have been found from the possession of Rasul. Further students have learned that Rasul have confessed to have eaten some food from the canteen with Rs. 60. After beating him the principal expelled Rasul from the school at 12.30 pm asking him to come to the school the next day with the mother. Then Rasul have left the school screaming in distress and pain.

Then Fathima went to the school and met the principle Mr. Mohamad Jaseem. She has inquired as to what happened to her child at the school, stating that he had not yet returned home. The principal told her that he punished the child for stealing some money and then sent him home. When the Fathima accused the principal for sending the small child who was just 11 years old alone to his home the principle stated that it was to punish the child.

Then Fathima searched everywhere possible but could not get any information regarding the child. She went to the Kochchikade Police Station to make a complaint. Further she explained about the torture of her child by two teachers and the principal. After listening to the whole story the officers at the police station told her that as the matter happened at the school there was no need to make record the complaint at the police. Though she insisted the police officers to record the complaint and take all the necessary action for search the child the officers refused to do anything. In this the police have failed in their duty to protect an innocent child in that it does not matter where an offense is committed. It is their sworn duty to uphold the law.

Fathima states that police have failed to comply with the law. She further states that her rights and the rights of her child have been violated by the school principal, two teachers and the police officers attached to the Kochchikade Police Station. Later Fathima made a complaint to the Zonal Educational Office at Negombo and to the Kochchikade Police Station with the assistance of Civil Society Organization, Right 2 Life Orgainization. But still both authorities have not yet taken any action for find the child or investigate the crimes.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture by the school teachers and the principal and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers and for wrongful prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N K Illangakoon
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Ms. Eva Wanasundara
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
E-mail: ag@attorneygeneral.gov.lk

3. Secretary
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: npcgen@sltnet.lk or polcom@sltnet.lk

4. Secretary
Sri Lanka Human Rights Commission
No. 108
Barnes Place
Colombo 07
SRI LANKA
Tel: +9411 2694925, +9411 2685980, +9411 2685981
Fax: +9411 2694924 (General) +94112696470 (Chairman)
E-mail: sechrc@sltnet.lk


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-015-2012
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.