Sri Lanka
10.11.04
Urgent Interventions
Sri Lanka: a student threatened due to complaint of assault by teachers
LKA 101104.CC
CHILD CONCERN
Child assault and abuse / Continuous harassment / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the assault of a 15 year-old boy named Suranga Priyan Moreas inflicted upon him by his teachers of St. Servatius’ College, Matara, Sri Lanka.
According to the information received, when Suranga Priyan Moreas returned to class the 3rd of September 2004, after not having attended school for four days due to illness, 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 Priyan Moreas was then taken to the office of the Vice-Principal, Mr. Kumarasiri, where he was allegedly slapped once again. Mr. Kumarasiri told Suranga Priyan Moreas to report to school on September 6 with his mother. His mother, Ms. Marie Jayawardene, however, could not accompany Suranga Priyan Moreas to school on that day, as she could not take leave from her job. When Suranga Priyan Moreas arrived at school without his mother, the Principal, Mr. D. Vidanapathirana, reportedly abused and slapped Suranga Priyan Moreas and told his class that "this idiot may go elsewhere".
On September 7th, Suranga Priyan Moreas 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 Priyan Moreas 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 Priyan Moreas 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 7th, 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 examined her son and his report was sent to the National Human Rights Commission in Colombo.
According to the same information, 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 12th in the presence of the inquiry co-ordinator, Mr. Zarook, the college Principal, the class teacher, Suranga Priyan Moreas 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 Suranga Priyan Moreas. 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, on September 9th Ms. Jayawardene lodged an identical complaint with the National Child Protection Authority in Colombo, of which the office acknowledged receipt. 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 to inquire into this matter.
After recovering from his injuries, when Suranga Priyan Moreas returned to school, the class teacher, Ms. Nalira, refused to teach any class where Suranga Priyan Moreas was present. Subsequently, Suranga Priyan Moreas was taken to the student advisor who pressured Suranga Priyan Moreas to withdraw the complaint made against the school's staff. While Suranga Priyan Moreas was with the advisor, the Principal addressed the students in Suranga Priyan Moreas 's class who signed a petition requesting the return of the class teacher, and demanding that Suranga Priyan Moreas withdraw his complaint, or not come back to school. Since this time, Suranga Priyan Moreas has had to remain at home. His mother said that Suranga Priyan Moreas 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 on September 20th, Ms. 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).
OMCT is deeply concerned by the assault of Suranga Priyan Moreas by staff members of his college. OMCT is also concerned by the continuous harassment that Suranga Priyan Moreas and his mother are undergoing and by the lack of reaction from governmental authorities regarding these events. OMCT urges the Sri Lankan authorities to take legal action against those responsible for the assault and continued threats against Suranga Priyan Moreas and his mother.
OMCT would also like to remind the authorities of Sri Lanka that, according to articles 37 (a) and 28.2 of the Convention on the Rights of the Child, to which Sri Lanka is a state party, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Take all necessary measures to ensure the physical and psychological integrity of Suranga Priyan Moreas Priyan Moreas and his mother, Ms. Marie Jayawardene.
ii. Order a thorough and impartial investigation into the circums.tances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Guarantee that adequate reparation is provided to the victim and his family;
iv. Guarantee the respect of human rights and the fundamental freedoms. throughout the country in accordance with national laws and international human rights standards.
Addresses
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, November 10th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Child assault and abuse / Continuous harassment / Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Sri Lanka.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the assault of a 15 year-old boy named Suranga Priyan Moreas inflicted upon him by his teachers of St. Servatius’ College, Matara, Sri Lanka.
According to the information received, when Suranga Priyan Moreas returned to class the 3rd of September 2004, after not having attended school for four days due to illness, 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 Priyan Moreas was then taken to the office of the Vice-Principal, Mr. Kumarasiri, where he was allegedly slapped once again. Mr. Kumarasiri told Suranga Priyan Moreas to report to school on September 6 with his mother. His mother, Ms. Marie Jayawardene, however, could not accompany Suranga Priyan Moreas to school on that day, as she could not take leave from her job. When Suranga Priyan Moreas arrived at school without his mother, the Principal, Mr. D. Vidanapathirana, reportedly abused and slapped Suranga Priyan Moreas and told his class that "this idiot may go elsewhere".
On September 7th, Suranga Priyan Moreas 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 Priyan Moreas 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 Priyan Moreas 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 7th, 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 examined her son and his report was sent to the National Human Rights Commission in Colombo.
According to the same information, 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 12th in the presence of the inquiry co-ordinator, Mr. Zarook, the college Principal, the class teacher, Suranga Priyan Moreas 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 Suranga Priyan Moreas. 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, on September 9th Ms. Jayawardene lodged an identical complaint with the National Child Protection Authority in Colombo, of which the office acknowledged receipt. 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 to inquire into this matter.
After recovering from his injuries, when Suranga Priyan Moreas returned to school, the class teacher, Ms. Nalira, refused to teach any class where Suranga Priyan Moreas was present. Subsequently, Suranga Priyan Moreas was taken to the student advisor who pressured Suranga Priyan Moreas to withdraw the complaint made against the school's staff. While Suranga Priyan Moreas was with the advisor, the Principal addressed the students in Suranga Priyan Moreas 's class who signed a petition requesting the return of the class teacher, and demanding that Suranga Priyan Moreas withdraw his complaint, or not come back to school. Since this time, Suranga Priyan Moreas has had to remain at home. His mother said that Suranga Priyan Moreas 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 on September 20th, Ms. 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).
OMCT is deeply concerned by the assault of Suranga Priyan Moreas by staff members of his college. OMCT is also concerned by the continuous harassment that Suranga Priyan Moreas and his mother are undergoing and by the lack of reaction from governmental authorities regarding these events. OMCT urges the Sri Lankan authorities to take legal action against those responsible for the assault and continued threats against Suranga Priyan Moreas and his mother.
OMCT would also like to remind the authorities of Sri Lanka that, according to articles 37 (a) and 28.2 of the Convention on the Rights of the Child, to which Sri Lanka is a state party, “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment” and that “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity.”
Action requested
Please write to the authorities in Sri Lanka urging them to:
i. Take all necessary measures to ensure the physical and psychological integrity of Suranga Priyan Moreas Priyan Moreas and his mother, Ms. Marie Jayawardene.
ii. Order a thorough and impartial investigation into the circums.tances of these events, in order to bring those responsible to trial and apply the penal and/or administrative sanctions as provided by law;
iii. Guarantee that adequate reparation is provided to the victim and his family;
iv. Guarantee the respect of human rights and the fundamental freedoms. throughout the country in accordance with national laws and international human rights standards.
Addresses
- 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
- Prof. Harendra De Silva, National Child Protection Authority, 330, Thalawathgoda Road, Madiwella, SRI LANK, Tel: + 94 11 2 778912/13/14, Fax: + 94 11 2 778915, E-mail: ncpa@childprotection.gov.lk
- Minister for Education, Ministry of Education, SRI LANKA, Tel: + 94 11 2 785 617, Fax: + 94 11 2 784 846
- Mr.. T.I. de Silva, Inspector General of Police (IGP), New Secretariat, Colombo 1, SRI LANKA, Fax: +94 11 2 440440/426711/327877
- Chief Inspector J. Palihakkara, Matara Police, Matara, SRI LANKA, Tel/Fax: + 91 41 2222 727
Please also write to the embassies of Sri Lanka in your respective country.
Geneva, November 10th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.