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Truth without Hurt: A Senior Police Officer’s Perspective of

Investigations into Political Crimes

In addressing this subject, I put down my experience of forty years in the Sri Lankan Police,

where I retired as Deputy Inspector General, Legal Range, of which twenty years were spent in

the Criminal Investigation Department, where I had the privilege of starting under Tyrell

Goonetilleke, the renowned investigator, as my mentor. My experience in political crimes began

with the Tamil insurgency in the 1970s, through the Sinhalese youth (JVP) insurgency of the

latter 1980s, the commissions of inquiry in the 1990s, to the last phase of the war (2006 – 2009).

Contrary to popular perception, it is my experience that the overwhelming majority of the police

officers are well-trained, capable and if left free of interference by politicians and senior

government officials, would do an honest job in investigating and interdicting crime. I had

shunned politics and worked according to my professional and religious conscience. Indoing so I

once confronted a Supreme Court judge who manoeuvred a commission of inquiry towards a

political verdict and in another instance defended at the Human Rights Commission two police

officers who tried to check criminal behaviour by a minister’s, son in the face of abusive

language by the Minister which should have been disallowed in that forum. Nevertheless, I got

my due promotions and was never penalised by the department. My career with the Commission

of Inquiry into serious violations (2006 – 2009), headed by Justice Udalagama, continued into

my retirement. I submitted my resignation to the Commission upon receiving and confirming

instructions for my elimination instituted by some senior government officials on account of my

witness protection activity. On finding that my resignation did not stanch the active threat to my

life, I explained to the Commission and withdrew my resignation. From then on, until the

Commission wound up in 2009, my dynamic protection activity had been greatly impaired; it

had largely become a matter of protecting myself.

Consequent to certain adverse observations by the United Nations, as mentioned in page 2, in

its report titled - ‘Observations of United Nations’, on the Domestic Inquires conducted by Sri

Lankan Tribunals, which included the UDALAGAMA COMMISSION, there is much

discussion for and against the creation of a hybrid court to investigate alleged war crimes.

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As the Head of the VICTIMS AND WITNESSES ASSISTANCE AND PROTECTION

UNIT (VWAPU) of the saidUDALAGAMA COMMISSION I consider it my duty to defend the

honour, integrity and capability of the Commissioners of the said Commission who were highly

respected, proficient, diligent, independent and equal to any task expected of any International

Tribunal. I was the Deputy Inspector General (DIG) in charge of the Police Legal Range when I

was appointed to head the VWAPU.

I have to state that though the failure of the Commission to conclude its findings cannot be

denied, yet the fault lay not on the commissioners but a few state officials, clothed in absolute

power and impunity, who thwarted the activities of the Commission.

But I wish to stress that any future inquiry into the alleged violations should not be with a

view to imposing penal sanctions on any individual, but with the aim of arriving at the

truth, identifying the miscreants and granting of adequate compensation to the victims.

Moreover this would be the desire of the victims too, viz: to ascertain the truth with regard to

their loved ones, identify the miscreants and to be granted reparation.

OBSERVATIONS OF THE UNITED NATIONS

In the recent past the United Nations has criticized Sri Lanka on our dismal Human Rights

record. Attempts made by the then Government to appoint Commissions of Inquiry, which

included the Presidential Commission of Inquiry appointed in November 2006, known as the

‘Udalagama Commission’, “tasked with conducting investigations into sixteen cases, but only

completed investigations into seven, including that of the ACF and the Trincomalee 5 case,

which it said absorbed most of its resources” (vide paragraph 1211 of the U.N. Human Rights

Council Report No.A/HRC/30/CRP.2 dated 16 September 2015).

IIGEP (International Independent Group of Eminent Persons) was present during the hearings

and repeatedly expressed concern over the lack of impartiality in the proceedings. IIGEP decided

to terminate its mission in April 2008 because it considered that credible investigations into the

cases assigned to the Commission were impossible, citing as reasons: the conflict of interest of

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the Attorney General’s role; lack of effective victim and witness protection; lack of transparency

and timeliness of the proceedings; lack of full co-operation of State bodies; and lack of financial

independence of the Commission (vide paragraph 1212 of the U.N. Human Rights Council

Report No.A/HRC/30/CRP.2 dated 16 September 2015).

