Welikada Prison deaths; Eyewitnesses ready to

back those denied justice

2017-07-05
The failure to promptly open and carry out a criminal investigation into the deaths
of 27 inmates in Welikada prison during a riot and its aftermath on November 9
and 10 of 2012 has become a stigma to the justice system in Sri Lanka. Human
rights activists and organisations had expressed concerns at the lack of a prompt
and expeditious investigation and the impunity of the culprits.

Despite having strong evidence and testimonies of a number of witnesses to the

shooting incident, no formal inquiry was opened during the previous regime or
the present. The families of those killed together with rights watchdog claim that
those responsible for the alleged massacre include some powerful political and
security officials.

Five years have lapsed since the deaths of 27 inmates. Despite several
commissions being appointed to inquire into the incident, none of these
commissions had the authorisation to investigate and prosecute the offenders.
However, eye witnesses fingers point at the same people. All witnesses had given
statements against the same group of people.
Appeal Court to hear petition on July 7
In the absence of a formal investigation by the government, an eye witness to the
incident Sudesh Nandimal Silva recently sought an order from the Court of
Appeal, directing the Inspector General Police (IGP) and the Director of the
Criminal Investigation Department (CID) to commence an investigation into these
deaths.
Nandimal Silva, who was in remand custody when the riot occured, cited
Commissioner General of Prisons, Director of CID, IGP, Minister of Prison Reforms
and the Attorney General as respondents in his writ petition.
Speaking to Daily Mirror, he said most of the inmates who died inside the prison
were those who had filed Fundamental Rights cases and petitions before the
Human Rights Commission of Sri Lanka (HRCSL) against Police Inspector M.
Neomal Rangajeewa of the PNB, Former Defence Secretary Rajapaksa and Former
Magazine Prison Superintendent Emil Ranjan Lamahewage.

I am not afraid, but know my life is in danger

- Eye witness Nandimal
Sudesh Nandimal Silva alleged that the purpose of the STF which came in
hundreds to Welikada Prison on November 9 was to create a problem and fulfill
their target.

I was told by a prison officer that the STF came on an order of former Defence
Secretary Gotabaya Rajapaksa. We heard a commotion from the wards to which
the STF entered on the pretext of searching for drugs and mobile phones. We
heard our inmates screaming. After some time, we figured out that tear gas had
been fired into the cells where our inmates were trapped. It was such an inhuman
act. We had no place to even run and avoid being tear-gassed.
We heard our inmates screaming. After some time, we figured out that tear gas
had been fired
They asked me whether I was Nandimal and they asked me not to pull up the
Welikada case because if it is taken up some of them will have to end up in
prison. They threatened me not to get involved.

Then, inmates started storming the cells. That was when the inmates lost their
patience and started hitting back with whatever they caught. The riots began. It
should be noted that the prisoners, who were seen on the roof bearing the rifles,
were not shot at by the STF. Some selected inmates inside their cells were shot
dead by the STF. None of the prisoners wanted to escape. If they wanted, they
could have done it earlier. However, by midnight, the situation was controlled
and the weapons were returned to the prison officers. The prisoners obeyed the
prison officers because the prisoners had been known and associating with them
for years. The STF returned in the middle of the night. One of the inmates Lester
who was talking with a prison officer was shot in the neck from behind. At 4 in the
morning, they came and dragged Thushara Chandana alias Kalu Thushara, one of
the inmates. I witnessed how he was forced to kneel and was shot in the head. I
personally dont know Rangajeewa. But, I heard Thushara saying Rangajeewa sir,
please dont kill me,

Threatening incidents
Weeks after I gave testimony before the CID, a vehicle started following my
motorcycle. One day, two men had come to my work place from the same vehicle
and inquired about me from the security guards. One of the security guards had
written down the number of the vehicle. An investigation was launched by the
Maligawatta Police upon my complaint and it was revealed that the vehicle, which
followed me, belonged to the PNB. Further inquiries werent continued
thereafter.
On another day, three individuals wearing caps whistled and called me over
when I was going to the junction in Moratuwa to get a reload for my phone. They
asked me whether I was Nandimal and they asked me not to pull up the Welikada
case because if it is taken up some of them will have to end up in prison. They
threatened me not to get involved. Lately, they used a radio programme to sling
mud at me and threaten me. The so-called presenters of this radio programme
branded me as a Sinhala Kotiya (Sinhala tiger). I have a family. They faced many
difficulties after the show was broadcast. I lodged a complaint against the radio
programme with the Police Division for the Protection of Victims and Witnesses. I
will not stop because I am not afraid, but I know there is a danger to my life.

