Welikade riot: Committee calls for criminal probe

An official committee that probed the deaths of 27 inmates at the Welikade Prison four years ago has declared that a “fresh criminal investigation” is necessary to “ascertain the truth” and institute “criminal proceedings.”

The Committee’s report runs into more than 327 pages and copies of it were circulated amongst ministers last month. The Committee’s task was to investigate the incident and recommend action.

The Committee also recommended that compensation be paid to 16 of those killed whilst the others, it was pointed out, were ineligible since they died whilst trying to flee.

The Committee was headed by former High Court Judge Wimal Nambuwasam and included Asoka Wijetilleke, a retired Deputy Inspector General of Police ( DIG) and S. K. Liyanage, a retired state service officer and Attorney at Law.

They were appointed by Justice Minister Wijeyadasa Rajapakshe on June 9, 2015. However, after the parliamentary elections of August 2015, the subject of prisons went to D. M. Swaminathan, Minister of Prison Reforms, Rehabilitation, Resettlement and Hindu Religious Affairs. Hence, the report was forwarded by Mr. Rajapakshe to Mr. Swaminathan for circulation.

Besides the 27 prisoners killed, the incident on November 9, 2012 at the Welikade Prison left 20 prisoners injured. Also injured was a Prison Officer.

The Committee has said that the “criminal investigation” it has recommended should be carried out under the direct supervision of the Inspector General of Police.” Among the reports highlights: The Colombo Crimes Division and the Criminal Investigation Department ( CID) had not taken charge of the weapons that were used by the STF (the Police Special Task Force) including weapons used to fire tear gas and the weapons used by the Army. It transpired that these weapons were subsequently cleaned after firing. However, the CID had made several positive efforts, including a written request to the then Army Commander to take charge of these weapons in the custody of the Army, but without success. The Committee was unable to trace the Medico- legal reports of the injured from the Police, and none of the Officers of the Police agencies was able to explain. The Committee notes with great disappointment that the two versions emerged from the ( then) Inspector General of Police (N.K. Illangakoon) and DIG Nimal Wakista ( who was head of the State Intelligence Service). According to Mr Wakista, he had continuously briefed the IGP over developments and arrangements regarding search operations in the Welikada Prisons. He has said that he received verbal instructions. The IGP has categorically denied this. The version of the IGP had to be accepted as the true position, as it is well corroborated by the then STF (Commandant) Mr Ranawana. The Committee notes that the version of DIG Wakista is a deliberate misrepresentation of facts to get himself exculpated from being held responsible. Evidence placed before the Committee discloses the alleged involvement of a Police Inspector attached to the Narcotics Bureau (he has been named) and a Prisons Official (also named) “for the selective killings,” as enumerated under ‘observations.’ It is also recommended that this aspect of their complicity be gone into fully during the proposed fresh criminal investigation. Compensation of Rs. 500,000 for the deceased and Rs. 100,000 for those injured is to be paid. The total cost to the Government for this purpose will be Rs 10.1 million.