SRI LANKA: Principal who committed torture promoted to Ministry of Education

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAMME

Urgent Appeal Case: AHRC-UAC-043-2011

 

23 February 2011
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SRI LANKA: Principal who committed torture promoted to Ministry of Education

ISSUES: Torture; fair trial; right to education; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 16 year-old school child, Lahiru Madushan Suriarachchi of Horana Royal College was ill-treated by the principal of his school. The child had his cut his hair and was beaten severely by the principal. When the parents went to make a complaint to the Zonal Educational Office the principal expelled the student. Lahiru was treated in Horana Government Hospital, Panadura Base Hospital and the ENT Clinic at Rathmalana. The doctors diagnosed that both of the student's ears were damaged by the beating. Though Lahiru was admitted to another school, due to the influence of perpetrator he was assaulted two occasions. The police and the Educational authorities are not implementing the law against the perpetrator who instead has been promoted to the Ministry of Education. This case is yet another illustration of the exceptional collapse of the rule of law in the country.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission Lahiru Madushan Suriarachchi (16) of 'Lahiru', Keselnawa Kaluthara Road, Dombagoda, Horana in the district of Kaluthara was a student of Horana Royal College.



He was preparing for the Ordinary Level examination which was scheduled to be held at the end of the year. Lahiru was one of the brilliant students who performed well from his education. Further he was one of the students who won the Island wide National Competition in Dancing. Then he was called for a stage exhibition held at the Zonal Educational Office also. From his early childhood neither teachers or students had made any complaint against Lahiru at any time.

Also Lahiru's mother was one of the most active parents in the school. She trained the primary students for sports for several years voluntarily.

In the year 2009 he studied at Horana Royal College in 11 year class. As usual on 11 March he went to the school. In the morning suddenly he received a message to appear before the principle and immediately went before him. The principle showed him a mobile phone and asked if he knew the owner of the phone. Lahiru told the principle that he knew nothing about the phone. Then without warning the principle took a pair of scissors and started to chop his hair in places.

Lahiru was afraid and the principle continuously questioned Lahiru. Then without warning he started to cane him demanding that he tell the truth. After that the principle grabbed the boy's tummy and twisted the flesh and pulled upwards. (This is a common punishment in Sri Lankan schools).

Lahiru understood that the phone belonged to another student, Nuwan, who was a neighbour. But he did not wanted to reveal that truth as he thought that Nuwan would face severe consequences. Nuwan belonged to a poor family and he had lost his father. Further his mother lived with enormous economic difficulties after the death of her husband to earn a living for her three children. Lahiru did not want to cause trouble for him.

Due to the enormous fear and pain Lahiru told the principal the phone belonged to him. Then the principal beat him about the face, head and eyes. The principle beat him several times. Then the principal ordered him to kneel down on the ground in front of the office. Many students and teachers who passed the office all saw him kneeling there. Lahiru experienced severe mental and physical anguish for many hours. Also despite asking to be allowed to eat something this was refused.

Around 1.30pm Lahiru saw that the students and the teachers started to leave the school and he was told by the principal to come to his office. Then he gave a paper and pen and forced Lahiru to write a letter stating that he had given the mobile phone to a girl student in the school. Following his dictation Lahiru wrote that letter. Then the principal forced Lahiru to sign it which he did. The principal then informed Lahiru that he was suspended for two weeks. After that period he should come with the parent to the school.

As the hair of Lahiru was cut unevenly he felt shame to go out in public so he borrowed a hat from a school friend and went home. At the home he informed the incident to the mother.

The next day the mother and father along with Lahiru went to the Zonal Education Office at Horana and saw the Director of Education. Immediately after they entered to the Director's officer the director indentified Lahiru and praised his talents and skills. The director told them that he still remembered his talent where she observed the exhibition held after winning the Island Wide National Competition. Then she asked for the reason for their visit to the office. The parents showed the marks of contusions and how Lahiru's hair had been cut. They noticed that the director was shocked.

Then immediately the director telephoned to the principal of Horana Royal College and inquired about the incident. After completing the call the director informed the Lahiru and his parent that the principal had tortured him in the best interests of the child. So he advised the parent just to accept what had happened. Further she told that we have to accept the side of ship after it turns over in the water. The parents of Lahiru were frustrated and came home after handing over the written complained to the director.

