Welikada Prison riot 2012:

A gross violation of rights

by Ranil Wijayapala

STF personnel brought in to quell the riot -www.tamilguarde.com

Svidence before the Committee of Inquiry into the Prison incident 2012 (CIPI) has revealed that by using the Police Special Task Force, which later precipitated the incident, was uncalled for. If properly managed it could have been done by the Prison Authorities without seeking outside assistance, which is their sole responsibility. The incident is termed by the CIPI as a gross violation of widely accepted norms and procedures.

The CIPI has recommended to initiate a fresh criminal investigation on the matter with special focus on alleged violations, corresponding to torture, which constitute an offence under Section 162 of the Penal Code. It is in this context the CIPI has recommended that the Police be exclusively used to discharge their prime role and the prison authorities independently manage their responsibilities.

The Welikada prison incident in November 2012 sparked criticism over the human rights record in Sri Lanka, and came close on the heels of criticisms over the final phase of the nearly three decades war.

The incident not only raised issues of human rights violations due to the alleged killings of 27 inmates inside the prison but also the need to review the prison system in the country. Though there were attempts to keep the incident under wraps and justify the decisions taken by those concerned, resulting in the precipitation of the incident and the manner in which the inmates were executed, there was a demand from civil society and the international community to reveal what had taken place in the prisons on that day.

People were keen to ascertain the official version of what had transpired, as they felt that no proper investigation was conducted on the incident.

It is reliably learnt the Welikada Prison incident will be included as the second item in the UNHRC report on Sri Lanka, as it was yet another black mark on Sri Lanka’s human rights record.

It is in this backdrop, the government which came to power in January 2015 with the promise of good governance took steps to appoint a three-member committee to investigate the 2012 Welikada prison incident and submit a report. The three-member committee appointed by Justice Minister, Wijayadasa Rajapakshe was known as the (CIPI). The report was submitted in early June to Prime Minister, Ranil Wickremesinghe after investigations for over five months.

The committee heard views from high-ranking prison officers, officers of the Police and the Army, medical officers, experts of the Government Analysts Department, fingerprint experts, released inmates, serving inmates, inmates who were present at the time of the incident, the public and those who had information and other material relevant to the incident.

Evidence

The CIPI also obtained evidence from eminent professionals and the public, seeking opinion on the incident and taking the material published in newspapers reports and photos which were taken during the incident as useful material. The CIPI was chaired by Nimal Nambuwasam, Retired Supreme Court Judge while Asoka Wijetilleke Retired DIG and S.K. Liyanage, a retired administrative officer serving as other members of the committee. The sittings were held for five months at the fourth floor of the former Rehabilitation and Prison Reforms Ministry building in Borella.

The CIPI covered an extensive range of complex issues and also multi-disciplined factors recommending short medium and long term recommendations. The 19 recommendations made by the CIPI arose from the findings based on evidence and other co-related issues for the improvement of the systems within the prison facilities, issues relating to the justice system with regard to punishment of offenders, improvement of prison management, community development, utilization of better modes for rehabilitation proposals for improvements in basaltic examinations, medico-legal examination and certain function of the Police which were inter-connected and relevant to prison riots.

Prisoners protest on the roof - Srilanka brief.org

The CIPI has also recommended the need to comply with international standards and rules relevant to the UN Conventions, Protocols and Covenants. The CIPI has also recommended that the findings of the previous committee appointed in 2012 be annulled as CIPI findings reveal an apparent conflict of interest due to disclosures by witnesses and other related factors.

Personal vendettas

The previous committee appointed by the then Prison Reforms Minister, Chandrasiri Gajadheera to look into the incident, according to the Ministers revelation in Parliament, concluded the prisoners had been killed by other prisoners due to the lack of experience in using firearms and personal vendettas among prisoners had contributed to those deaths.

Criminal investigations should be conducted by a special team of under the direct command of the IGP and the need to focus on the alleged violation of torture during the fresh investigations.

The CIPI has recommended compensation to the families of the deceased and those injured in the incident. Compensation should be paid only to those who did not take part in violence.

The CIPI has observed that some of the inmates have been indiscriminately prosecuted for the incident and sentenced to additional jail terms besides the jail term they were already serving.

It has recommended to review the unreasonable sentences imposed on inmates relating to the incident to grant redress.

The CIPI has recommended that due protection be given to witnesses, specially prison officers who voiced concern over disclosures against their senior officers to dispel mistrust and fear and the need to protect them under the Protection of Victims of Crime and Witnesses Act now in force in Sri Lanka.

Since the Welikada prison incident, the CIPI said overcrowding is bound to have negative results in creating violent behaviour and prisoners detained during pre - trials should not be kept with convicted criminals.

To address the issue of overcrowding, the CIPI recommended to establish more correctional centres in terms of the Community Based Corrections Act, No 46 of 1999. The CIPI said that the imposition of consecutive sentences within a prison environment, which is already overcrowded can have irreversible consequences when used recurrently and noted the importance of the consistency and uniformity in imposing sentences by introducing a national sentencing policy and to treat it as a priority concern.

The Committee also recommended to revise the Prisons Ordinance to make timely changes and improvements to the law to give effect with the approval of Parliament.

The Welikada Prison incident, according to the CIPI was a situation which needed the relocation of the armoury in a manner not accessible to prisoners and has recommended that such armouries should be located at safer locations well secured in a separate area, managed by a trained armourer with accountability vested with the Superintendent of the respective prison facilities.

The CIPI also recommends the issue of small arms, repeater shotguns and Tasers, designed to inflict pain rather than injury to prevent prisoners escaping or quell a riot within prison facilities.

The CIPI recommends the use of improved search methods through technical equipment as used in other countries to detect smuggling of unauthorized objects into the prison and use CCTV cameras to monitor inmate activities within the prison.

Given the growing civilian community around the current prison locations, specially in Colombo prisoners should be relocated in suitable locations elsewhere, within an accessible distance from Colombo to minimize logistical hardship and practical difficulties.

The Committee also recommended the procurement of technologically advanced equipment for the Government Analyst’s Department to enhance efficiency in keeping with higher international standards.

The CIPI calls for the introduction of procedure enumerated in the Minnesota Protocol of the UN and ICRC guidelines for investigating deaths in custody and the development of Standard Operational Procedure and guidelines for investigating deaths in custody.

The 300-page Committee report is now with the relevant authorities and civil society organisations and the international community is awaiting the implementation of the recommendations of the CIPI speedily to ensure that such incidents would not recur.