Special Assignment

12th April 1998

What the Batalanda Commission found

Findings

(a) According to unchallenged and uncontradicted evidence led before this Commission SI Priyadarshana of the Sapugaskanda Police Station was summoned by OIC Keerthi Athapattu to the Biyagama Village Hotel at about 8 p.m. on 20, February, 1990. Since then his whereabouts are not known. He has completely disappeared. Keerthi Atapattu the then OIC of the Sapugaskanda Police Station in his evidence denied this allegation that he summoned Rohitha Priyadarshana to the Biyagama Village Hotel.

But he accepted the fact of being at the Biyagama Village Hotel attending an official meeting till about 8 p.m. on the night Rohitha Priyadarshana disappeared. He could not explain the purpose of the meeting and he has not made any notes or entered in any book of his attending this meeting.

He has not followed the normal procedure followed by the police in regard to his attending this meeting. He also admitted that he had no independent recollection of what transpired at the so called official meeting or who participated at the meeting. Keerthi Atapattu in his evidence said that he was not aware of the disappearance of Rohitha Priyadarshana, but he said that Rohitha Priyadarshana had JVP connections.

As referred to in the previous chapters of this report, there is evidence to show that the body of Rohitha Priyadarshana was subsequently found floating in the Kelani River behind the Peliyagoda Police Station and that his body was recovered. But the police had not taken any interest or action to identify that body or to hold a Post-Mortem inquiry in respect of that body and on the following day that body was found missing again.

We are of the view in view of the evidence stated above that Keerthi Atapattu. H. Q. I. Of the Sapugaskanda Police station and officers of the CSU headed by S S P Douglas Peiris, Nalin Delgoda, DIG Meril Goonaratne, DIG Raja Dias are directly responsible for the disappearance of Rohitha Priyadarshana. These officers have aided and abetted the same.

Sub-Inspector Ajith Jayasinghe was arrested by SSP Douglas Peiris and the Officers of the CSU on the basis that he was a suspected JVP sympathizer. On the material placed before us it seems that CSU was of the view that there was sufficient material before them to investigate Ajith Jayasinghe's connections with the JVP. Further, Ajith Jayasinghe himself admitted that he was carrying illegal explosives (two hand bombs) for his personal safety, even though he has been officially issued a service revolver by the Police.

In the light of the evidence placed before us, we hold that there were no sufficient grounds for his arrest and to be investigated. Thus the arrest itself is illegal. We wish to observe that his arrest was not in conformity with accepted legal procedure.

He being a subordinate officer of Douglas Peiris he could have summoned him to his office and arrested him. But without resorting to normal procedure Ajith Jayasinghe was arrested on the highway like a common criminal in the presence of a large gathering. It was almost like a episode in a local teledrama. Thus we are not in a position to approve such conduct on the part of the CSU in regard to the arrest of Ajith Jayasinghe.

On the other hand we wish to observe that Ajith Jayasinghe, had admittedly been an efficient officer and was investigating crimes committed by the underworld gangs who were sympathizers of the then government. The CSU may have tried to show that Ajith Jayasinghe was a JVP sympathiser and prevent him from conducting such investigations. Ajith Jayasinghe was also subjected to various harassments, so much so that he had to leave the country. Although he was arrested, he was not dealt with according to law. Even a disciplinary inquiry was not held in respect of Ajith Jayasinghe's conduct.

In view of the above facts we hold that whatever the reasons for Ajith Jayasinghe's arrest (which were never properly investigated) and detention, and the harassment he was subjected to, it was done with a view to suppress the illegal activities of the family of Gonawela Sunil and his supporters, specially the attack on the Sapugaskanda Police Station.

In view of the above facts we are of the view that the CSU, headed by Douglas Peiris and his officers directly and/or indirectly responsible for the arrest and detention and for aiding and abetting the arrest of the said Ajith Jayasinghe.

Although, according to the evidence led before us Sapugaskanda Police Station was attacked by a group including the nephew (Kaluwa) of Gonawela Sunil, the CSU without investigating about that group drew a red herring by investigating into the connection S. I. Rohitha Priyadarshana and Ajith Jayasinghe are said to have had with the JVP.

(c) The establishment and maintenance of a place of detention at the Batalanda Housing Scheme of the State fertilizer Corporation is a fact proved beyond any doubt. The mass of evidence led before us leads to the only conclusion that some of the houses in the Batalanda Housing Scheme were used as illegal detention camps and torture houses. No less a person than the then IGP Ernest Perera , himself admitted that he subsequently came to know of the existence of an illegal detention camp at Batalanda. Each and every witness who was taken to Batalanda Housing Scheme vividly described the manner in which they were incarcerated and tortured in some of the houses referred to in the previous chapters. The torture they were subjected to were inhuman, degrading and shows the sadistic behaviour of the persons who committed such acts. The evidence of most of these witnesses who were challenged were done on the basis that it was necessary to counter the JVP terror. It was suggested that there were other groups like Black Cats, PRRA, Kola Koti etc. under the direction or acting in connivance with the Police who were using terror tactics to counter JVP terror.