As the parent desperately wanted to continue with his education one week later on 18 March the parents went to the school. Then the principal asked only the parent to come inside his office. When they went him he informed the parents that he did not have a problem with Lahiru but that presently the problem was with the mother. The principal scolded her for making a complaint to the Director of Zonal Educational Office. Further he told that as that school is a National School it is only the Ministry of Education of Central Education that can make orders and the Director of Zonal Education Office who can make interventions. Finally he told the parents that he was expelling Lahiru from his school and to accept the School Leaving Certificate from the clerk of his office.

The parents state that there was no valid reason to expel Lahiru from the school.

After Lahiru was subjected to the torture he has experienced continuous pain. Further on some occasions he experiences unbearable pain in his ears followed by tinnitus. He also suffered sweating and faintness. His mother took him to the Women and Child Care Bureau and made a complaint. The officers accepted the complaint and issued a Medico Legal Examination Form (MLEF) and asked them immediately to go to a hospital for treatment.

Lahiru was brought to the Horana Government Hospital on 1 April where he was admitted for further treatment. The Assistant Judicial Medical Officer also examined him. The doctors, considering the severity of the injuries transferred Lahiru to the Base Hospital Panadura for further treatment and he was warded there. Then he was referred to the ENT Consultant for treatment. Finally the ENT Consultant referred Lahiru to the Audiology Clinic at Rathmalana. The doctors discovered that both ears were damaged, the left more severely. Lahiru is still getting treatment for this damage.

The parents wanted to find a new school for Lahiru to continue his education. They wrote to President Rajapakse and also the Prime Minister who issued a letter of introduction to the Horana Shreepali College where Lahiru was accepted.

The second day at the new school Lahiru was beaten by a group of students. Later the parent leaned that the wife of the principal of Horana Royal College is also working there and they believe that the assault was arranged by Lahiru's former principal.

He had to stop going to school and finally his parents made private arrangements to continue his education. Then he applied for the Ordinary Level Examination as a private candidate. He went to sit for the exam on December 2009. Even there also Lahiru was assaulted by a group of students. The parents then made a complaint to the Horana Police Station. The examination authorities allowed his mother to sit in close proximity to Lahiru while he is answering the papers. Despite all of the tribulations Lahiru had undergone he passed all of the papers (ten) with the exception of mathematics.

Meanwhile the police station of Horan informed parents to appear before the Mediation Board. They went for several occasions but the principal did not appear. Finally board members informed them that they referred the matter to the police for file the case in Magistrate Court. Still the parents are waiting for justice as the police have not yet filed a criminal case against the perpetrator.

The parent complained to the Inspector General of Police, National Police Commission and to the Human Rights Commission of Sri Lanka on this matter but none of these institutions have initiated investigations on this regard.

Lahiru and his parent states that the educational authorities and the police department are intentionally neglecting their duty to investigate the crimes. Further, the authorities are intentionally working to protect the perpetrator while denying justice to them. Further the parent state that it is the duty of the Officer-in-Charge (OIC) of the Horana Police Station to file a criminal case in Magistrate Court and seek the order of Magistrate to refer the case with necessary evidence to the Attorney General to proceed to file an indictment following the provision of the Convention Against Torture and other Inhuman and Degrading Punishment Act No 22 of 1994 (the CAT Act).

Amongst all these accusations a few days ago, the principal of Horana Royal College was promoted to the Ministry of Education by the educational authorities. The parents of Lahiru state that they were denied justice and the perpetrators were promoted while the state worked to encourage impunity.

The right to education of Lahiru was blatantly violated by the state authorities who did not take any steps to uphold his rights irrespective of continued appeals made by them.

The victim narrated the way how he was tortured in the video.

ADDITIONAL COMMENTS:

The Asian Human Rights Commission has reported innumerable cases of torturing innocent by different state authorities in Sri Lanka which are illegal under international and local law which have taken place at different state premieres including different Police Station in the country over the past few years.

Constitution of Sri Lanka has guaranteed the right freedom from torture. According to the Article 11 of the constitution "No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment". Article 12 (1) of the Constitution of Sri Lanka has guaranteed the right to equality for all persons as stated that 'all persons are equal before the law and are entitled to the equal protection of the law'.

