CA fixes petition to be supported on Feb. 15

Massacre of 27 inmates in Welikada Prison

By S.S. Selvanayagam

The Court of Appeal yesterday fixed for support on 15 February the issuance of notice in respect to the writ petition seeking an investigation into the alleged killing of 27 inmates of the Welikada Prison in December 2012 where it is alleged that the Army, Special Task Force, Terrorist Investigation Department and Prison Intelligence personnel stormed the facility and opened fire.

The bench comprised justices P. Pathman Surasena (CA President) and Shiran Gooneratne.

The Attorney General on 17 October 2017 assured that the investigation into the alleged killing of 27 inmates of Welikada Prison in December 2012 would be conducted in a transparent manner and a progress report will be submitted.

Senior State Counsel Madhava Tennekoon appearing for the Attorney General had also informed Court there were inquiries conducted by teams of the Special Task Force, Army and prisons officers.

Counsel K.S. Ratnavale appeared for the Petitioner W.S. Nandimal Silva who claims he was the direct eyewitness to the incidents that occurred on 9 and 10 November 2012.

The petitioner cited the Commissioner General of Prisons, CID Director, IGP, Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs and the Attorney General as respondents.

The petitioner is 45 years of age and was an employee of the Railway Department from 1994 up to 2007. On 25 June 2007 he was arrested and charged under the Prevention of Terrorism Act (PTA) and was in remand custody at Welikada Prison from 2009. As the confessions were rejected by the High Court, the indictments were withdrawn by the Attorney General consequent to which the petitioner was released from prisons on 19 September 2013.

While being in remand custody, he claims he was a direct eyewitness to the incidents that happened on 9 and 10 November 2012 in which 27 inmates of the Welikada Prison were killed.

The petitioner stated on 9 November 2012 at about 1.00 p.m. he and other prisoners at Welikada Prison received information that personnel from the Army and STF were about to enter the prison to conduct a search operation.

He stated that there was an argument between prison officials and a contingent from the TID and STF waiting at the gate of the prison on the procedure related to the search operation.

The prison officials had objected to the entry of the TID and STF personnel armed with firearms without prior permission being sought and obtained, he states.

TID and STF officials insisted that this was an order issued by the Secretary of Defence and therefore such protocol was unnecessary, he states. However, at this stage, the Chief Jailor Indika Sampath attached to the Intelligence and Security Division and presently an Assistant Superintendent of Prisons intervened and stated that he would take responsibility and asked to let the TID and STF inside while the prison officials on duty had lodged a log entry regarding this irregular ingress into the prison by outsiders, he says. He adds that soon after gaining entry to Welikada Prison, the STF, TID and prison intelligence unit had gone into L hall and assaulted the prison inmates with the intention of provoking the prisoners.

As the prisoners had not retaliated, they moved to Chapel Hall where convicted prisoners were kept, he states.

At this stage the STF and prison intelligence surrounded the building armed with weapons and teargas canisters. As teargas was directed to even close by cells, several inmates fell unconscious. Other inmates were rounded up and assaulted. This went on for a few hours.

He states that around midnight the STF, TID and Prison Intelligence stormed the prison and started shooting. The petitioner, who was in L Hall, saw a prisoner named T.H. Lesely De Silva killed as a result of the shooting. 

The petitioner and the other prisoners got to know that Jothipala, Kapila, Manjusri and Marlon were brought in from Chapel Ward (convicts) to the M Ward and shot. Screaming and shouting were heard from these prisoners and they were shot dead. TID and Intelligence units gave updates of what was happening with the purpose of intimidating the prisoners, he revealed.

The petitioner had seen an officer in a yellow t-shirt whom he later got to know as Rangajeewa, a former Narcotics Division officer of the Police, with a pistol in hand asking for one Thushara alias Kalu Thushara. There were several prison officers including the Commissioner General of Prisons P.W. Kodippili inside the prison at that time together with the said police narcotics unit officer Rangajeewa, he states.

The petitioner saw Thushara being dragged to the floor and shot near the gate. The petitioner had personally seen the body of Thushara the next morning and the body had gunshot injuries in the neck. At about 6.00 a.m. the petitioner and other prisoners saw Amila Malik Perera alias Konda Amila being taken in handcuffs and subsequently the petitioner got to know that Amila too had been killed. The petitioner states that the prison was in the control of the Army until 10.00 a.m. on 10 November 2012. By that time 27 of the prison inmates had been killed by the STF, Army, TID and Prison Intelligence, he states. Petitioner made a complaint to the Criminal Investigation Department on 2 February 2015 regarding the said incident.

It had also been reported that a store which contained prisoners’ belongings, including jewellery, that were to be handed over to the prisoners upon their release had also been ransacked along with many valuable items during this planned attack by the STF, TID and Prison Intelligence.

He states there had been an inquest in the Magistrate Court of Colombo. However, the said proceedings have not yet concluded.

He states that there have been several commissions that have been appointed to inquire into deaths in prisons, however none of these commissions had the mandate to investigate and prosecute the perpetrators.

He complains that although four years have lapsed since the brutal killings of these prisoners, no action has yet been taken by the police or the Attorney General to conduct the investigation and prosecute the offenders.

The Petitioner states that the deceased prisoners were kept in prison in fiscal custody on the orders of the Judiciary. He contends it was the Judiciary which has the supreme duty to supervise, oversee and be in control of affairs pertaining to the prisoners.

He laments that often their application for bail is rejected by the Judiciary and consequently their remand is extended. He underlines that when the lives of prisoners are endangered, the Judiciary is under obligation to open an investigation and inquiry into such incidents and issue appropriate directions.

He states that the report recently issued by the UN High Commissioner for Human Rights has cited the Welikada Prison massacre among other emblematic cases in Sri Lanka and has drawn the attention of the Government that no justice has been provided to the victims.

He alleges that the Criminal Investigation Department and the Police Department have failed and neglected to perform their duties according to the law and have failed even to launch the basic investigations leading up to the prosecution of offenders.

The conduct of the prison authorities in failing to prevent outsiders from entering the prison and committing the said atrocities should be made subject to credible investigation by the CID, he states.

He is petitioning Court to issue a Writ of Mandamus on the second and third respondents commanding them to commence investigations into the incidents according to the law.