The Batalanda Housing Scheme was a convenient and safe place for the establishment of a detention camp. It was guarded by an Army Camp and situated in an isolated place. The CSU unit was only a front for the illegal maintenance of Batalanda as a Detention Camp. Douglas Peiris and Ranjith Wickremesinghe, the two chief officers of the CSU and some other officers of the same unit were residing in the Batalanda Housing Complex which belonged to the Fertilizer Corporation. They were given these houses by passing the normal government and Police regulations, at the instance of Mr. Ranil Wickremesinghe. Mr. Wickremesinghe stated that this was done on the instructions of Mr. Ranjan Wijeratne who was the then Deputy Minister of Defence. As Mr. Wijeratne is dead we are not in a position to verify this fact.

When the JVP suspect Lawyer Wijedasa Liyanarachchi was arrested in Tangalle, he was handed over to the CSU unit of the Peliyagoda Police on the instructions of Mr. Ranil Wickremesinghe, according to the evidence of the then IGP Ernest Perera . Mr. Ranil Wickremesinghe in his evidence countered this position by stating that he merely agreed to the suggestion made by the IGP and that he was not instrumental in handing over of Liyanarachchi to the CSU. When one considers the evidence of the former IGP and Mr. Ranil Wickremesinge it is very clear that both of them were aware of the CSU unit and when the question of detention of Liyanarachchi was discussed at a conference presided over by the then executive President J. R. Jayewardene and attended by his son and Defence Adviser Ravi Jayewardene it is clear that Ranil Wickremesinghe was aware of the detention of JVP suspects at the Peliyagoda CSU which was situated 1 K.M. away from the Battalanda Housing Scheme.

Whatever that may be, Liyanarachchi was handed over to the CSU Peliyagoda, headed by Douglas Peiris after a discussion with the former President Mr. J. R. Jayewardene, his Defence Adviser and son Ravi Jayewardene, then IGP and Mr. Ranil Wickremesinghe as disclosed by then IGP Ernest Perera. To accommodate suspect Wijedasa Liyanarachchi the CSU was shifted from Peliyagoda Police Station to the Sapugaskanda Police Station and the same CSU was shifted back to Peliyagoda Police Station later and the last and the only suspect detained at the Sapugaskanda CSU was Liyanarachchi.

Sapugaskanda Police Station was situated very close to the Batalanda Housing Scheme. According to the evidence led it was about 1.5 K.M. away from the Batalanda Housing Scheme. According to the evidence as described in the previous chapters, Liyanarachchi who was able to climb the steps to the upper floor of the Sapugaskanda Police Station without any difficulty was removed to the hospital on the following day with serious injuries, which were over hundred, all over his body, and died of those injuries at the hospital.

Where did he sustain these injuries? According to Mr. Ranil Wickremesinghe he may have sustained these injuries at Tangalle or at the CSU unit. If so there is no doubt that these injuries were as a result of torture he was subjected to by the Police. There is no direct evidence to show that he was assaulted or tortured at the Sapugaskanda CSU unit, but if he was in a position to climb up to the Sapugaskanda Police Station upper floor (according to the evidence of Ranjith Wickremesinghe) and if he was not assaulted or tortured where could he have sustained such injuries? The inevitable conclusion that one can arrive at is that he was detained at a house in the Batalanda Housing Scheme over night and tortured and brought back to the Sapugaskanda Police Station in the early hours to prove the bona fides of legal detention. This fact alone will prove that the CSU officers were making use of some houses in the Batalanda Housing Scheme as illegal detention place and as torture chambers.

In the light of the above facts we are of the view that the CSU headed by Douglas Peiris and his officers are responsible for the establishment and maintenance of an illegal detention camp at the Batalanda Housing Scheme during the period from 01.01.1998 and ending on 31.12.1990. We hold that the persons who were detained at the Battalanda were subjected to inhuman and degrading treatment and the CSU was directly responsible for such acts.

We are also of the view that President J. R. Jayewardene, Ranil Wickremesinghe, Ranjan Wijeratne DIG Kelaniya and SP. Kelaniya, are indirectly responsible for the establishment and maintenance of an illegal detention camp at Batalanda.

