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SRI LANKA: Student threatened due to complaint of assault by teachers

November 9, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

9 November 2004
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UA-149-2004: SRI LANKA: Student threatened due to complaint of assault by teachers

SRI LANKA: Assault; Child rights; Further threat following lodged complaint; Denial of right to education
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Dear friends,

The Asian Human Rights Commission has received information that a 15-year-old boy named Suranga Priyan Moraes was severely assaulted by his teachers at St. Servatius' College, Matara between 3 and 7 September 2004, and has had further threats made against him, following his lodging a complaint regarding this incident. Due to the brutal assault inflicted upon Suranga by his teachers, he was admitted to the General Hospital in Matara, where he received treatment for a period of four days.

Suranga's mother, Ms Marie Jayawardene has since made complaints regarding this matter to the local priest, to the Matara Police, to the Regional Education Office at Galle and Colombo, to the National Child Protection Authority, to the Regional Human Rights Commission in Matara, and to the National Human Rights Commission in Colombo. Up to now, there has been no serious action taken by any of these governmental authorities to inquire into this matter.

Further, upon returning to school from the hospital, Suranga was pressured by teaching staff at St. Servatius' College into withdrawing his complaint, and his class teacher refused to teach at the school whilst Suranga was in attendance.  As a result of this, Suranga has had to remain at home, where he continues to be subjected to pressure to withdraw his complaint.
 
The AHRC calls for you to send a letter to the relevant authorities and demand they conduct an immediate and thorough investigation into this matter. Please also urge them to provide appropriate protection to Suranga and his mother, and to take action against those responsible for the assault and continued threats against Suragana.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Suranga Priyan Moraes, 15 years old, a year 10 student at St. Servatius' College, Matara
Alleged perpetrators:
1) Principal of St. Servatius' College, Mr D. Vidanapathirana
2) Vice-Principal of St. Servatius' College, Mr Kumarasiri
3) Class teacher at St. Servatius' College, Ms Nalira
Date of incident: Between 3-7 September 2004
Place of incident: St. Servatius' College, Matara

Account of the incident:

Due to some illness, Suranga did not attend school for a period of four days. When he did report to class on 3 September 2004, the class teacher, Ms Nalira, questioned his absence, before slapping him and attacking him with a file cover for not producing a note from his mother.  Suranga was then taken to the office of the Vice-Principal, Mr Kumarasiri, where he was slapped once again. Mr. Kumarasiri told Suranga to report to school on September 6 with his mother.  His mother, Ms Marie Jayawardene, however, could not accompany Suranga to school on that day, as she could not take leave from her job at a pre-school. When Suranga arrived at school without his mother, the Principal, Mr D. Vidanapathirana, abused and slapped Suranga and told his class, "this idiot may go elsewhere" (Me yaka kohe yaida danne neha). 

On September 7, Suranga and his mother went to St. Servatius' College at 12 noon, to meet with the Principal.  In the presence of the class teacher and Ms Jayawardene, the Principal began abusing and slapping Suranga, stating that the boy was not dedicated to his studies.  Ms Jayawardene informed the Principal that her son had been ill and that this was the reason for his absence.  However, her comments were disregarded and the Principal asked her to leave the office. The Principal also told Ms Jayawardene to prepare some herbal medicine and apply it with oil, when her son came back home. Hardly had she left the Principal's office, the Principal produced a 2½ inch-wide stick and she heard her son's cry for help. When she looked through the Principal's window, Ms Jayawardene witnessed her son with his hands on a desk, being beaten by the Principal with the stick.  Suranga recalls being beaten eight times by the Principal with his stick.

After that, Ms Jayawardene, as a Catholic, approached the local priest regarding this incident, but her complaint was ignored.  She then made a complaint to the Matara Police (entry no. CW IB 370/36) on September 7, where the details were recorded by Police Constable Jayatileke (PC 26662).  Following the lodging of this complaint, Ms Jayawardene admitted her son to the Matara General Hospital (ward no. 22, bed no. 16) where he received treatment for a period of four days.  Ms Jayawardene also reported that the Judicial Medical Doctor (JMO) examined her son and his report was sent to the National Human Rights Commission in Colombo.

Ms Jayawardene then sent a complaint to the Regional Human Rights Commission at Matara (MR/375/04/V).  The inquiry into this matter was held on October 12 at 1:30pm in the presence of the inquiry co-ordinator, Mr Zarook, the college Principal, the class teacher, Suranga and his mother. A statement was recorded by the Principal, while another date, November 16, was fixed for the statement recording of the class teacher.  During the inquiry, both the Principal and the class teacher denied they had assaulted Saranga.  After the inquiry, Ms Jayawardene heard the allegation that there were pressures from certain persons outside of the Commission not to inquire into this case.

