UPDATE (Sri Lanka): No suspension against teacher charged with assault case

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-058-2007
ISSUES: Child rights, Sexual violence,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that the teacher who was charged with assaulting a student has yet to be suspended from his post. In addition, the teacher has allegedly attempted to pressurize the student victim and his family. The AHRC reported the original incident; please refer UA-414-2006 for background information.

UPDATED INFORMATION:

The AHRC previously reported that the victim, RM Mayura Pranith Weeratunga (17) of Rahula National School was assaulted by the health and physical training teacher O.K.D. Dammika Chandralal at his school on 1 December 2006.

The victim Weeratunga received corporal punishment for a minor infringement and later the principal of the school even forced him to sign a statement without allowing him to read it which the principal himself wrote. The victim was hospitalized for three days due as a result of the assault by Mr. Chandralal and his family’s complaint against the violent teacher had been thoroughly ignored by the principal and school authority.

After the victim’s family lodged a complaint to the Godakawela police station, both parties to the incident, the victim, his family and the teacher were questioned by the Office-in-Charge (OIC). The complaint was not been brought before the Mediation Board but was sent to the court.

According to the updated information, this case is allegedly proceeding as a criminal case against the alleged perpetrator, Dammika Chandralal, at the Palmadulla Magistrate Court. According to the Establishment Code of Sri Lanka a government employee with a criminal case pending or proceeding should be suspended from his duties until such time as the court makes a judgment on the case. However, Dammika Chandralal is still teaching at the same school. Furthermore, it is alleged that Chandralal is attempting to pressurise the victim and his family into withdrawing the charges.

The AHRC, therefore, urges you to ensure that the accused Chandralal should be suspended which is not only fair in terms of the Establishment Code but also for the protection of the victim.

SUGGESTED ACTION:
Please write to the relevant Sri Lankan authorities listed below to urge them to take immediately action for suspending the accused in accordance with the regulation regarding government employee of Sri Lanka. The AHRC will also forward the letter to th eUN Special Rapporteur on the Right to Education.

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

SAMPLE LETTER

Dear ________,

SRI LANKA: No suspension against teacher charged with assault case

Name of the victim: RM Mayura Pranith Weeratunga (17), an advanced level student of the Rahula National School, Godakawela in the Ratnapura District, Sri Lanka
The accused: OKD Dammika Chandralal, health and physical training teacher of the Rahula National School
Date of incident: 8 December 2006

I am writing to express my deep concern about the situation that the accused teacher of assault is still teaching at the same school and even attempts to pressurize the student victim at school.

I am surprised to learn that the alleged perpetrator teacher Dammika Chandralal is functioning as a teacher at the same school even though he was accused by the victim and the assault case against him is in process at the Palmadulla Magistrate Court.

I am aware that according to the Establishment Code regulating government employees of Sri Lanka, when a government employee is charged for some crime, the employee should be suspended until the end of the trial. As long as the trial is going on, the accused teacher cannot stay and work at school.

The victim in this case was hospitalized for three days as a result of the assault by the accused teacher Dammika Chandralal. Furthermore, the teacher is now attempting to pressurise the victim and his family into withdrawing the charges.

Therefore I strongly urge you to immediately suspend the accused teacher Dammika Chandralal until end of the trial in accordance with the regulation in the Establishment Code of governing state employees. I also urge you to take positive action to ensure that the accused teacher is not able to exert influence on both the victim and his family. I am seriously concerned that the accused teacher Dammika Chandralal may aggravate the student victim again.

I look forward your immediate and sincere action to this important matter. 

Yours truly,

—————-

PLEASE SEND YOUR LETTER TO:

1. Chairperson
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
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

3. Mr. C.R. De Silva
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

4. Mr. Victor Perera
Inspector General of Police 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

5. Secretary 
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

Thank you.

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

Document Type : Urgent Appeal Update
Document ID : UP-058-2007
Countries : Sri Lanka,
Issues : Child rights, Sexual violence,