No need for an inquiry

- Frm. Defence Sec. Gotabaya Rajapaksa

Former Defence Secretary Gotabaya Rajapaksa told the Daily Mirror that he did
not believe that the incident should be investigated.

There is no need of an inquiry. There was a situation going on in the prison on

November 9, 2012 when the search for illegal arms and drugs were being carried
out. All what the STF did was their job to maintain law and order. It was the
normal procedure in this country. They have to control such situations. As the
prisoners broke the armoury and started firing with the firearms, the STF only
acted how they are supposed to do their job.
I was not involved at all in the incident.
I was not involved at all in the incident. How can they charge me like that? I was
not even there. They are trying to target me according to their political agendas.
Anybody can level allegations against anyone. However, these allegations are
baseless. Why should I plan such things inside a prison? Why should I kill those
prisoners whom I have never even seen? Give me a reason. I had better work to
do during that time. I have sacrificed my life for this country. I have worked
hard to bring peace to this country. I dont know why I am being targeted by
these people regarding incidents which I have no involvement in. Those who
point fingers at me are blaming me with their neo-liberal mindsets even for
finishing the thirty-year war. They dont even know the gravity of this incident
which took place in Welikada Prison. I think we should not waste time talking
about these kinds of matters.

Implementation of CIPI recommendations within 3 months

- Prison Reforms Minister D.M. Swaminathan
The recommendations given by the three-member Committee Inquiring into the
Prison Incident 2012 (CIPI) will be implemented within a time frame of three
months
The recommendations given by the three-member Committee Inquiring into the
Prison Incident 2012 (CIPI) will be implemented within a time frame of three
months as directed by the Prisons Reforms Minister D.M.Swaminathan, ministry
media unit told the Dailymirror On the instructions of Prime Minister Ranil
Wickremesinghe, Minister Swaminathan had directed IGP Pujith Jayasundara,
Senior DIG of Police Crimes Investigation Department (CID) Nandana Munasinghe
and Senior State Counsel of Attorney Generals Department Janaka Bandara to
start implementing the recommendations given by the CIPI regarding the
Welikada riots where 27 inmates were killed.
A meeting was called by Minister Swaminathan on June 14 at the Prisons Reforms
Ministry to discuss further actions based on the CIPI which submitted its report in
June 2015 to the Prime Minister.
During the meeting, SDIG Nandana Munasinghe had informed the minister that
the CID investigation which was initiated in 2012 would be completed soon.
Sufficient proof to recommend a criminal investigation
- S.K.Liyanage, a member of the Nambuwasam Committee
Retired Administrative Official and Attorney-at-Law S.K.Liyanage, who is a
member of the three-member Committee- headed by Retired Supreme Court
Judge Wimal Nambuwasam and Retired DIG Asoka Wijetilake-Inquiring into the
Prison Incident 2012 (CIPI) said that there was enough evidence to reach two final
recommendations that a criminal investigation should be launched into the case.
He added that the respective families of the victims should be compensated.

No one tried to level pressure on us when carrying out inquiries into the
incident. Members of the victims families and the witnesses had confidence in
our committee compared to the previous commissions. I believe it was because of
the government change. We appreciate the governments first move to approve
the compensation procedure. However, it is doubtful as to why the other and the
most important recommendation is disregarded hitherto. Government Analyst
said going by the blood stains and other scientific evidence, many of the prisoners
were shot within short range. He had also said that the inmates were kneeling or
sitting on something at the time of the shooting. When recording statement,
Former Defence Secretary Gotabaya Rajapaksa, who is said to be the main
suspect of the case, told the committee that the STF wasnt under his control, as
such he did not give such orders to shoot the prisoners. The committee was told
by him that the STF was under the purview of Former SDIG Anura Senanayake. As
far as we are concerned, the IGP was not even in country on November 9, 2012.
When recording statement, Former Defence Secretary Gotabaya Rajapaksa,
who is said to be the main suspect of the case
When recording statement, Former Defence Secretary Gotabaya Rajapaksa,
who is said to be the main suspect of the case, told the committee that the STF
wasnt under his control,

What makes it ironic is that the then IGP who also gave a statement to the
committee had said from the inception that the STF was under Gotabaya
Rajapaksas control and the IGP had nothing to do with it. However, finally it was
made clear that several parties had wanted to put and end to the lives of some
prisoners due to various reasons.

