The Attorney General has directed the Criminal Investigation Department (CID) to cease any further action regarding the deaths of 11 inmates during the 2020 Mahara Prison incident.
This concerns the deaths of the inmates during a protest in November 2020, when prison officers and the Police Special Task Force (STF) opened fire, killing 11. The Attorney General’s order comes despite a ruling from the Welisara Magistrate’s Court, which classified the incident as a crime and instructed the immediate arrest of the involved officers.
On November 29, 2020, inmates at Mahara Prison protested, demanding PCR tests to check for COVID-19 infections and for infected prisoners to be transferred to hospitals for proper treatment. During the unrest, 11 inmates were killed in a shooting carried out by prison officers and the STF.
Following this, a legal case was brought before the Welisara Magistrate’s Court. In a ruling on April 26, 2023, Magistrate Thusitha Dhammika Udivavidana declared the killings a crime. Despite the Attorney General presenting evidence suggesting that the shootings were a necessary use of minimal force to control a rebellion, the Magistrate noted that the manner in which the inmates were shot did not align with the notion of suppressing a rebellion or conducting a humanitarian operation.
The Magistrate further pointed out that, contrary to claims of minimal force, the inmates died from gunshot wounds to the head, stomach, chest, and other critical areas, rather than shots below the knee, which would be consistent with minimal force. As a result, the court ordered the CID to arrest all prison and STF officers involved in the killings and bring them before the court.
However, despite this court order, the Attorney General’s Department, in a letter dated August 30, 2023, instructed the CID not to pursue further action regarding the deaths. The letter, signed by Additional Solicitor General Haripriya Jayasundara on behalf of the Attorney General, stated that the officers had acted lawfully during the Mahara Prison incident and had not exceeded their right to personal security.
The letter also referenced an examination of the investigation, noting that the prison officers appeared to have acted in accordance with Section 77 of the Prisons Ordinance. As such, the Additional Solicitor General informed the CID that no further action was necessary and that the Attorney General’s Department had closed the case file.