Further state of Sri Lanka has not ratified the International Convention on the Rights of Persons with Disabilities and its Optional Protocol.

International Covenant on Civil and Political Rights (ICCPR)
Furthermore, Sri Lanka has signed and ratified the International Covenant on Civil and Political Rights (ICCPR). Nevertheless the lack of protection offered to those who are willing to take cases against abusive police officers and the state authorities, means that the law is under-used continues to be employed as a tool by the police to harass people. This not only takes a long-term toll on the victim and his or her family, but on society as a whole, by undermining of civilian respect for the law and encouraging impunity.

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
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 of torturing, by state perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state officers and for mis-prosecution. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the educational department. Further, please also request the Minister of Education and the Secretary of Education of Central Government of Sri Lanka to have a special investigation into the case of torturing and abusing the state officers' powers illegally in favor of private parties.

Please note that the AHRC has also written a separate letter to the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and to 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: Principal who committed torture promoted to Ministry of Education

Name of the victim: Lahiru Madushan Suriarachchi (16)
Alleged perpetrator: Former Principal of Horana Royal College
Date of incident: 11 March 2009
Place of incident: Horana Royal College in Kaluthara District

I am writing to express my serious concern over the case of Lahiru Madushan Suriarachchi (16) of 'Lahiru', Keselnawa Kaluthara Road, Dombagoda, Horana in the district of Kaluthara was a student of Horana Royal College.

He was preparing for the Ordinary Level examination which was scheduled to be held at the end of the year. Lahiru was one of the brilliant students who performed well from his education. Further he was one of the students who won the Island wide National Competition in Dancing. Then he was called for a stage exhibition held at the Zonal Educational Office also. From his early childhood neither teachers or students had made any complaint against Lahiru at any time.

Also Lahiru's mother was one of the most active parents in the school. She trained the primary students for sports for several years voluntarily.

In the year 2009 he studied at Horana Royal College in 11 year class. As usual on 11 March he went to the school. In the morning suddenly he received a message to appear before the principle and immediately went before him. The principle showed him a mobile phone and asked if he knew the owner of the phone. Lahiru told the principle that he knew nothing about the phone. Then without warning the principle took a pair of scissors and started to chop his hair in places.

Lahiru was afraid and the principle continuously questioned Lahiru. Then without warning he started to cane him demanding that he tell the truth. After that the principle grabbed the boy's tummy and twisted the flesh and pulled upwards. (This is a common punishment in Sri Lankan schools).

Lahiru understood that the phone belonged to another student, Nuwan, who was a neighbour. But he did not wanted to reveal that truth as he thought that Nuwan would face severe consequences. Nuwan belonged to a poor family and he had lost his father. Further his mother lived with enormous economic difficulties after the death of her husband to earn a living for her three children. Lahiru did not want to cause trouble for him.

Due to the enormous fear and pain Lahiru told the principal the phone belonged to him. Then the principal beat him about the face, head and eyes. The principle beat him several times. Then the principal ordered him to kneel down on the ground in front of the office. Many students and teachers who passed the office all saw him kneeling there. Lahiru experienced severe mental and physical anguish for many hours. Also despite asking to be allowed to eat something this was refused.

Around 1.30pm Lahiru saw that the students and the teachers started to leave the school and he was told by the principal to come to his office. Then he gave a paper and pen and forced Lahiru to write a letter stating that he had given the mobile phone to a girl student in the school. Following his dictation Lahiru wrote that letter. Then the principal forced Lahiru to sign it which he did. The principal then informed Lahiru that he was suspended for two weeks. After that period he should come with the parent to the school.

As the hair of Lahiru was cut unevenly he felt shame to go out in public so he borrowed a hat from a school friend and went home. At the home he informed the incident to the mother.

The next day the mother and father along with Lahiru went to the Zonal Education Office at Horana and saw the Director of Education. Immediately after they entered to the Director's officer the director indentified Lahiru and praised his talents and skills. The director told them that he still remembered his talent where she observed the exhibition held after winning the Island Wide National Competition. Then she asked for the reason for their visit to the office. The parents showed the marks of contusions and how Lahiru's hair had been cut. They noticed that the director was shocked.