It is in evidence that these Police Officers used to consult provincial and national politicians instead of taking orders from the Police Head Quarters. These officers on their own admission received promotions and other benefits through politicians and thus they had no other alternative but to serve their political masters. These officers attended security meetings and conferences headed by national and local politicians. These Police Officers giving evidence before the Commission expressed the view that such arrests and treatment were inevitable in a situation which prevailed during 1987-1990. They were of the view that terror should be met with terror.

They stated that to counter the JVP terror Police Officers were given a free hand in dealing with such terror. Due to the active involvement of the CSU in suppressing the JVP terror some of these officers were given promotions above the others and were looked after well by the then government. We have already adverted to such facts in the previous chapters.

None of the witnesses who testified to the fact that they were assaulted and tortured at the Batalanda Housing Scheme, were challenged on the basis that they were giving false evidence or falsely implicating the officers of the CSU. The tenor of the cross-examination was that they were arrested on the basis that they were JVP suspects. Some senior Police officers and even the witnesses of the calibre of Mr. Ranil Wickremesinghe former Prime Minister and presently Leader of the Opposition, Mr. John Amaratunga former Minister and presently MP accepted that such arrest and detention was inevitable in a situation like the JVP uprising. The government's response was to unleash a reign of terror. The goal was to exterminate the JVP in an orgy of extra-Judicial killing and retribution..

(d) There is no evidence to show that any inquiry or probe into any of the aforesaid matter had been conducted by any officer or any institution. Mr. Ranil Wickrem-esinghe, the then DIG and SSP Kelaniya and other officers of the CSU denied the existence of an illegal Detention Camp or places at Batalanda. But the then I G P Ernest Perera testifying before the Commission admitted that he subsequently came to know of the existence of a Detention Camp Batalanda without his knowledge or approval. But as the then head of the police, he has not taken any steps to inquire or to probe into such matters.

All the circumstances lead to the fact that the then government was not interested in probing or investigating such matters. The then government commended, promoted and granted other benefits to the officers who were responsible for such acts.

Rewards were offered and granted in an arbitrary and discriminating way to the senior officers for the good work done by the Junior officers in suppressing the JVP.

The attack on the Sapugaskanda Police Station by a group, which included 'Kaluwa' nephew of the dreaded underworld gang leader Gonawala Sunil was not investigated, even though some police officers were killed in the attack. It was revealed in evidence that Gonawala Sunil had links with the Police Officers and politicians and that all of them were involved in the illegal activities at the Batalanda Housing scheme. Thus the politicians and the Police Officers who depended on this underworld gang had no other alternative but to protect them from prosecution.

We are of the view that the officers of the CSU could be indicted for kidnapping of the persons who have disappeared after been brought to Batalanda. We recommend that the Attorney-General should take appropriate action according to law.

Further, we recommend that disciplinary action be taken against officers who were responsible for such acts.

We also recommend that adequate compensation should be paid to the families of the persons who disappeared and to persons who were arrested and tortured at Batalanda.

Comments and Observations

Before we conclude, we wish to comment and make our observations in regard to the suggestions made to this Commission by some witnesses and their Counsel appearing on behalf of the CSU officers, Mr. John Amaratunga and Mr. Joseph Michael Perera.

The first suggestion was that the terror unleashed by the JVP necessitated the use of some form of terror by the State to counter the JVP terror.

It is a known fact that thousands detained administratively are subjected to torture, extra judicial executions and so on all over the world.

Human misery was seen in its most brutal form in recent years in the Black July incident in Colombo and in the Northern Sri Lanka by terrorist groups. The world conveniently watched these with dismay, with lot of rhetoric but without political will to take timely action to intervene and minimise human suffering and damage.

We wish to observe that under the Universal Declaration of Human Rights and in the convention on Economic Social and Cultural Rights, which was reaffirmed by UN General Assembly Declaration, States are collectively and individually duty bound to promote ''Universal respect for and observance of all human rights and fundamental freedoms for all''.

There is also a duty on individual States ''to eliminate the massive and flagrant violations of the human rights of people and human beings and to eradicate all the injustices''.

All the virtues of a true democracy will set in place, only when a Government remains at all times accountable. When there is no accountability, then the evils of Government lawlessness will surface. Abuse and misuse of power with impunity, nepotism, corruption and like will eventually erode society.

It is true that gun culture, torture, assassination of their opponents have become an ordinary event in our so called Five Star Democratic Society. Preaching about democracy from the highest pedestal and then using their power and authority to dispose of their opponents, has become an ordinary event in the so called Five Star Democracy, where the leaders are supposed to be adherents of very great and highly respected religions.

The quality of leadership has deteriorated to such an extent that force and not persuasion, seems to have become the method of gaining and remaining in State power. Democracy was pushed into the background and the gun and bomb culture which prevailed during the relevant period was such, that we did not have even One Star Democracy.