Furthermore paragraph 1278 of the said Report mentions, inter-alia “. . . . Sri Lanka should draw

on the lessons learnt and good practices of other countries that have succeeded with hybrid

special courts, integrating international judges, prosecutors, lawyers and investigators. Such a

mechanism will be essential to give confidence to all Sri Lankans, in particular the victims, in the

independence and impartiality of the process, particularly given the politicization and highly

polarized environment in Sri Lanka. It will be important that the international community

supports these initiatives and that they also continue to monitor these developments, to take

further actions that may be required at the international level should there not be concrete

results”.

MY EXPERIENCE IN THE COMMISSION

I experienced firsthand the interference of certain state officials, who first attempted to

completely shut me out of the Commission, and when this failed then attempted to dissuade me

from continuing in the Commission and finally when all these attempts failed, conspired to

exterminate me.

However inspired by the quotes of Pastor Martin Niemöller and of Rev. Martin Luther King Jr.,

viz:-

First they came for the Socialists, and I did not speak out—

Because I was not a Socialist.

Then they came for the Trade Unionists, and I did not speak out—

Because I was not a Trade Unionist.

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Then they came for the Jews, and I did not speak out—

Because I was not a Jew.

Then they came for me—and there was no one left to speak for me

- a famous statement and provocative poem written by Pastor Martin

Niemöller (1892–1984) about the cowardice of German intellectuals following

the Nazis' rise to power and the subsequent purging of their - chosen targets,

group after group

“We will have to repent in this generation ,

Not so much for the evil deeds of the wicked people,

But for the appalling silence of the good people”

Martin Luther King Jr.

I feel that my conscience would militate against me if I do not inform the public of the

issues I faced in the Commission and I also consider it pertinent to expose the unequal and unfair

treatment meted out to the poor and destitute of this country vis-à-vis the politicians and their

off spring and the rich and the mighty.

Policemen complain that if they do not abide by demands of Politicians in Power , even when

such demands are unreasonable, they face the predicament of being transferred out and being

harassed, where they have to look for houses in the new districts they are posted to, find schools

for the children and transfers for working wives etc. Policemen affected by this have been those

in the ranks up to Asst. Superintendents of Police.

Those above the rank of Superintendents cannot be heard to dole out such excuses since officers

of this rank, once they are provided quarters in Colombo, they cannot be required to vacate such

quarters, even if transferred out of Colombo, nor can they be demoted.

I presume I was accepted by officials in the Law Enforcement Arm of the State, as one who

stood up to what was right, which at times, embarrassed top State Officials, Policemen Senior in

Rank to me and even Politicians. This is the reason why State Officials clothed in absolute

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power and impunity, who intended to thwart the activities of the Commission, wanted me kept

out of the Commission.

I have been a boxer from my school days at St.Thomas’ Collge, Mt.Lavinia, where I captained

the school boxing team at the age of fifteen. I have been the Champion at the Stubbs Shield meet

for schools in Sri Lanka, for several years in different weight classes. Having joined the Police I

became National Champion for several years, Captained and coached the Police Boxing Team

and was President of the Amateur Boxing Association of Sri Lanka in 2002. Since I was a

Sportsman I had the privilege of associating closely with other Sportsmen and Officers of the

Armed Forces, as well as several prominent public figures.

In presenting the facts to the Public, my explanations would appear very lengthy, sometimes

irrelevant and even somewhat overweening, yet I have to follow this process, since I am

mindful that I would be targeted by very eloquent speakers and talented debaters, with an agenda

of vilification, through various accusations/criticism, insinuations and aspersions. I am

compelled to discuss the following facets of my career, in order to counteract any criticism, or

doubts in the minds of the readers because I may not have a fair opportunity of reply.

