SRI LANKA: Police allegedly threatened a complainant to withdraw his case

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that the Ahungalla police threatened and pressurized a family who lodged a complaint about a teacher’s assault on their son on January 30, 2009. Police visited the school but did not conduct a proper inquiry. The matter was then referred to the Mediation Board. Teachers involved threatened other students not to give evidence. 

CASE DETAILS: (based on the testimony of Edirimuni Nipun Sangeeth Kumudupriya de Silva (15 years, male) and his mother Thalpaheva Indra de Silva (60) 

Edirimuni Nipun Sangeeth Kumudupriya de Silva (15) is a student in grade 11 at the Rewatha National School Balapitiya. He was severely assaulted by a teacher Upali Dodangoda on January 30, which caused him to be admitted to the Balapitiya General Hospital on February 2. Due to the injuries sustained in this assault, he required treatment for four days until February 6 and then again for two days. 

He sustained contusions to his intestines through squeezing of the stomach during the assault. At the hospital police took a statement from him regarding the attack and Sangeeth together with his family were called to the Ahungalla Police Station on February 7. 

On February 8, as Sangeeth became ill again, his mother filed another complaint at the police station. They were called to the police station on February 11, at which time the teacher was also present. However, Mr. Wijewickrama, the Officer-in-Charge of the police station insulted the mother and threatened her subjecting her to great pressure to withdraw the complaint. As Sangeeth’s family did not agree to this, this matter was referred to the Mediation Board. 

Chandrananda, a former principal of the school, now working at the Education Department of Balapitiya as well as a member of the Mediation Board also took part in the proceedings. The constable officer Gamini recorded the event. Then, Sangeeth and his family were asked to go to the school accompanied by two police officers. They met the principal of the school. The principal called forth the boys who witnessed the incident and six students came forward. 

However, a teacher named Chitral Jayasekara, standing near the staircase on the way to the principal’s office, allegedly threatened those students that if anyone of them gave evidence they would barred from sitting for the exam. 

The police officers, however,did not intervene. They merely asked if they had seen the teacher Uplai Dodangoda assaulting Sangeeth. All of them answered in the affirmative. However, they were hesitant to go into detail. This was a result of the police officers statement. If they gave evidence, they would be called to court to testify to the circumstances under which the teacher Chitral allegedly threatened them. 

Sangeeth continued to attend school. But he was continuously threatened and harassed by the teacher Chitral who kept saying that Sangeeth would be expelled from school. He moreover threatened other students in the school not to talk with Sangeeth. 

Sangeeth’s mother sent a written complaint about the incident to the government authorities including the Department of Education and Inspector General of Police on February 17. She claimed that due disciplinary and legal action must be taken against those teachers who assaulted Sangeeth and prevented other students from telling the truth. 

ADDITIONAL INFORMATION 

On January 30, 2009, the students of Grade 11 C, to which Sangeeth belonged, had seen teacher Chitral Jayasekara in an immoral and compromising position with a female teacher in a classroom during school hours. On seeing them, some mischievous boys hooted and made cat calls. 

Of the boys who had hooted, one had been assaulted by the teacher Upali Dodangoda. Then, the boys started to hoot at teacher Upali Dodangoda using a mischievous phrase. In this way, shouting and laughing the boys came into the classroom. 

A little while later, the teacher Upali Dodangoda came into the class demanding to know who had hooted and pulled Sangeeth out of his seat and squeezed his stomach. 

SUGGESTED ACTION: 
Please write to the relevant authorities listed below and urge them to investigate the assault by the teachers and the threats by the police. It is of the utmost importance that Sangeeth continue his education without additional harassment from his teachers. 

The AHRC also wrote a separate letter to the UN Special Rapporteur on the question of torture and right to education calling for intervention in this matter.

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