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SRI LANKA: Police inaction on torture of a boy by his teacher at the Wellawa Central College

November 16, 2005

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAM

Urgent Appeal

16 November 2005
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UA-209-2005: SRI LANKA: Police inaction on torture of a boy by his teacher at the Wellawa Central College

SRI LANKA: Torture; child rights; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from a reliable source regarding the torture of a 14-year-old boy, Dulash Vimukthi Ranasinghe, by his language teacher, Chandrika, at the Wellawa Central College. On 9 November 2005, Dulash Vimukthi was attending class when his teacher punched him hard on his left eye. Chandrika allegedly vented her wording on the victim after her male students laugh during class.

It was reported that although Dulash Vimukthi was bleeding from his nose and suffering immense pain, he was not taken to the hospital by his teacher. He was instead ignored even until class ended that day. The boy went home with his friends and reported the incident to his father. They then immediately registered a complaint before the Women's and Children Desk at the Wellawa police station.

The victim was confined to the Kurunegala Teaching hospital for four days with a badly swollen left eye. Even though policemen at Wellawa police station and Kurunegala Teaching hospital recorded the incident, the case has not been properly investigated. No sanction has been taken against the concerned teacher. There are also reports that political pressure is being used maybe to conceal the incident.

We urge your strong intervention to pressure the concerned authorities in Sri Lanka, in particular the Inspector General of the Police (IGP) in order to ensure that an independent investigation in this case is conducted. If the allegations are true that attempts have been made to conceal the incident, sanctions against those responsible must be imposed and a special investigating unit must be created to handle the case. Once an investigation has begun, the teacher involved must be suspended from duty so that she may not influence the investigation and further intimidate the victim. School authorities must ensure that the victim's schooling is not hampered nor that he be intimidated as a result of the investigation.

If the allegations of torture are found to be true, the perpetrator must be indicted for a violation of the Convention against Torture Act No. 22 of 1994. She must also be met with administrative sanctions for the violation of the existing Circular issued by the Education Department on 11 May 2005, which prohibits the use of physical punishment and assault on school children.


Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Name of the victim: Dulash Vimukthi Ranasinghe (14), grade 8A student of the Wellawa Central College, Wellawa, Kurunegala District
Alleged perpetrator: Tamil language teacher named Chandrika
Name of police officer and their station: Sub Inspector Podi Menike of the Women’s and Children’s Desk attached to the Wellawa police station, hospital police at the the Kurunegala Teaching Hospital
Date of incident: 9 November 2005

Details of the case:

The victim, Dulash Vimukthi Ranasinghe (14), is a grade eight student at the Wellawa Central College. He had been studying at this school since grade one.

On 9 November 2005, the victim attended his Tamil language class – which was the final class of the day. His teacher, Chandrika, made a comment that made all the boys in the class laugh aloud. The teacher became extremely angry at this and reached out to the victim, Dulash Vimukthi, as well as two of his friends who were at the time sitting at the front row. She then pulled him forward by his right ear, clenched her fists and punched him hard on his left eye.

The force of the blow caused the boy to bleed from his nose. He was in immense pain and began to cry. Despite this, the teacher ignored him and walked away even after the class ended. Since the victim was bleeding, one of his friends took him on a bicycle to his father’s house at about 2.15 pm. His father noticed that there were scratch marks and blood on his ear.

The victim's father immediately took him to the Wellawa police station where they reported the incident to a female sub inspector, Podi Menike, who is attached to the Women’s and Children’s Desk. She then instructed them to proceed to the Hospital for medical treatment. The boy was then taken to the Wellawa Government Hospital where he was examined by a doctor. They were then told that the hospital did not have adequate equipment for his treatment. They suggested that he be transferred to the Kurunegala Teaching Hospital by an ambulance.

At the Kurunegala Teaching Hospital, the victim had to be confined for treatment for four days. At this time, the hospital police proceed on recording the statement from the victim. He was also examined by the Judicial Medical Officer (JMO). After he was discharge, he was instructed to attend clinics at the hospital.

Despite the initial interest shown by the police, the father received information that there was an attempt to conceal the incident due to political pressure.

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SUGGESTED ACTION:

Please send a letter to the Inspector General of the Police (IGP) asking him to ensure that the case is properly investigated. Immediate charges and sanctions must be imposed against the perpetrators if allegations are found to be true. Please also write letters to the Ministry of Education to initiate a separate inquiry into the case.


Suggested letter:


Dear ____________,

Re: SRI LANKA: Police inaction on torture of a boy by his teacher at the Wellawa Central College

Name of the victim: Dulash Vimukthi Ranasinghe (14), grade 8A student of the Wellawa Central College, Wellawa, Kurunegala District
Alleged perpetrator: Tamil language teacher named Chandrika
Name of police officer and their station: Sub Inspector Podi Menike of the Women’s and Children’s Desk attached to the Wellawa police station, hospital police at the the Kurunegala Teaching Hospital
Date of incident: 9 November 2005

I am writing to express deep concern regarding the alleged inaction by the policemen at the Wellawa police station and hospital police of the Kurunegala Teaching Hospital to investigate the torture of a boy, Dulash Vimukthi Ranasinghe (14), by his teacher at the Wellawa Central College.

I am aware that Sub Inspector, Podi Menike, of the Women and Children's Desk section of the Wellawa police station, has recorded the incident after it was reported to her by both the victim, Dulash Vimukthi, and his father. The hospital police at the Kurunegala Teaching Hospital have likewise taken a statement from the victim.

Despite this development, however, it was reported that no proper investigation has been conducted on the incident. No actions have also been taken against the teacher concerned. I am also deeply concerned over the alleged attempt to conceal the torture incident reportedly due to political pressure.

I urge your strong intervention to ensure that an independent investigation is conducted regarding this incident. If allegations are true that there have been attempt to conceal the incident, a special investigating unit must be created to ensure the teacher concerned is brought to a court of law. An inquiry must be conducted to look into the alleged inaction by the policemen.

Once the investigation has begun, the local school administration of the Wellawa Central College must consider imposing a temporary suspension on Chandrika to prevent her from possibly influencing the investigation. The school authorities must also ensure that the boy can continue his schooling and that he will be free from any form of intimidation and threat as a result of the investigation.

If allegations are found to be true, the teacher involved must be indicted for violation of violation of the Convention against Torture Act No. 22 of 1994 and the existing Circular by the Education Department on 11 May 2005, which prohibits use of physical punishment and assault on schoolchildren.

I trust that you will take action in this case.


Sincerely yours,


________________

PLEASE SEND LETTERS TO:

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

PLEASE SEND COPIES TO:

1. Mr. K. C. Kamalasabesan
Attorney General
Attorney General's Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436 421

2. Mr. Ranjith Abeysuriya
Chairperson
National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310
Fax: +94 11 2 395867
Fax HOME: +94 11 2 674148
E-mail: polcom@sltnet.lk

3. Dr. Radhika Coomaraswamy
Chairperson Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694925 / 673806
Fax: +94 11 2 694924 / 696470
E-mail: sechrc@sltnet.lk

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

5. 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

6. Prof. Harendra De Silva
Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

7. 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
Email: urgent-action@ohchr.org (Attention: Committee on the Rights of the Child)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-209-2005
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.