1. Ire of State Officials, Policemen senior in rank and Politicians against me

2. Attempts to keep me out of the Udalagama Commission

4 My investigational experience and eliciting Information without resort to torture

5 Investigations relating to LTTE crimes;

6 My straying into LTTE stronghold in Karadiyanaru

7 Investigations intoJVP related crimes and the voluntary information provided by

them on past and impending serious crimes

8 The Paranagama Missing Persons Commission

9 A comparison between the Udalagama Commission and the Lalith Athulathmudali

and Kobbekaduwa Commissions

10 Serious injury suffered in grenade explosion at Kolonnawa oil tank installations

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1. Ire of State Officials, Policemen senior in rank and Politicians

In this context I present the following incidents in my career where I had the misfortune

of earning the wrath of State Officials, Policemen Senior in Rank and even Politicians

owing to my adherence to the Rule of Law in my engagement in certain grave

controversial incidents, of which some are:

1.1.1. I was placed in the dilemma of having to give my opinion, in 2003 as the DIG

Legal Range over a petition sent by some DIGs over the promotion of one of their

batch mates as Senior DIG, (who later became the IGP), whilst there was a case in

the Supreme Court pending against him. This petition had been sent to the National

Police Commission (NPC) through the IGP. The case in Supreme Court was filed

by the Snr DIG to quash the order of the Samarawickrema Commission which was

appointed in 1994 by Her Excellency Chandrika Bandaranaike Kumaranatunga,

which Commission had recommended the filing of an indictment against the DIG,

in the High Court of Batticaloa and recommended the withdrawal of his civic

rights, for certain General Election Law violations in the Eastern Province in

1994, which the DIG had committed in favour of the ruling party prior to 1994.

However subsequently after the change in Government in 2002, the indictment filed

was withdrawn by the Hon Attorney General. But the DIG’s appeal to the Court of

Appeal to quash the order pertaining to the withdrawal of civic rights was

unsuccessful. Hence he appealed to the Supreme Court.

1.1.2. In the meanwhile the IGP referred the petition to me, for my observations, and

went overseas for two weeks on an official assignment. Surprisingly in the interim

period that the IGP was away, this particular Snr DIG was appointed Acting IGP by

the very Executive who ordered the Commission of Inquiry.

1.1.3. There is a wrong notion conceived by the general public that Policemen fall into

the category of UNPers or SLFPers. This is erroneous. It is only a selected band of

Policemen who qualify as political policemen. And it is these policemen who

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change their allegiance with the changes of government and thereafter at the bidding

of the politicians in power at the time.

1.1.4. After the incumbent IGP left overseas on his assignment, the Acting IGP

telephoned me three days after his acting appointment, calling for my report on the

petition against him. He strictly instructed me to ensure that the report is

favourable to him and had nothing adverse. My conscience did not permit to

comply with this and I addressed the incumbent (Permanent) IGP, who had referred

the petition to me, that the Police Commission would not have promoted the acting

IGP as Snr DIG, had he disclosed to the Police Commission, the pending appeal

filed by him in the Supreme Court, to quash the withdrawal of his Civic Rights.

Thus he violated the legal doctrine of “uberrima fides”.

1.2. Then there was this case of a pistol toting son of a Cabinet Minister who was known to

terrorize patrons in Night Clubs. After the assault of one Mr.Senasinghe by this pistol

toting son, who had pistol whipped the victim on his head causing grave injuries to the

victim, injuries that required multiple sutures to his head, in. 2006, CI Dissanayake OIC

Bambalapitiya reporting the pistol whipping to Court obtained a remand order on the

assailant.

1.2.1. The same day around 12 noon the CI called me, as DIG Legal Range, and told me

that the IGP had abused him firstly for reporting facts to court and more for

mentioning of the pistol whipping and grievous injuries to Court and moving for

remand. The IGP had ordered him to make another application to Court moving for

bail on the suspect.

1.2.2. I told the CI that he had taken the correct course of action and advised him not to

move for bail and said that I would support his action in Court.

1.2.3. Three days later the CI and his ASP, Mr.Palitha Siriwardena (now SSP)

telephoned me and said “Api atharamangwela” meaning “we have been

abandoned”, as the Cabinet Minister has complained against the said CI to the

Human Rights Commission (HRC), for wrongful arrest of his son and for

submitting false facts to court to have his son remanded.