Then immediately the director telephoned to the principal of Horana Royal College and inquired about the incident. After completing the call the director informed the Lahiru and his parent that the principal had tortured him in the best interests of the child. So he advised the parent just to accept what had happened. Further she told that we have to accept the side of ship after it turns over in the water. The parents of Lahiru were frustrated and came home after handing over the written complained to the director.

As the parent desperately wanted to continue with his education one week later on 18 March the parents went to the school. Then the principal asked only the parent to come inside his office. When they went him he informed the parents that he did not have a problem with Lahiru but that presently the problem was with the mother. The principal scolded her for making a complaint to the Director of Zonal Educational Office. Further he told that as that school is a National School it is only the Ministry of Education of Central Education that can make orders and the Director of Zonal Education Office who can make interventions. Finally he told the parents that he was expelling Lahiru from his school and to accept the School Leaving Certificate from the clerk of his office.

The parents state that there was no valid reason to expel Lahiru from the school.

After Lahiru was subjected to the torture he has experienced continuous pain. Further on some occasions he experiences unbearable pain in his ears followed by tinnitus. He also suffered sweating and faintness. His mother took him to the Women and Child Care Bureau and made a complaint. The officers accepted the complaint and issued a Medico Legal Examination Form (MLEF) and asked them immediately to go to a hospital for treatment.

Lahiru was brought to the Horana Government Hospital on 1 April where he was admitted for further treatment. The Assistant Judicial Medical Officer also examined him. The doctors, considering the severity of the injuries transferred Lahiru to the Base Hospital Panadura for further treatment and he was warded there. Then he was referred to the ENT Consultant for treatment. Finally the ENT Consultant referred Lahiru to the Audiology Visual Clinic at Rathmalana. The doctors discovered that both ears were damaged, the left more severely. Lahiru is still getting treatment for this damage.

The parents wanted to find a new school for Lahiru to continue his education. They wrote to President Rajapakse and also the Prime Minister who issued a letter of introduction to the Horana Shreepali College where Lahiru was accepted.

The second day at the new school Lahiru was beaten by a group of students. Later the parent leaned that the wife of the principal of Horana Royal College is also working there and they believe that the assault was arranged by Lahiru's former principal.

He had to stop going to school and finally his parents made private arrangements to continue his education. Then he applied for the Ordinary Level Examination as a private candidate. He went to sit for the exam on December 2009. Even there also Lahiru was assaulted by a group of students. The parents then made a complaint to the Horana Police Station. The examination authorities allowed his mother to sit in close proximity to Lahiru while he is answering the papers. Despite all of the tribulations Lahiru had undergone he passed all of the papers (ten) with the exception of mathematics.

Meanwhile the police station of Horan informed parents to appear before the Mediation Board. They went for several occasions but the principal did not appear. Finally board members informed them that they referred the matter to the police for file the case in Magistrate Court. Still the parents are waiting for justice as the police have not yet filed a criminal case against the perpetrator.

The parent complained to the Inspector General of Police, National Police Commission and to the Human Rights Commission of Sri Lanka on this matter but none of these institutions have initiated investigations on this regard.

Lahiru and his parent states that the educational authorities and the police department are intentionally neglecting their duty to investigate the crimes. Further, the authorities are intentionally working to protect the perpetrator while denying justice to them. Further the parent state that it is the duty of the Officer-in-Charge (OIC) of the Horana Police Station to file a criminal case in Magistrate Court and seek the order of Magistrate to refer the case with necessary evidence to the Attorney General to proceed to file an indictment following the provision of the Convention Against Torture and other Inhuman and Degrading Punishment Act No 22 of 1994 (the CAT Act).

Amongst all these accusations a few days ago, the principal of Horana Royal College was promoted to the Ministry of Education by the educational authorities. The parents of Lahiru state that they were denied justice and the perpetrators were promoted while the state worked to encourage impunity.

The right to education of Lahiru was blatantly violated by the state authorities who did not take any steps to uphold his rights irrespective of continued appeals made by them.

I request your urgent intervention to ensure that the authorities listed below instigate an immediate investigation into the allegations of torture, by the state perpetrators, 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. Mahinda Balasuriya
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440 / 327877
E-mail: igp@police.lk

2. Mr. Mohan Peiris
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)