Document #1051866
IRB – Immigration and Refugee Board of Canada (Author)
The most up-to-date information on the
Batalanda Commission and its findings can be found in LKA31182.E of
1 March 1999.
President Chandrika Kumaratunge established
a presidential commission to investigate allegations of
disappearances, torture and murder that took place between 1
January 1988 and 31 December 1990 in an unofficial government
detention centre at the Batalanda Housing Estate/Scheme (INFORM
Jan. 1996, 8; Country Reports 1996 30 Jan. 1997), that was
located in Wickramasinghe's electorate (Sri Lanka Monitor
Apr. 1998). The Batalanda Commission commenced sitting on 16
January 1996 (INFORM Jan. 1996, 8), officially concluded its
hearings at the end of October 1997 (INFORM Oct. 1997, 9), and
submitted its report to Sri Lankan President Chandrika Kumarantunga
on 27 March 1998 (Sri Lanka Monitor Apr. 1998).
INFORM periodically reported that former
Superintendent of Police, Douglas Peiris, was the principal accused
in the happenings at the Batalanda detention centre (INFORM May
1996, 10; ibid. June 1996, 11-12; ibid. July 1996, 13 ), although
several references had also linked Wickremasinghe to the abuses
(INFORM June 1996, 11-12).
In August 1996 INFORM reported that that
there were "widespread rumours" that Wickremasinghe "might be
arrested for questioning on the basis of disclosures made before
the Commission" (11).
On 7 November 1996 the CID interrogated
Ranil Wickramasinghe, Opposition and UNP leader, in his office for
almost five hours in matters relating to the Batalanda Commission
inquiries (INFORM Nov. 1996, 11).
In May 1997 Assistant Superintendent of
Police (ASP) Keerthi Kumara Atapattu testified to the Batalanda
Commission that Wickramasinghe had an office in the Batalanda
Housing Scheme, while Peiris had a home there (Daily News
8 May 1997; ibid. 3 June 1997).
On 3 September 1997 Wickramasinghe
testified before the Batalanda Commission (INFORM Aug. 1997, 9;
The Sunday Times 31 Aug. 1997) as the last witness to give
evidence (ibid.). The Sunday Times reported that
Wickramsinghe completed his testimony before the Commission on 4
September 1997, was subjected to "lengthy questioning, [but] fared
well as a witness and came out largely unscathed" (7 Sept.
1997).
The Batalanda Commission report that was
submitted to President Chandrika on 27 March 1997 found the police
Counter Subversive Unit (CSU) headed by Peiris "directly
responsible" for the torture carried out at the illegal unofficial
detention centre at Batalanda Housing Scheme (Sri Lanka
Monitor Apr. 1998). The report also found Wickramasinghe knew
of the centre's existence (ibid.).
INFORM reported in October 1997 that the
Batalanda Commission, "in its latter stages, [became] an arena for
attacking UNP leader Wickremasinghe" (9).
Eleven police officers were arrested and
detained in connection with the Batalanda Commission proceedings
(INFORM Sept. 1996, 9; The Sunday Times 11 Oct. 1998). The
Defence Secretary, however, revoked their detention orders
following the filing of their fundamental rights petitions (INFORM
Sept. 1996, 9). On 21 September 1998 the Supreme Court found that
the fundamental rights of the eleven police officers had been
violated (The Sunday Times 11 Oct. 1998). According to the
Sunday Times,
the eleven police officers were taken in on a three fold basis; that there were various threats directed at the Presidential Commission investigating the incidents at Batalanda, that there were information that police officers whose names had come up before the Commission were attempting to leave the island and that there is a possibility that these officers could inflict violence on witnesses before the Commission, and, indeed, on the Commissioners themselves. In the opinion of the Court however, no material implicating the petitioners had, in fact, been placed before Court. The Secretary, Ministry of Defence could not have formed an independent opinion that the arrests and subsequent detention was necessary. Not only was the tenuous material available to him vague and lacking in particulars but it was pure hearsay. Neither before nor after the Petitioners [the police officers] were taken in, did the police have any material to justify their actions. Not even the motions of investigating any threat or wrongdoing had been gone through (11 Oct. 1998).
The eleven police officers also claimed
that they had not seen the report and had not been informed of the
crimes for which they were accused, yet action had been taken
against them based on the Batalanda report (ibid.).
No reports of witnesses refusing to testify
before the Commission, of the police or members of the Commission
pressuring witnesses to testify, or of the police or others
preventing witnesses from testifying, other than that provided
above, could be found among the sources consulted by the Research
Directorate.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Information Request.
References
Country Reports on Human Rights
Practices for 1996. http://www.state.gov. 30 January
1997.
Daily News [Colombo]. http://www.lanka.net/lakehouse.
3 June 1997. Sarath Malalasekera. "Ranil Had an Office at Batalanda
Housing Scheme: Witness."
_____. 8 May 1997. Sarah Malalasekera
and Nadira Gunatilleke. "Batalanda Commission: Chairman Warns ASP
Against Giving Irresponsible Evidence."
Sri Lanka Information Monitor (INFORM)
[Colombo]. Situation Report. October 1997. "Follow Up on
Commission Reports."
_____. August 1997. "Commission."
_____. November 1996. "Batalanda
Commission."
_____. September 1996. "Batalanda
Commission."
_____. August 1996. "Batalanda
Commission."
_____. July 1996. "Batalanda
Commission."
_____. June 1996. "Batalanda
Commission."
_____. May 1996. "Batalanda
Commission."
_____.January 1996. "Batalanda
Commission."
Sri Lanka Monitor [London]. http://www.gn.apc.org/refugeecounciluk/slmonitor.
April 1998. "Torture Chamber."
The Sunday Times [Colombo]. http://www.lacnet.org/suntimes.
11 October 1998. Kishali Pinto Jayawardena. "Batalanda Report: What
Is Happening? A Recurring Tragi-Comedy."
_____. 7 September 1997. "The Political
Column: Circus Within Political Circus."
_____. 31 August 1997. "Ranil Before
Batalanda Commission on Wednesday."
Additional Sources Consulted
Amnesty International Report.
Yearly, 1997, 1998.
Country Reports on Human Rights
Practices for 1998. 26 February 1999.
Human Rights Watch World
Report. Yearly. 1997, 1998.
Sri Lanka Information Monitor (INFORM)
[Colombo]. Situation Report. Monthly. January 1996-April
1998, June-December 1998.
Sri Lanka Monitor [London].
Monthly. August-December 1998.
Electronic sources: Internet, IRB
Databases, NEXIS.