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1.2.4. The CI and ASP said that the IGP, DIG Colombo and SSP Colombo were not

only not prepared to represent them, but also severely reprimanded and abused them

1.2.5. I told them that I, as DIG Legal, would appear for them before the HRC.

1.2.6. At the HRC inquiry, where I represented the CI and ASP who were present, I

countered every argument put forward by the Minister’s lawyer. Midway the

Minister requested the permission of the Commissioner to address the Commission.

Thereafter the Minister began casting malicious remarks in Sinhala against the

Police. I told the Commissioner in English that the Commissioner “should not

permit the Hon Minister to cast such disparaging remarks against the Police”. The

Minister then responded that he had not come there as Hon Minister but only as

A.B.(giving his name). I then told the Commissioner, if this was the case, then the

Commission ‘should warn A.B. not to cast such libelous remarks against the

Police”. At this comment of mine, the Minister stared at me, and on my gazing

back into his eyes without flinching, he immediately left and the inquiry

terminated abruptly.

1.2.7. That same evening, when I was in my office, an SP called me and said that the

IGP had received a telephone call to his office from an SSP about my appearance at

the HRC for the Police officers.

1.2.8. I was informed that the IGP had become furious, saying “eyata mona

kekkumakdha thiyenne mekata idhiripathvenna” meaning “what is the pain he

(referring to me) suffers to cause him to appear on behalf of the Police Officers, at

the HRC. With some other DIGs present endorsing the IGP’s stance, the IGP had

ordered the DIG Colombo and SSP Colombo to send him a report concerning my

appearance before the HRC.

I was however aware that he would not dare to take action against me because such

action would prove his conduct mala fide.

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1.3. The Inter - Ministerial Coordination Committee on Promotion of Sri Lanka’s

image abroad,

ThisCommittee chaired by the Secretary Ministry of Foreign Affairs (S/FA), resolved to

give adequate publicity to the recirculation of the guidelines of His Excellency, The

President, dated July, 2006, - to the Security Forces and the Police - on the awareness of

Fundamental Rights of Persons arrested and/or detained.

1.3.1 I as the DIG Legal was charged with the responsibility of educating Police

officers at a Divisional Level, on the Police Departmental Circular No. 1926/2006,

which embodied the directives of His Excellency, the President. An Additional Solicitor

General (ASG), who later became Attorney General, agreed to address the participants

on the concerns of His Excellency, the President on the ramifications internationally of

non-adherence to Human Rights norms.

1.3.2 At such meetings the ASG stressed, inter-alia, the requirement of satisfying the test of

reasonable suspicion as espoused in several Supreme Court decisions, when arresting

persons on suspicion. We addressed senior Police Officers in Colombo and Ratnapura

Divisions, amongst whom were DIGs, SPs, ASPs and OICs of Police Stations and Crime

Branches

1.3.3 During the tea break at the meeting with officers of Nugegoda Police Division in the

first week of May, 2007, an Asst Supdt of Police, who after securing a promise of

anonymity from the ASG and I, posed the difficulty that though he was aware of the

necessity of such degree of suspicion prior to arrests, the Police Officers had been

warned by a top official of the Ministry of Defence that no reasonable suspicion was

required to arrest any Tamil who did not have a permanent residence, or permanent job in

Colombo and that such persons should be arrested and sent to the Boossa Detention

Camp. In fact when a DIG posed the issue of reasonable suspicion, this top official, in

anger, had told the DIG to look for another place, failing which he would find another

place for the DIG

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1.3.4 After the tea break the ASG explained to the gathering that an illegal order, even if it be

from a senior officer, if executed, would be at the peril of sanction of the officer

executing such illegal order. The ASG also undertook to bring this issue to the notice of

the relevant authorities.

1.3.5 At the Inter–Ministerial Coordinating Committee Meeting of 8th May 2007, I mentioned

the concern expressed by the ASP to the Secretary, Foreign Affairs.

1.3.6 At this juncture a Deputy Solicitor General (DSG), who was on the Committee loudly

protested that the concern expressed by me was not relevant to that forum, and that it

would be appropriate only at a meeting conducted by the Ministry of Human Rights and

furthermore that it was an internal matter which had to be addressed by the Inspector

General of Police. I informed the Secretary, Foreign Affairs, the reason why I brought it

up at this forum was because it was this Committee which required me to conduct the

relevant training program, and because of my sincere belief that prevention of such

incidents would be better than corrective measures after a breach.

