Govt. to review Attorney General’s directive halting CID action in Mahara Prison Case

-Representatives of the inmates can pursue secondary legal action, asserting their rights to do so

Colombo, Oct 30 (Daily Mirror) - The government is expected to make a decision in the coming days regarding the Attorney General's directive to the Criminal Investigation Department (CID) to cease further action on the deaths of 11 inmates during the 2020 Mahara Prison incident, Minister Vijitha Herath said.

On November 29, 2020, inmates at Mahara Prison staged a protest demanding PCR tests for COVID-19 and the transfer of infected prisoners to hospitals for proper treatment. The unrest led to the deaths of 11 inmates, resulting from gunfire by prison officers and the Special Task Force (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. The magistrate thereby, ordered the Criminal Investigation Department (CID) to arrest the prison officers who were involved in the shooting and to produce them before the court without delay.

However, in a letter dated August 30, the Attorney General's Department instructed the CID to halt further action, asserting that the officers acted lawfully during the incident and did not exceed their right to self-defence. This letter was signed by Additional Solicitor General Haripriya Jayasundara on behalf of the Attorney General.

Cabinet Spokesman and Minister Vijitha Herath said yesterday that inmates' representatives can pursue secondary legal action, asserting their rights to do so.

He said the government would review all investigation reports before making a decision.

Meanwhile, Police Spokesman DIG Nihal Thalduwa clarified that Attorney General directed the CID to cease proceedings during the initial stage of the findings.

"The CID submitted the facts to the court while the matter was under investigation. After the investigation, the CID forwarded the findings to the Attorney General seeking further instructions. Based on the investigation, the AG recommended that the officers acted lawfully and did not exceed their right to personal security," the spokesman said.

The spokesman confirmed that the Attorney General's instructions were based on the CID's findings and were within the scope of legal authority.

He said that necessary steps would be taken in the future if the new government decides to adopt a different policy regarding the matter.