SRI LANKA: A young girl was denied justice by the Peradeniya Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-089-2013
ISSUES: Impunity, Judicial system, Rule of law, Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information concerning the attack on Ms. Ashcharya Tashini Iddamalgoda. Ashcharya (13) is a brilliant student with a pleasant personality. When she rebuffed the advances of a male student she was attacked during a school interval. Despite the hospital records showing that her injury was the result of an attack neither the police nor the school authorities have taken any steps to find the culprit.

CASE NARRATIVE:

Ashcharya Tashini Iddamalgoda (13) of No: 1, Mampitiya, Handessa (Peradeniya) in Kandy District is a student at Mahanama College, Gettembe in Kandy where she studies in year 9A. She has an elder brother studying in Viddhyartha College in year 10 in Kandy. Her father, Karunathilake Iddamalgoda, is a businessman and her mother is a Homeopathy Medical Doctor.

Ashcharya has reputation as an intelligent student with a pleasant personality and always excels in her studies. Since Mahanama College is a mixed school she comes into contact with boy students and some have expressed their interest in having a relationship with her. However, her interest was in her studies and therefore she rejected the proposals. A year 13 student by the name of Dilan pestered her about starting a relationship and began to threatened her. Ashcharya informed this to her class teacher, Mrs. Tamara Ariyartne.

On 20 March, 2013 during the interval when Ashcharya was outside the classroom, a male student from the school suddenly assaulted the back of her head, with a metal bottle and ran away. Ashcharya was in pain but still attended the class. However, she fainted during the final period and the school authorities informed her father. Ashcharya was then accompanied to the Peradeniya Teaching Hospital by three teachers including her class teacher Mrs. Tamara, and was admitted to the ward no. 2.

According to Ashcharya, she was unconscious at that time of admission. She states that she found herself lying in the hospital bed after a few hours. She was warded in the hospital until the evening of 21 March. In the diagnosis card the doctor made the entry: “soft tissue injury following an assault”.

Furthermore, the Judicial Medical Officer (JMO) has said that it could have been fatal, if the blow had struck her a few inches lower. The incident was reported by the hospital authorities to the Peradeniya Police Station and a statement was recorded from the victim while she was in the hospital ward. However, even three month after the incident no investigations have been done either by the school authorities or by the Peradeniya police.

When Ashcharya returned to school on 25 March 2013, the teachers found fault with her as her mother questioned them regarding the incident and responsibility of the school authorities. However she completed her first term examinations and was placed second in the class. Due to continued harassment by the class teacher and the staff of the school, Ashcharya finally left the school after the first term test. She is now at home and does not attend any classes.

So far there has not being any kind of investigation by the school and the principal has stated that he cannot be responsible for what had happened. He claimed that the school could not be responsible for incidents that take place during intervals. Further, the officers of the Peradeniya Police Station also have not proceeded further regarding the complaint.

Ashcharya’s father made another complaint to the Kandy Headquarters Police Station on 4 May with the reference 2013 CIB 131/40 but even in this complaint no action has been taken. Ashcharya’s parents feel that Justice has not been delivered for Ashcharya.

SUGGESTED ACTION:
Please send a letter to the authorities of Sri Lanka expressing your concern about this case and requesting an immediate investigation into the allegations not implementing the laws by the police perpetrators, 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 a separate letter to the Special Rapporteur on violence against women, including its causes and consequences on this regard.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: A young girl was denied justice by the Peradeniya Police

Name of the victim: Ashcharya Tashini Iddamalgoda (13) of No: 01, Mampitiya, Handessa (Peradeniya) in Kandy District
Alleged perpetrator: Officers attached to the Peradeniya Police Station
Date of incident: 20 March 2013
Place of incident: Mahanama College Gettembe in Kandy

I am writing to express my serious concern over the case of Ms. Ashcharya Tashini Iddamalgoda (13) of No: 1, Mampitiya, Handessa (Peradeniya) in Kandy District. Ashcharya is a student at Mahanama College, Gettembe in Kandy where she studies in year 9A. She has an elder brother studying in Viddhyartha College in year 10 in Kandy. Her father, Karunathilake Iddamalgoda, is a businessman and her mother is a Homeopathy Medical Doctor.

Ashcharya is an intelligent student with a pleasant personality and always excels in her studies. Since Mahanama College is a mixed school she comes into contact with boy students and some have expressed their interest in having a relationship with her. However, her interest was in her studies and therefore she rejected the proposals. A year 13 student by the name of Dilan pestered her about starting a relationship and began to threatened her. Ashcharya informed this to her class teacher, Mrs. Tamara Ariyartne.

On 20 March, 2013 during the interval when Ashcharya was outside the classroom, a male student from the school suddenly assaulted the back of her head, with a metal bottle and ran away. Ashcharya was in pain but still attended the class. However, she fainted during the final period and the school authorities informed her father. Ashcharya was then accompanied to the Peradeniya Teaching Hospital by three teachers including her class teacher Mrs. Tamara, and was admitted to the ward no. 2.

According to Ashcharya she was unconscious at that time of admission. She states that she found herself lying in the hospital bed after a few hours. She was warded in the hospital until the evening of 21 March. In the diagnosis card the doctor made the entry: “soft tissue injury following an assault”.

Furthermore, the Judicial Medical Officer (JMO) has said that it could have been fatal, if the blow had struck her a few inches lower. The incident was reported by the hospital authorities to the Peradeniya Police Station and a statement was recorded from the victim while she was in the hospital ward. However, even three month after the incident no investigations have been done either by the school authorities or by the Peradeniya police.

When Ashcharya returned to school on 25 March 2013, the teachers found fault with her as her mother questioned them regarding the incident and responsibility of the school authorities. However she completed her first term examinations and was placed second in the class.

Due to continued harassment by the class teacher and the staff of the school, Ashcharya finally left the school after the first term test. She is now at home and does not attend any classes. So far there has not being any kind of investigation by the school and the principal has stated that he cannot be responsible for what had happened. He claimed that the school could not be responsible for incidents that take place during intervals. Further, the officers of the Peradeniya Police Station also have not proceeded further regarding the complaint.

Ashcharya’s father made another complaint to the Kandy Headquarters Police Station on 4 May with the reference 2013 CIB 131/40 but even in this complaint no action has been taken. Ashcharya’s parents feel that Justice has not been delivered for Ashcharya.

I request your urgent intervention to ensure that the authorities of Sri Lanka instigate an immediate investigation into the allegations not implementing the laws by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of state officers. 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,

——————— 
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. Mr. Sarath Palitha Fernando
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: 165 Kynsey Road,
Borella, Colombo 8.
SRI LANKA
Fax: +94 11 2694924
Email: sechrc@sltnet.lk

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-089-2013
Countries : Sri Lanka,
Issues : Impunity, Judicial system, Rule of law, Violence against women,