Justice And Compensation Delayed
by Ashanthi Warunasuriya
The government is in the process of finalising compensation payments for those who were killed or injured during the Welikada prison riot five years ago, Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs, D.M. Swaminathan said.He said arrangements have been made to grant Rs. 2 million to the families of the 16 people who who died in the incident, while the injured including the prison guards will be paid Rs. 500,000 each as compensation.
When The Sunday Leader inquired as to why there was such a delay in the payment of compensation, the Minister said most of the documents that were furnished contained wrong addresses and details and currently the officers are engaged in gathering the correct information of the victims of this incident. However, he said as soon as the correct information is gathered and the victims have been identified, payment of compensation can be completed by the government.
However, the family members of the victims said that those responsible for this murderous act should be punished and paying compensation will not suffice.
The families filed a writ petition in the Court of Appeal last month seeking a proper investigation into the incident. The petition was filed by an eyewitness to the incident, Sudesh Nandimal Silva. The Petitioner states that the 1st Respondent is the Officer In overall charge of the Prisons, the 2nd Respondent is the Director of CID who is ostensibly in charge of the investigation, the 3rd Respondent being the head of the Department of Police, the 4th Respondent is the Minister within whose purview lies the entire Prison Authority.
The 4th Respondent is cited by virtue of being the Chief Legal advisor of the State. Attorney-at-Law Senaka Perera of the People’s Collective against 2009 Welikada massacre through this petition seeks the proper investigation regarding the incident and for those responsible to be punished.
On 9th November 2012 at about 1.00 pm the Petitioner and other prisoners at the Welikada prison received information that personnel from the Army and STF were about to enter the prison to conduct a search operation.
The Petitioner got to know 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. The Petitioner learnt that the TID and STF officials insisted that this was an order issued by the Secretary of Defence and therefore such protocols were not necessary. The Petitioner states that the prison was in the control of the Army until 10.00 am on 10th November 2012. By that time 27 of the prison inmates had been killed by STF/Army/TID/Prison Intelligence. The Petition has made a complaint to the Criminal Investigation Department on 02.02.2015 regarding the said incident. However, requests to hold a proper investigation into the incident and punish those responsible have so far been ignored. Hence the petitioner has sought court assistance through a writ petition to hold investigations. The committee report of the appointed investigation team by the good governance regime was handed over to Justice Minister Wijedasa Rajapaksha in June 2015 in the presence of Prime Minister Ranil Wickremesinghe, but so far it has not been made public.
Justice Minister Wijedasa Rajapaksha said since there was nothing significant that could have been taken from the report submitted by the committee appointed by the previous regime, he had appointed a committee headed by a Supreme Court judge. According to that report, the IGP had been informed to conduct further investigations regarding the incident, adding that he had also sent a reminder to the IGP in this regard.
He added that there is nothing to hide in this incident and said the report will be submitted to Parliament. He said further deliberations regarding the incident will be handled by Minister Swaminathan.
Meanwhile it was decided to compensate the families of those who died in the incident and it received Cabinet approval as well. According to Wijedasa Rajapaksha, the report had been received by Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs, D.M. Swaminathan, facilitating the payment of compensation.
However, although 27 prisoners had died during the incident, only 16 of them will receive compensation as the authorities claim that the other 11 had died outside of the prison during their attempt to escape. However the Committee for Protecting the Rights of Prisoners says all prisoners who died during the incident should be compensated fairly and impartially. The President of the Committee Senaka Perera had also submitted a report regarding the incident to the Human Rights Council. The previous government too appointed a committee to investigate the incident that took place at Welikada. However, they have merely tried to justify the action taken and the reasons for the incident. Even an eyewitness, Nandimal Silva stated that although statements were obtained from them, many of the details given by the eyewitnesses were not included in the report. He had even received death threats for having given evidence.
Meanwhile, having assumed power the current government appointed a three member committee to investigate the Welikada massacre. That committee suggested that this incident was a deliberate massacre and it should be investigated. The committee report also mentions that compensation payments to the victims of this incident should be paid by the government.
The Committee for Protecting the Rights of Prisoners took to the streets on May Day demanding that all rights of prisoners be protected. They demanded proper healthcare for prisoners, torture and harassment while in prison, home leave and other rights of prisoners. Field Marshal Sarath Fonseka too was in prison at the time Nandimal was behind bars. “His punishment was the printing part but he had not done any of that work a single day. He had other prisoners assigned to carry out his duties. He was given a separate bed. Perhaps this was for security reasons,” said Nandimal explaining what he had observed while in prison. Attorney-at-law Senaka Perera said while his organisation is seeking justice for the victims, this whole incident has been turned into a political deal, a political tool.
“Now some say the war heroes who saved the country from terrorism cannot be punished. However, there are those who issued the orders to the security forces to carry out this massacre. Even if compensation is paid, can you put a figure to the value of human life? One of those killed had not been in prison for any crime he committed but he was serving time as he had signed as a guarantor. Even though these people are serving time in prison, they too have the same bonding and family ties. In this country prisoners are referred to as social misfits. They even see us as wrongdoers for standing up for the protection of the rights of these prisoners. Moreover, although laws are in place to protect witnesses who testify, there is no proper mechanism to protect these prisoners. Their lives are eternally in danger,” he said.
The petitioner states that the families of those who lost their lives in the said prison killings are aggrieved and a good number of them have lost their bread winners. These family members urge that the incident be investigated into and properly by the authorities. They are at a loss to understand why no investigations have been conducted into the massacre of their loved ones whom they expected to return to normal family lives after they served time in the Prison.
According to the eyewitness, 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 cells that were closeby several inmates fell down unconscious. Other inmates were rounded up and assaulted. This was going on for few hours. Some order was restored around 6.30 pm and the “L ward” cell and other cells were closed.
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.
The petitioner had seen an officer in yellow T-Shirt whom he later got to know as Rangajeewa formerly of the Narcotics Division of the Police with pistol in hand had asked 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.
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 6.00 am the petitioner and other prisoners saw Amila Malik Perera alias Konda Amila being taken in hand cuffs and subsequently the petitioner got to know that Amila had been killed.
However, no one is a born criminal, there are always reasons and circumstances that lead people to take the wrong path. During this incident hardened drug lords as well innocent people lost their lives. Irrespective of who they are or what their crime is, we ask that all victims of this incident be compensated fairly and justice served to all alike, the Committee for the Protection of Prisoners urged.
