SRI LANKA: 13 year old school child is beaten by a teacher in full view of the class – once again the educational authorities take no action

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that a 13 year-old school child was beaten by his class teacher in full view of the other students of his class. The parents of the child and others demonstrated in front of the school and the educational authorities promised to take action. However, to date no such action has taken place. The perpetrator is still working at the same school under the Ministry of Education. This case is one of many where teachers enjoy impunity for their brutal treatment of the children in their care. 

CASE NARRATIVE: 

According to the information that the Asian Human Rights Commission (AHRC) received Mr. Vimalasena Tuduwara and Ms. Wickramasinghe Vithanage Gunasilee are the father and the mother of Janith Chathuranga Tuduwara (13) of Malpudanaella, Pitabaddara in the Matara District. 

Janith studies at grade 8 of the Ptabaddara Navodya National School. On 14 July 2011 Janith went to school as usual. When the class teacher came to the class and asked the students as to how the table cloth on the teachers table got dirty no one offered an explanation. The class teacher then ordered the students to throw away the table cloth. Janith raised his hand and told the teacher of his wiliness to take the table cloth home and asked his parents to launder it. Janith further informed the teacher that as the table cloth was bought by the money collected by the students he thought it should be reused. 

On hearing this the teacher became angry and shouted at Janith. Without warning he took a wooden pole and started to beat the child. This incident was witnessed by the all the students of the class but none of them were able to stop the teacher. As a result of the beating Janith received an injury to the head and was admitted to the Morawaka Government Hospital. 

In order to oppose the assault on Janith the other parents organised a protest on 17 July 2011 in front of the school. While the protest was going on the officers of the Divisional Educational Office spoke to the protestors and pleaded with them to stop the protest. They promised the protestors that they would initiate a investigation into the incident and would take necessary actions against the perpetrator. The protestors were satisfied with this explanation and stopped their action. 

However, until now neither the police nor the educational authorities have investigated the incident of the torture of a 13-year-old student. Once again justice has been denied and the educational authorities are covering up for one of their teachers despite the fact that the beating was done in front of witnesses. The promises of the educational authorities were made simply to halt a potentially embarrassing situation. However, now they have to explain, not only to the parents of the child and other children of the school, but also to the Sri Lankan public why they have failed to take action against a cruel and arrogant teacher. 

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

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 case, please click here: SEND APPEAL LETTER