Yahapalana govt. following footsteps of previous govt

- Activist Ranjith Keerthi Tennakoon
Anti Corruption Front (ACF) Convener and Social Activist Ranjith Keerthi
Tennakoon said the prison shooting was a deliberate crime. There is sufficient
evidence to prove that the inmates who died had been targeted in a
premeditated manner. The Yahapalana government that pledged to punish the
culprits of the shooting is now following in the same footsteps of the previous
government by dragging the case. We doubt whether they too are shielding
someone. Compensating the victims families is not enough as an obvious crime
has been committed here. They need justice, not money.

Commissions had no power to implement their recommendations

Frm. HRCSL Chairman Dr. Prathiba Mahanamahewa
Former Human Rights Commissioner and Rights Activist Dr. Prathiba
Mahanamahewa said the commissions appointed by the government in order to
investigate into serious incidents such as 2012 Welikada shooting should be given
judicial powers to a certain degree.

Authorising the commissions with judicial powers would accelerate the

prosecution process as it would not be necessary for the commissions to wait
until the given recommendations are taken up for implementation in court.

However, what needs to be done is collect all the completed committee reports,
analyze them and implement the recommendations immediately. The Welikada
case should be instituted in relevant courts in order to prosecute the suspects.

Case used for political gains

- Attorney-at-Law Senaka Perera for the Writ Petitioner
Attorney-at-Law Senaka Perera who appears on behalf of Sudesh Nandimal Silva
told the Daily Mirror that the case was used for political gains. He added that the
case was purposely delayed due to the attempts to shield the culprits.

There are jailers who are ready to testify as they witnessed the entire incident.
But, they are waiting until the prosecutions begin. But, the government is keeping
silent.
There are jailers who are ready to testify as they witnessed the entire incident.

The Nambuwasam Committee was appointed as a result of a protest campaign

launched by us demanding speedy action against the killings. However, the
committee did not seem to be strong . The committee report was completed and
reportedly handed over to the government. Delaying the actions in spite of having
sufficient evidence makes us think that this case is politically motivated.
We are quite sure that the case is held up because the politicians can blackmail
the involved powerful characters as long as they conduct the case. The STF should
have conducted an internal inquiry on an institution level if they respect the law.
Nothing has happened. However, we think the case is not being taken up because
of allegations that had already been levelled against the Tri-forces and the STF. In
the face of strong public opposition levelled against war heroes being summoned
and questioned, the government is reluctant to take up that kind of case where
Tri-forces and STF members might be found guilty.
Members of the previous committee had been told not to disclose the findings
freely
Former Defence Secretary Gotabaya Rajapaksa is the main suspect of this case.
Nothing happened without his orders during that time. They had extreme power
by that time. Even though it was illegal, no one was ready to oppose the act which
had violated the rules and regulations of the Prisons Act and the fundamental
rights of the prisoners.
Members of the previous committee had been told not to disclose the findings
freely. The witnesses including prison officials were also influenced during the
previous government. Some prison officers who witnessed the incident fear for
their lives. During the CID inquiry, the CID used to maintain a book to note down
the names of the witnesses. We opposed it. Later, the book was removed.

This is a personal revenge

-Konda Amilas mother
Sameera Perera aka Konda Amila was a convict of a drug related crime. He had
been brought into Welikada Prison two days prior to the shooting incident.

Jayasinghe Arachchige Malani, the mother of Konda Amila who died during the
shooting, had cooked Milk Rice (Kiribath) to celebrate the joy of the news that IP
Neomal Rangajeewa of the PNB sustained injuries in a shooting that took place in
Piliyandala in May this year. The PNB sleuth is still undergoing treatment at a
hospital. She said Karma had treated IP Rangajeewa in that way for allegedly
killing her son.

My beloved son knew nothing. I called him around 1 am on November 10, 2012
after the chaos in the prison. I asked him not to go outside the cell or to be
involved in any incident and he said yes. But, Rangajeewa had allegedly dragged
my son out of the cell and shot him around 6 am, she claimed.
Malani recalled the history associating her son and the particular prison official at
Magazine Prison, Welikada. Former Magazine Prison Superintendent Emil Ranjan
Lamahewage had punished and penalised my son for possessing a phone in the
prison. Following this incident, my son had developed a verbal argument with
Emil Ranjan. I had lodged a complaint at the Human Rights Commission of Sri
Lanka against him. My son had been threatened by Emil Ranjan and told to
withdraw the complaint. But, my son did not want the complaint to be
withdrawn. This is merely a personal revenge, she alleged.
Karma had treated IP Rangajeewa in that way for allegedly killing my son

Sixty three year old Malani broke down several times while talking about her son.

She said despite attempts to sweep the case under the carpet, the killers of her
son and those who gave the order will be punished by the nature some day. I cry
everyday remembering my son and also I curse those who are responsible for my
sons and others untimely deaths. I started a small job so that I can direct my
attention to something else.

