CA Writ Petition seeks investigation into alleged massacre of 27 inmates

By S.S. Selvanaygam

Writ petition was filed in the Court of Appeal this week seeking investigation into the alleged killing of 27 inmates of the Welikade Prisons in December 2012 where it is alleged that Army, STF and TID as well as the Prison Intelligence stormed in and started shooting.

Petitioner W.S. Nandimal Silva claiming he was a direct eyewitness to the incidents that happened on 9 and 10 November 2012 cited 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 the year 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 As the confessions were rejected by the High Court, the indictments were withdrawn by the Attorney General consequent to which the Petitioner was released from prison on19 September 2013.

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

Petitioner states that on 9 November 2012 at about 1 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 states that there was an argument between Prison officials and a contingent of Terrorist Investigation Department (TID), Special Task Force (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 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 Secretary of Defence and therefore such protocols were not necessary, he states.

However, at this stage, 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 to let the TID/STF inside while the Prison officials on duty had lodged a log entry regarding this irregular ingress into the prison by outsiders, he states.

He states soon after gaining entry into the 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 into the “Chapel Hall” where convicted prisoners were kept, he states.

At this stage the STF and Prison Intelligence surrounded the building and they were carrying with them weapons and tear gas canisters. As tear gas was directed to even close by cells, several inmates fell down unconscious. Other inmates were rounded up and assaulted. This was going on for few hours.

He states around midnight the STF/TID and Prison Intelligence stormed inside the prison and started shooting. The Petitioner who was in the “L Hall” saw a prisoner named T.H. Lesely De Silva dead as a result of shooting. 

The Petitioner and 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 states.

The petitioner had seen an officer in a yellow T-shirt, whom he later got to know as Rangajeewa, former Narcotics Division of the Police, with a pistol in hand asking for one Thushara alias Kalu Thushara. There were several Prison officers including 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 being shot near the gate. The petitioner had personally seen the body of Thushara next morning and the body had gunshot injuries in the neck. At about 6 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 a.m. on 10 November 2012. By that time 27 of the prison inmates had been killed by STF/Army/TID/Prison Intelligence, he states. Petition 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 jewelries were to be handed over to the prisoners upon their release had also been ransacked and with many valuable items during this planned attack by STF, TID and Prison Intelligence.

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

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

He complains although four years has 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 the deceased prisoners were kept in prison in fiscal custody on the orders of the Judiciary. He contends it is the Judiciary which has the supreme duty to supervise, oversee and be in control of the affair pertaining to the prisoners.

He laments often their application for bail is rejected by the Judiciary and consequently their remand is extended. He underlines when the lives of prisoners are endangered, the Judiciary is under obligation to cause and investigation and inquiry into such incidents and make 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 done to the victims.

He alleges the Criminal Investigation Department and the Police Department have failed and neglected to perform their duties according to 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 seeking the Court to issue a Writ of Mandamus on the 2nd and 3rd Respondents commanding them to commence according to law the investigations into the incidents.