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SRI LANKA: Torture committed against a student by his school Buddhism teacher

March 17, 2006

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION –URGENT APPEALS PROGRAMME

Urgent Appeal

17 March 2006
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UA-093-2006: SRI LANKA: Torture committed against a student by his school Buddhism teacher

SRI LANKA: Torture; CAT Act; 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 torture of a student, M Rukman Asanka Perera by his school Buddhism teacher, Hiriwewe Gnaneswara on 9 March 2006.

On March 9, at around 10 a.m, a group of parents had been protesting in the Jayanthi Navodya school premises about a proposed change to the uniform. The police had also been present. Several children in grade 12 and 13 classes had also joined in the protest by lighting crackers out of the school building. Startled by the noise, several students in the classrooms, including Rukman ran outside. A teacher told them to run towards the principal’s office. But when these students ran towards the office the perpetrator, Hiriwewe Gnaneswara without uttering a word, suddenly pounced on them with a broken chair leg. According to the victim, the monk grabbed Rukman, who was at the front of the running students, and brutally assaulted him striking him several times on his buttocks, thighs, knees and right arm. A rusted nail on the chair leg caught his arm and Rukman began to bleed.

When the victim managed to get away, the teacher pursued Rukman and assaulted him with the broken chair leg once again. Then Rukman ran straight to the principal, M.D. Ariyadasa who escorted him to the office and assaulted the already injured boy once more. He then told Rukman to wait until he brought the police in. Three policemen and several classmates soon gathered in the principal’s office. The victim’s classmates brought his injuries to the attention of the Assistant Superintendent of Police (ASP) and told him that Rukman was assaulted by the Buddhist monk. However, when the students dispersed the principal as well as the Buddhist monk urged Rukman not to tell anyone about the assault. The principal even attempted to provide medical assistance to Rukman but the ASP called a police vehicle and sent him to the Nikaveratiya hospital instead.

Rukman was then admitted to hospital for ten days. The victim complained to the doctor about his assault and the hospital police recorded his statement. Also the victim named his teacher and the principal as the perpetrators to the hospital police and the police. However, that night eight teachers from the school visited the victim’s sister and her mother-in-law and threatened them, saying that they would prevent Rukman from sitting for his A/L exam (this May) and accuse him of being a JVP member. Frightened by the possible repercussions, the sister and her mother-in-law discharged Rukman from the hospital. It is believed that the group of teachers then demanded that Rukman be brought to the temple where ten of them were present. They forced the victim to worship and seek forgiveness from the Buddhist monk. Though he at first refused, when his family cried in fear he conceded. Since then the victim has been receiving treatment for his injuries at an ayurvedic clinic.

Though the incident has been brought to the attention of the education authorities in the area, to date no official has made inquiries into the incident.

This is yet another appalling example of the growing violence being perpetrated against school students by their teachers in Sri Lanka. It is also demonstrates that the arbitrary use of power by authorities has penetrated many different areas of Sri Lankan society. The AHRC has previously reported on several cases in Sri Lanka regarding this matter (See further: UA-089-2006, UA-060-2006, UP-033-2006 and UA-173-2005).

Such conduct by a teacher is a clear violation of the Circular issued by the Education Department to all schools on 11 May 2005, which prohibits physical punishment and assault of schoolchildren. Furthermore, as a public officer (or person working in an official capacity), the alleged perpetrator is subject to the provisions of the Convention Against Torture Act No 22 of 1994 (CAT). As such, according to section 2(4) of the CAT Act, if found guilty, the perpetrator’s act on conviction after trial by the High Court is punishable with imprisonment of a mandatory seven years.

SUGGESTED ACTION

Please write to the relevant persons listed below condemning the actions of the perpetrator 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. Please also note that should the teacher be found guilty, as a public officer he must be subject to the provisions of the CAT Act. An immediate investigation must be launched into this matter and all persons responsible for the violations against the victim must be held accountable for their crimes.
 
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Suggested letter:

Dear ___________,

SRI LANKA: Torture committed against a student by his school Buddhism teacher

Name of the victim: M Rukman Asanka Perera, 18-years-old, grade 13 of the Jayanthi Navodya School
Names of the alleged perpetrators:
1. Hiriwewe Gnaneswara, a Buddhist monk who teaches Buddhism
2. MD Ariyadasa, the principal of the Jayanthi Navodya School
Place of incident: Jayanthi Navodya School, Nikaveratiya
Date of incident: 9 March 2006

I am writing to you with deep concern regarding the brutal assault of an 18-year-old boy by his school Buddhism teacher.

According to the information I have received, on March 9, a group of parents had been protesting in the Jayanthi Navodya school premises about a proposed change to the student’s uniform. Startled by the noise from outside, several students in the classrooms ran outside, including Rukman. A teacher told them to run towards the principal’s office. But when these students ran towards the office the perpetrator, Hiriwewe Gnaneswara without uttering a word, suddenly pounced on them with a broken chair leg. The monk grabbed Rukman and tortured him by striking him in the buttocks, thighs, knees and right arm with the chair leg. A rusted nail on the chair leg caught his arm and Rukman began to bleed.

When the victim managed to get away, the teacher pursued Rukman and assaulted him with the broken chair leg yet again. Rukman ran then to the principal, M.D. Ariyadasa who escorted him to his office and assaulted the already injured boy once again. He then told Rukman to wait while he contacted the police. Three policemen soon after came and his classmates also gathered in the principal’s office. The victim’s classmates brought his injuries to the attention of the Assistant Superintendent of Police (ASP) and told him that he was assaulted by the Buddihist monk. However, the principal as well as the Buddihist monk urged Rukman not to tell anyone about the assault. The principal even attempted to seek medical assistance but the ASP called a police vehicle and sent him to the Nikaveratiya hospital instead.

Rukman was then admitted to hospital for ten days. The victim complained to the hospital police who recorded his statement. However, that night eight teachers from the school visited the victim’s sister and her mother-in-law and threatened them saying that they would prevent Rukman from sitting his A/L exam (this May) and would accuse him of being a JVP member. Frightened by the possible repercussions, the sister and her mother-in-law discharged Rukman from the hospital. The teachers then forced the victim to worship and seek forgiveness from the Buddhist monk. Though he initially refused, when his family cried in fear, he eventually conceded. Since then the victim has been receiving treatment for his injuries at an ayurvedic clinic.

Though the incident has been brought to the attention of the education authorities in the area, to date no official has made inquiries into it.

I therefore am calling on you to intervene in this matter. An immediate investigation must be launched into this case and all persons responsible for the violations against the victim must be held accountable for their crimes. Such conduct by a teacher is a clear violation of the Circular issued by the Education Department on 11 May 2005, which prohibits physical punishment and assault of schoolchildren. Furthermore, as a public officer (or person working in an official capacity), the alleged perpetrator must be subject to the provisions of the Convention Against Torture(CAT) Act No 22 of 1994, which calls for a mandatory seven year sentence to those found guilty.

I trust your intervention will be forthcoming in this matter.

Yours sincerely,
____________

PLEASE SEND YOUR LETTERS TO:

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

2. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax: 94 11 2693894

3. 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 

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

5. 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

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

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

8. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)
E-mail: ssyed@ohchr.org

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-093-2006
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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.