1.3.7 In view of the opinion of the Deputy Solicitor General, I addressed a letter to the

Inspector General of Police the following day, with a copy to the Secretary / Foreign

Affairs, the Additional Solicitor General who addressed the Police officers with me, and

to the relevant Deputy Solicitor General, who had protested regarding my concerns.

1.3.8 The Additional Solicitor General telephoned me the following day and said that the

Deputy Solicitor General had checked from him the veracity of my utterance at the

meeting described above, to which the ASG had answered in the affirmative. This was

followed by a telephone call to me from the Secretary/ Foreign Affairs, who commended

me for having addressed this issue.

1.3.9 Consequently, having realized that our addressing Police Officers on Human Rights

issues would be in contradiction to instructions being issued by the top official of the

Ministry of Defence, which virtually nullified and ridiculed our efforts, the ASG and I

ceased carrying out this task. Thus ended the noble mission of the Ministry of Foreign

Affairs.

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2. Attempts to keep me out of the Udalagama Commission,

2.1. On the said Udalagama Presidential Commission being appointed, the IGP was

requested by the Commission to nominate some officers to be interviewed in order to

select a suitable officer to Head the Investigation Unit of the Commission.

Understandably the position contemplated by the Commission would require an officer

with vast experience in criminal investigations and trilingual skills.

2.2. The IGP on 19.01.2007 nominated five DIGs which included a Tamil officer, and six

Senior Superintendents of Police (SSPs). Though the Commission had requested the

IGP to nominate me as a candidate to be interviewed, the IGP has stated that I was to

retire in 2007, whereas the term of the Commission could extend beyond December

2007 and hence he did not nominate me. Curiously two officers nominated by the IGP

were scheduled to retire a few months before me. I also learnt that the Tamil DIG who

was considered for the position, had declined the nomination citing perceived threats.

2.3. Moreover, I had more criminal investigational experience than the other officers

nominated. Of my 40 years of service in the Police, I served in the Criminal

Investigation Department (CID) for over 20 years, from the rank of Probationary Sub-

Inspector up to the rank of SSP. Subsequently upon my acquiring a Law Degree and

becoming an Attorney at Law, I served in the Police Legal Division as Deputy Director,

then Director and retired as DIG Legal Range.

(My investigational experience consistently avoiding torture and the appreciation

expressed by hard core criminals whom I interviewed are detailed in paragraph 3

below.

On my own initiative I followed a one month seminar at the International Institute

Of Human Rights, Strasbourg, France in 2002. I also published an article in

August 2005 on Police Torture, captioned - “Equal Access to Justice – where

should it commence to ensure Human Rights” This is available on the internet).

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2.4. However I was interviewed subsequently by the Commission and appointed Head of the

Victims and Witnesses Assistance and Protection Unit (VWAPU). I sought and

obtained the permission of the Commission to recruit my handpicked officials as

ultimately it was my responsibility for providing security to victims and witnesses.

Accordingly I recruited some of my Police Boxers and others who worked with me long

years, in whom I had absolute faith and trust.

2.5. A DSG was appointed ‘Advisor’ to the VWAPU,

2.6. Since the concept of Victims and Witnesses and Assistance and Protection was a novel

concept in Sri Lanka, the Commission decided to train three officials of the VWAPU in

Sydney, Australia. The members selected were I, as the Head of the Unit, the DSG who

was Advisor to the Unit, and the Officer-In-Charge of the Unit, a Chief Inspector of

Police. After having obtained the requisite visas and making the travel arrangements in

late August, 2007, just three days prior to our departure, there was a message from the

Presidential Secretariat, that if Public Servants were to utilize Government funds for this

training, such persons should have at least 2 years service remaining in Public Service. I

realized that this order was in particular targeting me, to prevent me from attending the

training seminar, as I had only a little more than four months left before my retirement

in December 2007.

2.7. Furthermore I knew that if I did not attended this seminar, I would have to agree with

every suggestion of the Advisor, and if I was to act independently I had to follow this

seminar, or resign. Since this course would also have enhanced my knowledge in this

sphere, which was closely related to criminal investigation I informed the Commission

that I would personally fund the expenses involved.

