UPDATE (Sri Lanka): Threats to 14-year-old boy and his family to withdraw complaint of brutal assault by teacher 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-033-2006
ISSUES: Child rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of a 14-year-old boy, Manoj Tillakaratne, who was brutally assaulted by his physical training teacher, A.D.C Renuka on 31 January 2006 (See further: UA-060-2006).  Although the perpetrator was arrested and charged, he has now been released on bail.  The parents continue to receive threats and pressure from the education authorities and staff from the school to withdraw their complaint.    

Manoj Tillakaratne of the Bombuwela School was assaulted by his school sports master resulting in him suffering a ruptured eardrum and 11 days of hospitalisation. Since our Urgent Appeal, the police arrested the perpetrator and produced him in court where he was released on bail.

Although legal action is taking place, the boy’s parents still continue to receive pressure to withdraw their complaint and to settle the matter away from the justice system. Accordingly, the Western Province- Kalutara Educational Zone Director, W.N. Perera had visited the Manoj’s family and demanded that they withdraw their complaint against the perpetrator.  This same education officer had subsequently organized a meeting at the local temple and requested the villagers to prevent the case from ‘proceeding any further’.

The principal of the school had also reportedly coerced two fellow students to write letters to the authorities, fabricating statements that the teacher had not assaulted Manoj, but had only ‘twisted his ear’.

Such action by the education officer and the principle are blatant attempts to conceal the facts of this terrible crime and shield the perpetrator from accountability.  According to the parents, a doctor attached to the Wilpota rural hospital had also visited them and demanded they withdraw the complaint.  Another doctor, who purported to be a friend of the perpetrator had told Manoj and his parents that taking legal action would only prolong their suffering.

However, the parents and the victim are adamant that responsibility must be placed on the perpetrator, especially because he was in a special position as a teacher, thus he was supposed to care for and nurture the children, not torture them.   Amidst all this pressure and intimidation, Manoj continues to attend school fearlessly.  They demand that justice be done for the needless suffering caused to him by his schoolteacher.
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SUGGESTED ACTION:
Please write to the relevant officials below urging them to provide protection for Manoj and his parents who are being subjected to pressure and intimidation for trying to seek justice.  Furthermore, disciplinary action must be taken against the education officer and the principle of Bombuwela School for abusing their positions of authority to obstruct the course of justice and shield the perpetrator.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

SRI LANKA: Threats from the school principle and local education authorities to 14-year-old boy and his family to withdraw complaint of brutal assault by teacher

Name of victim: 
Manoj Tillakaratne (14) a grade nine student of the Bombuwela Senior School; Address: Batakuluketiya, Bombuwela
Name of alleged perpetrators: 
1) The physical training Instructor A.D.C. Renuka of the Bombuwela School (prime perpetrator)  
2) The Western Province- Kalutara Educational Zone Director, W.N. Perera
3) The Principle of Bombuwela School 
4) A doctor attached to the Wilpota rural hospital and another doctor who is the prime perpetrator’s friend  
Date of incident: 
From 31 January 2006 onwards

I am writing to voice my deep concern regarding the brutal assault of a 14-year-old boy and the subsequent threats from state authorities directed at him and his parents to withdraw their complaint.  

I know that the police have arrested the perpetrator, Mr. Renuka, and he has been released on bail.  What is very worrying is the fact that the victim, Manoj Tillakaratne and his parents are continuously receiving threats and pressure for them to withdraw their complaint against the perpetrator.  The Western Province- Kalutara Educational Zone Director, W.N. Perera had visited the victim’s family and demanded that they withdraw their complaint against the perpetrator.  This same education officer had subsequently organized a meeting at the local temple and requested the villagers to prevent the case from ‘proceeding any further’.

Furthermore, the Principle of Bombuwela School had allegedly coerced two students, in the same class as Manoj, to write letters to the relevant education authorities fabricating information that the teacher had not assaulted Manoj, but had merely ‘twisted his ear’.  This is an obvious attempt by state authorities to shield the perpetrator and obstruct the course of justice.  Similarly, a doctor attached to the Wilpota rural hospital had visited the victim and his parents and demanded they withdraw their complaint.  Another doctor, claiming to be friends with the perpetrator, had told the parents that taking any legal action would merely prolong their suffering.  

However, amidst all this pressure, Manoj is still going to school, defiant against the intimidation he has received from the state authorities.  The family is determined that justice must be served on the perpetrator, since he has abused his privileged position as a teacher.  

I urge you to provide protection for Manoj and his parents who are being subjected to pressure and intimidation for trying to seek justice.  Furthermore, I urge you to conduct a thorough investigation into the alleged threats to the victim and his family and take disciplinary/legal action against the education officer and the principle of Bombuwela School for abusing their positions of authority to obstruct the course of justice and shield the perpetrator. Besides, I urge you to prosecute the said teacher under the CAT Act No 22 of 1994, as all state officers, including public school teachers, are prohibited from committing acts of torture or other cruel and inhuman punishment.

I trust that your intervention will be forthcoming in this matter.

Yours sincerely,


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PLEASE SEND YOUR 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. Bo Viktor Nylund
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 

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

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

6. 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 

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

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 (ua@ahrchk.org
Asian Human Rights Commission (ahrchk@ahrchk.org
Document Type : Urgent Appeal Update
Document ID : UP-033-2006
Countries : Sri Lanka,
Issues : Child rights,