The involvement of the politicians, which we have described in the previous chapter clearly shows the criminalization of politics in this country. It is clear that the Police was also politicised and criminalized. The law enforcement agency, the Police, seems to have believed that they can act as Judges and executioners in the course of their duties. The Police themselves seems to have taken a leaf from the JVP/DJV book of terror.

Does the end justifies the means? Can a Court of law or a Commission consisting of Judges approve such conduct of the Police? Most certainly not. One may exculpate killings in a confrontation which are unavoidable. But certainly not when persons are removed from houses in the night and tortured and made to disappear. Judges cannot adopt an attitude of saying, "damn good, they deserve it." This seems to be the attitude of some witnesses and Counsel who appeared on their behalf. If we are to adopt such an attitude it would amount to a sacrilege of judicial authority.

It is most unfortunate that all these torture and disappearances were perpetrated under leaders who are supposed to be from respectable and good families and educated in the best of schools. No wonder that when leaders act in that manner, the common man tend to think that this is the rule of the day. One political party try to capture state power by violent means and another party did everything possible to be in State power by the same means. Politics has become the preserve of the elite and the common thug and not a concern of the common man. The elite and the common thug hand in glove manipulates the society to gain and be in state power. It seems that the State Power is only for the 'super world' and the 'under world.'

The Police have failed in their duty to comply with the law and uphold the administration of justice. The servile obedience of such officers for their personal gains and benefits had led them to commit any crime in the name of law and order.

We are of the view that there can be no justification for extra-judicial killings, disappearance, torture, not even in the "best interest" of the state.

It was also suggested that opening Police conduct to judicial scrutiny can only produce demoralization and that as the country, witnessed nothing short of war during 1987 to 1990 period, there are bound to be human rights violations. Further, it was suggested that the Police excesses were minor in relation to the gross human rights violations by the JVP/DJV.

We as Judges, cannot approve of such conduct on the part of the State and it's agencies. The formidable evidence led before us clearly establishes the fact that the officers of the CSU were responsible for such "excesses." It is in evidence that they extracted money, tortured suspects, faked encounters and summarily killed suspects or caused disappearances.

We are of the view that scrutiny of Police excesses is a requirement of natural justice. It is unthinkable that in a crisis situation natural justice should be overlooked. To suggest that the State should trample on human rights because the JVP/DJV did so is to obliterate the distinction between the rule of the law and lynch law. Acting on the State's orders or in it's best interest is no defence against torture, non judicial killings and disappearances. Persons who wield State power are responsible for their actions. This principle was laid down in the Nurumberg Jurisprudence. No officer need obey an illegal order. Torture and non judicial killings cannot be in the best interests of the State. States that practice retribution become sadistic and barbaric States.

We are of the view that those who are guilty must be punished.Otherwise such atrocities cannot be prevented and no one will be held responsible. If we are to accept the suggestion that "they deserve it," all human and sadistic, degrading actions could be justified in the name of the State. It will bring disrepute and ignominy to State eroding it's authority.

We are conscious of the fact of the agony and the terror that the people were put through by the JVP/DJV during the insurgency of 1987 to 1989. It is a fact that by a mere poster or a single letter, the entire country was brought to a halt and that persons were brutally killed because they attempted to carry on the normal business of living.

It was suggested that as it was an extraordinary situation which required extraordinary measures and therefore that this country owes a great debt of gratitude to the armed forces and the Police which saved this country from anarchy. But, can we as Judges, sitting in the Commission condone the excesses committed under the guise of terminating the JVP and the DJV terrorism? Most certainly not. Doesn't the people have a right to know what took place and to ensure that such excesses will not happen in the future? We are sitting as Commissioners not to apportion blame on any party but to 'report' on what actually happened; so that where necessary legal action be taken against those responsible by a competent Court of law and to be dealt with according to law.

If such measures are not taken, people will tend to believe that the State remains utterly insensitive to such torture and disappearances, because of political patronage. According to the evidence led before us, there seems to be a belief that torture and disappearances have been promoted and sponsored by those who were wielding political powers. If remedial measures are not taken, the society may think that there is nothing wrong taking the law into their own hands and retaliate which would be a vote of no confidence against the due process of the law as enshrined in the Constitution.

It was alleged that there was a conspiracy on the part of the investigators of the Commission to lead evidence with a view of ''slinging mud'' at the previous administration and the politicians.

''Slinging mud'' (Ipsissima Verba) as alleged by Counsel representing some of the witnesses, is a trait of our society from time immemorial.

This was done in the olden days by means of scurrilous letters (Kela Pattara) and today by means of tabloid papers, national papers and electronic media. Scurrilous letters and tabloid papers do it in a crude form, whereas national and electronic media do it in a refined form by means of caricatures and gossip columns.

Editorial/Opinion Contents