Meanwhile, Ms Jayawardene lodged an identical complaint with the National Child Protection Authority in Colombo on September 9.  A Mr Sivasampoe Thavalingam acknowledged receipt of this complaint (complaint no. CA/04/09/378), and stated that the relevant authorities had been informed about the inquiry. She also lodged a complaint at the National Human Rights Commission in Colombo. Up to now, there has been no serious action taken by the police, nor any other governmental authorities including the Ministry of Education, its provincial department, and the NHRC to inquire into this matter.

After recovering from his injuries, when Suranga returned to school, the class teacher, Ms Nalira, refused to teach any class where Suranga was present.  Subsequently, Suranga was taken to the student advisor who pressured Suranga to withdraw the complaint made against the school's staff. While Suranga was with the advisor, the Principal addressed the students in Suranga's class and Suranga's fellow students signed a petition (with suggestions that they were pressured into doing so) requesting the return of the class teacher, and demanding that Suranga withdraw his complaint, or not come back to school. Since this time, Suranga has had to remain at home. His mother said that Suranga is in a traumatic condition and is only staying in the house and unable to go out of the house due to fear.

In the meantime, with the political influence of the Principal, the boy and his mother have been victimised by being threatened by the religious groups in the town of Matara. At an inter-religious Committee headed by a Buddhist monk, Ven. Getamanne Dhammakiththi, on September 20, Ms. Marie Jayawardene was pressured to withdraw her complaints by several monks. The monks intimidated her saying that there would be a religious upheaval in the area against Catholics and her family if she would not withdraw the complaints. The Catholic priests and sisters at the meeting also pressured Ms. Jayawardene to withdraw her complaints, however, she refused to do so. Subsequently, Ms. Javawardene lodged another entry at the Matara Police station for their safety on September 23. (entry no. PCIP(3), 350/350)  

The AHRC is deeply concerned by this alleged assault of Suranga by staff members of St. Servatius' College. Children should not be assaulted by their teachers and their right to education must be preserved strictly in any circumstance. The AHRC is also concerned by the lack of response from so many governmental authorities regarding this matter. These authorities exist to serve the public and thus must order an immediate and thorough investigation into this case. Those responsible for the assault and continued threats against Suragana must be brought to justice for their crime.  Further, full and appropriate protection must be provided to Suranga and his mother. 

SUGGESTED ACTION:
Please send a letter to those authorities listed below and demand them to take proper and immediate action to correct this matter.

1. 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

2. Prof. Harendra De Silva
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: + 94 11 2 778912/13/14
Fax: + 94 11 2 778915
E-mail: ncpa@childprotection.gov.lk

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

4. Mr. T.I. de Silva
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

5. Chief Inspector J. Palihakkara
Matara Police
Matara
SRI LANKA
Tel/Fax: + 94 41 2222727

6. Mr Vernot Munoz Villalobos
Special Rapporteur on the Rights to Education
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006

Sample letter:

Dear _________,

SRI LANKA: Student threatened due to complaint of assault by teachers
 
Name of victim: Suranga Priyan Moraes, 15 years old, a year 10 student at St. Servatius' College, Matara
Alleged perpetrators:
1) Principal of St. Servatius' College, Mr D. Vidanapathirana
2) Vice-Principal of St. Servatius' College, Mr Kumarasiri
3) Class teacher at St. Servatius' College, Ms Nalira
Date of incident: Between 3-7 September 2004
Place of incident: St. Servatius' College, Matara
 
I write to express my deep concern regarding the case of Suranga Priyan Moraes.  It is alleged that Suranga was assaulted by his class teacher, Principal and Vice-Principal, at St. Servatius' College, Matara, between 3 September 2004 and 7 September 2004.  I am appalled that teachers would assault a student to such a degree that he would require hospitalisation for a period of four days.  I am further disgusted by reports that Suranga and his mother continue to be threatened and pressured into withdrawing the complaint they have made against those responsible for this assault. Furthermore, as his class teacher refused to teach any class which Suranga was present, he has had to remain at home.

Protection of children is the function of all teachers, however in this case they have totally ignored their duty to the student.  The acts of these teachers falls under the Convention Against Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994) as they are government servants, and thus they should be prosecuted accordingly. I urge you to order an immediate and thorough inquiry into this incident in order that justice be brought to those responsible for this assault. I also request you to take steps to ensure that appropriate protection be provided to Suranga and his mother.  Finally, the right to education of this student should be protected, meaning that he must be able to return to school, without fear of further threat. 

I trust that you will take immediate action into this matter.

Sincerely yours,


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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-149-2004
Countries :
Issues :
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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.