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SRI LANKA: Brutal assault of an eight-year-old girl by her class teacher

March 14, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

14 March 2006
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UA-089-2006: SRI LANKA: Brutal assault of an eight-year-old girl by her class teacher

SRI LANKA: Brutal assault; child abuse; right to education; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of 8-year-old, UG Isani Madushani by her class teacher, Sarath on 22 February 2006.

On February 22, at around 12 noon, Isani Madushani was attending her math class. Her class teacher, Sarath instructed her to recite the multiplication table but she made a mistake, thereupon the teacher brutally struck her with a metre ruler about five times on her back, shoulders and face. Isani began to bleed from her cheek and her class mates brought this to attention of the teacher. The teacher, however, showed little concern and said, “never mind, let her bleed”.

When school was finished for the day Isani’s father, UG Sunil Gamini came to take her home. He noticed that she was bleeding and had blood on her uniform. He immediately carried her to the Udugama Police Station and lodged a compliant against the brutal assault. The police afforded him the necessary medical forms and directed him to the Udugama District Hospital, where Isani was admitted and medically treated for three days.

Upon returning home on February 25, UG Sunil Gamini complained via registered post to the Zonal education director and educational authorities on the injustice committed against his daughter. Later the Udugama Police transferred the matter to the Hiniduma Police whose jurisdiction the school is in. However, the Hiniduma Police failed to visit the victim or record her statement. Instead the police sent a message through four teachers of the same school requesting UG Sunil Gamini to come to the police station with his daughter.

Accordingly on March 2, the father and daughter visited the Hiniduma police station. Present at the police station were the Officer in Charge (OIC), several other policemen, eight teachers from the school including the perpetrator, his wife and the school principal. UG Sunil Gamini complained but the OIC and other policemen tried to coerce him into settling the matter with the perpetrator. In the process they even threatened him with arrest for having been an absentee from the Army.

The teacher too pressurised him to refrain from taking legal action and instead accept money in settlement for the case. The perpetrator’s wife also offered to pay him whatever amount he wanted. However, UG Sunil Gamini stood firm and insisted that all he wanted was for justice to be served. With little choice left, it was only then that the OIC ordered Isani Madushani’s statement be recorded. Finally on March 9, the police charged the teacher before court and had him released on bail.

UG Sunil Gamini also complained a day before the court hearing about the perpetrator and other teachers from the school for having organised a meeting for parents of all the students within the school premises. Addressing the gathering, the perpetrator and his colleagues attempted to instigate the parents to persuade UG Sunil Gamini to refrain from taking legal action. UG Sunil Gamini has also learned from reliable sources that the perpetrator and his colleagues are, by coercion or undue influence, attempting to prevent students from giving evidence on behalf of his daughter.

It is also worth noting that ever since the incident Isani Madushani has been deprived of her right to education. That is, the child now refuses to go to school because she is scared of being assaulted again by the teacher. Even though her father has informed this matter to the educational authorities and requested them to take necessary action, to date he has not received any reply.

Moreover UG Sunil Gamini and his daughter said that the perpetrator had previously inhumanly assaulted five other students, but no action had been taken against him.

Unfortunately, Isani’s case is not an isolated one whereby teachers brutally assaulted their students. The AHRC has previously reported on several cases in Sri Lanka regarding this matter (See further: UA-060-2006, UA-173-2005, UA-171-2005 and UA-85-2005).

SUGGESTED ACTION

Please write to the relevant officials listed below condemning the actions of the perpetrator, the other teachers, the principal of the school and concerned authorities regarding this case. Please highlight that physically punishing/assaulting schoolchildren is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. The perpetrator should therefore be punished for his inhuman assault on Isani and also questioned about the allegations of assault he has committed against other students. The other teachers who attempted to instigate the parents to persuade UG Sunil Gamini to refrain from taking legal action should also be punished or suspended from their work. The educational authorities, who were aware of this incident but did not take any action, should also be disciplined for their inaction and must ensure the safe return to school for the victim. Finally, disciplinary action must be taken against personnel at the Hiniduma police station for their misconduct in this case.

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Suggested letter:

Dear __________,

SRI LANKA: Brutal assault of an eight-year-old girl by her class teacher

Name of victim: UG Isani Madushani, eight-years-old, grade 4 student of the Mahabodhi School
Name of alleged perpetrator: Sarath, a grade 4 class teacher of the Mahabodhi School
Place of incident: Mahabodhi School, Panagala Galle
Date of incident: 22 February 2006

I am writing to you with deep concern regarding the brutal assault of an eight-year-old girl by her class teacher.

According to the information I have received, on 22 February 2006, Isani Madushani was assaulted by her class teacher, Sarath with a ruler after having made a mistake when reciting the multiplication table. Consequently, Isani began to bleed from her cheek but the teacher showed little concern and said, “never mind, let her bleed”.

When her father, UG Sunil Gamini collected her from school at the end of the day he noticed that she was bleeding and had blood on her uniform and immediately carried her to the Udugama Police Station to lodge a complaint. She was admitted to the Udugama District Hospital and medically treated for three days.

When the matter was transferred to the Hiniduma police station, whose jurisdiction the school falls within, the Officer-in-Charge and other policemen there attempted to coerce the father into settling the case and the teacher pressurised him to refrain from taking legal action and offered money. UG Sunil Gamini stood firm and insisted that all he wanted was for justice to be served. It was only then that the OIC ordered Isani’s statement be recorded. Finally, the police charged the perpetrator before court and had him released on bail.

However, the perpetrator and other school teachers then attempted to coerce other parents to persuade UG Sunil Gamini to refrain from taking legal action and they have, by coercion or undue influence, attempted to prevent students from giving evidence on behalf of the victim.

Since the incident the victim has been deprived of her right to education as she refuses to go to school because she is scared of being assaulted again. Even though her father has informed this matter to the educational authorities and requested them to take necessary action, to date he has not received any reply. It is also alleged that Isani is not the only student to have been assaulted by the perpetrator. The perpetrator had previously inhumanly assaulted five other students, but no action had been taken against him.

I therefore am calling on you to intervene in this matter. Physically punishing/assaulting schoolchildren is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. The perpetrator should therefore be punished for his inhuman assault committed against the victim and questioned about the allegations made regarding his treatment of other students. The other teachers who attempted to instigate the parents to persuade UG Sunil Gamini to refrain from taking legal action, should also be punished or suspended from their work. The educational authorities who were made of aware of this incident, but did not take action, must ensure the safe return to school of the girl and provide any counseling if required. Finally, disciplinary action must be taken against personnel at the Hiniduma police station for their misconduct in this case.

I trust your intervention will be forthcoming in this matter.

Yours sincerely
____________

PLEASE SEND LETTERS TO:

1. Dr. Hiranthi Wijemanne
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

2. Minister for Education
Ministry of Education
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

3. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax no. +94 11 2693894

4. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2  551 333
E-mail: colombo@unicef.org 

5. Dr. Radhika Coomaraswamy
Chairperson
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk 

6. Mr. Chandra Fernando
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877

7. 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: polcom@sltnet.lk

8. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

9. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk 

10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-089-2006
Countries :
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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.