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Thursday, October 31, 2024

Mahara prison riots; A note By Dhanushka Silva

The Mahara Prison incident on November 30, 2020, led to a tragic loss of life, with 11 prisoners dead and over 120 others injured amid a riot and subsequent crackdown. Following the incident, the former Justice Minister appointed a five-member committee to investigate, highlighting the gravity of the situation and the need for transparency. An interim report was tabled in Parliament shortly after, followed by court orders mandating postmortem examinations of the deceased. The committee’s final report, submitted in December 2020, recommended charges against any inmates involved in the violence, but soon attention shifted to the role of prison officials after findings suggested the deaths resulted from gunfire by prison personnel.

 

Over the next three years, the judicial process continued with various rulings from Welisara Magistrate including a call for the arrest of prison officials responsible, as evidence emerged of excessive force used against inmates. In 2023, a writ of mandamus was filed by the widow of one of the deceased, aiming to hold those accountable for the loss. Despite early indications that indictments would be filed, the Attorney General’s Department ultimately decided to discontinue proceedings in August 2024. The attempts to close the case and lack of further instructions from the Attorney General leave us with problematic unresolved questions around accountability and justice, making the Mahara Prison incident a case that reflects broader issues within the penal system and judicial oversight.

 

This note records the sequence of incidents pertaining to the Mahara prison riots, from 2020 to the present day.

 

29th & 30th Nov. 2020 – The riot at the Mahara prison erupted due to the transfer of COVID-19 prisoners. 11 prisoners died and 120 of them were injured.

30th Nov. 2020 – The former Justice Minister appointed a five-member committee to investigate the Mahara prison incident.

08th Dec. 2020 – The interim report of the committee tabled in Parliament.

09th Dec. 2020 – Welisara Magistrate ordered to conduct a postmortem examination on the deceased 11 Prisoners.

16th Dec. 2020 – The Wattala Magistrate’s Court rejected the request to bury four inmates killed in Mahara Prison Riot.

30th Dec 2020 – Final report of the committee handed over to the Justice Minister. The Committee recommended that charges be brought against any prisoner involved with the riots

8th Jan 2021 – The Welisara Magistrate ruled that the prisoners had died as a result of a shooting by the prison officials

No responsible officer were arrested. And, the productions relevant to the Magistrate court’s proceeding had been released. 

26th April 2023 – The Welisara Magistrate ordered to arrest of all officials responsible for the death of the prisoners as it was evident excessive force was used by them

21st June 2023 – A writ of Mandamus (CA/WRT/325/23) filed by M.G. Lasanthie, the wife of one the deceased prisoners at the Court of Appeal

No report for filling indictments was submitted to the CA by the AG

22nd Jan. 2024– Additional Solicitor General (ASG) informs the CA that the indictments will be filed against the officers responsible for killings.

08th May 2024 – The ASG informs the CA that the inquiry into filing indictments was concluded. However, the ASG asked for further time to submit the report to the court

30th Aug. 2024 – ASG Haripriya Jayasundara sent a letter to the Director of CID and the Welisara Magistrate informing the discontinuation of the entire legal proceedings. The AG department closed the case file

15th Oct. 2024 – No instructions were provided by the AG for the Writ application

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