Otherwise, I would have died or gone mad thinking and crying for my son. Out of
my three sons, my elder son died while serving in the Sri Lanka Army. I have only
one son now, she said.
Referring to the Rs. two million of compensation proposed to be given for the
family members of the victims of prison massacre, Malani said that she doesnt
want compensation.

Would I be able to get my son back for Rs.2 million she questions? Pledging that
she would fight for justice for her son and other dead prisoners, she said that she
is ready to appear in court and testify against IP Rangajeewa and former
Superintendent Emil Ranjan when the case is taken up again.
Pics by Kushan Pathiraja, Damith Wickremesinghe and Romesh Danushka Silva

Extracts from another eye witnesss account

Hewa Dalugodage Sahan Sri Keerthi was in remand at

Welikada Prison at the time of riots took place in November, 2012. He was later
released. He left the country to save his life as some perpetrators had come to
know that he was an eye witness to some of the gruesome killings. He is in
poccession of photographic and audio-video evidence. Before going abroad, in
the face of threats to his life for being an eye w itness to the incident, he had
written an account of what he saw inside the prison where 27 inmates were
killed.

After 2 pm
Prison officials were left perturbed as they had nothing else to do, but wait and
see the situation which was being handled by the STF.

After 4 pm
Firing of tear gas started around 1.30 pm and lasted for more than one and half
hours with no break. Inmates aged more than 70 had been suffering from
breathing problems due to tear gas. They had to use water even from fish tanks
to recover.
The situation was so uncontrollable for the main jailer of the prison that he asked
prisoners what they should do. The main jailer made an announcement to all
inmates saying prison officers and inmates in Welikada had never experienced
such cruel treatment during his thirty-year service and he was very disappointed
and saddened about what just happened.

After 8 pm
Prisoners who were on roofs bearing arms had stormed the pharmacy of the
prison and consumed drugs. However, inmates remanded for serious criminal
cases and those who were having underworld connections tried to hide in cells to
save their lives. Those who were branded as thugs and gangsters did not even
come out of their cells.

After 10 pm
Almost all the arms were returned to jailer Kudabanda and inmates were
preparing to return to their cells peacefully on the promise that they would be
sent to their cells only by prison officials and not by any government forces. Kalu
Thushara who was lately shot dead offered huge support to Kudabanda to collect
the arms from the inmates. The inmates did no harm to prison officials. Inmates
had even helped many jailers to leave the prison premises due to the chaos. They
had not used the chaotic situation to escape from the prison.
Jailers called and warned inmates to be careful and be safe as they heard about a
come-back by the STF by midnight into the cells.

After 11.45 pm
A rain of bullets were fired suddenly from the main gate. Lester, one of the
inmates who was walking towards their cells, was shot repeatedly and he fell right
on Kudabandas feet. Everyone started fleeing for their lives. Pointing to several
prisoners who were hiding under a table including me, Kudabanda asked not to
harass us. The forces who did not respect his words, said they had received orders
to kill anyone. They separated prison officials and inmates. When leaving,
Kudabanda begged the commandoes not to harm any inmate.

After 2 am
Army officers came to us with a list of prisoners and asked their whereabouts.
The first inmate they asked about was the one who was remanded for slaying two
monks at Kotte Rajamaha Viharaya. Of the names in their list, inmates known as
Potta Naufer, Pinwatte Ukkuwa, Ratmalane Rohana and Kapila were there. Few
minutes later, we heard Kapila and another inmate named Malan screaming and
later they were shot dead.
Kalu Thushara was among three of us including Sudesh Nandimal Silva, hiding
under the table. The commandoes came to us twice and asked whereabouts of
Kalu Thushara. As we all saw what happened to other prisoners whom they
inquired about and dragged outside, all of us tried to hide. Thushara saved his life.
On the third occasion, an officer directly came to Thushara and dragged him out.
Thushara was crying and begged them not to shoot him. He said sir, I have a child
and I am not involved in the drug business anymore. But, they snatched his life
too.

After 9 am
A police team led by a Former Senior DIG visited the prison and took photographs
of the dead prisoners. He and the team took the arms which were returned to
Kudabanda by inmates. The police team kept those arms next to each and every
inmate who was killed by them.
Weeks after murders When the CID officials recording statements from eye
witnesses including me, we were asked to comply with what they said and if so,
we would be acquitted from all the cases and sent back home. Despite this
development we badly wanted to speak and act against the injustice. However,
the Rajapaksa rule did not give us a single chance to do so. Posted by Thavam