2.8. It would be relevant to mention here that around the same time DIG Lafir, who had only

one more week to retire, went on a two weeks scholarship to Hong-Kong. He

subsequently returned after one week of his retirement and remained totally retired.

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Whereas I had almost four months left after my return from the training course and

furthermore I was mandated to serve the Commission until its conclusion.

2.9. Hence the strange decision of Presidential Secretariat was mind boggling.However Mr.

Lafir is well known in the Police as a very honourable and competent officer who did

not indulge in politics or other mean activities.

2.10. In the course of my duties, on the directions of the Commission, certain

vulnerable victims and witnesses were relocated by me, some in foreign countries and

some locally. But the Commissioners, in strict adherence to the principle of “Need to

Know” never ventured to ask me where I relocated the vulnerable persons. After having

coordinated with foreign embassies I sent some of these witnesses overseas and some I

relocated locally in areas heavily populated with people of similar ethnicity and social

standing, so that they could mingle with the local public without arousing suspicion. I

did not take even my driver for these local relocations knowing well that he could be

pressurized through various means such as promotions / transfers etc, whereas I was now

retired and without any authority in the Police. I went on these assignments with my

Deputy to the VWAPU Mr A. Nawaz, Attorney-at-Law and a Deputy School Principal.

2.11. However in mid-September, 2008 I received information that at a top level

meeting of Security Forces and Police Personnel chaired by a top official of the Defence

Ministry, a Member of the Panel of Counsel from the official Bar assisting the

Commission, had informed that I was holding some victims and witnesses

incommunicado and was coaxing them to give evidence inimical to the interests of the

State. In response the top official had entrusted the task of eliminating me to a unit of

the security forces.

2.12. Since this source had previously given me information of the impending

assassination of a prominent personality, I totally believed in what he said and on 15th

September, 2008, I addressed the Chairman of the Commission Hon. Justice

N.K.Udalagamaa letter tendering my resignation, as Head of the VWAPU citing

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financial constraints and that I wished to pursue my Profession as a Lawyer and also the

fact that I was not even in receipt of my pension. But in fact I orally informed the

Commissioners of the threat to my life being the real cause for my resignation. The

Chairman requested me to remain until the Commission found a suitable replacement,

and directed me to avoid coming for the proceedings and to confine myself to the office.

This information of the threat to my life was further confirmed by another dear friend, an

ex-policeman a very close relative of a Cabinet Minister.

2.13. I strictly adhered to the advice of the Hon Chairman of the Commission in not

attending the proceedings of the Commission and believed that threat would cease when

the top official learned that I had tendered my resignation and that I did not attend the

Commission proceedings anymore and was waiting to be replaced.

2.14. Nevertheless I reasonably fortified my house, and took precautions of having

reconnaissance carried out by my staff covering the route I was to take. I lived down a

dead end which had only five houses.

2.15. On 2nd October, 2008 my neighbours around 6:30 am informed me that the dogs

down the lane had barked very loudly at 1.15 am and when they came out of their

houses they saw two persons near my car. These persons had walked off casually on

seeing the neighbours coming out. Another youth said he had seen two persons by my

car around midnight on two occasions the same week and one who was fair was there on

both occasions and left on seeing him. The neighbours had also noticed suspicious motor

cyclists down the dead end.

2.16. This convinced me that my threat would remain even if I relinquished my services

with the Commission and I believed that I necessarily had to be with the Commission as

at this stage it is only the Commission which could provide me protection, and on 4th

October, 2008 I addressed the Chairman of the Commission describing the events of the

wee hours of 2nd morning and withdrawing my resignation

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2.17. In consequence, the Chairman of the Commission addressed the Inspector

General of Police on 9th October, 2008 annexing my letter dated 4th October, 2008

Stating that;

“The Commissioners are of the belief that the threats perceived by Mr.Thangavelu result

from the obligations of Mr.Thangavelu to the Commission in his capacity as the Head of

VWAPU. The VWAPU is entrusted with the functions of providing assistance and

protection to victims and witnesses, who are assessed as vulnerable to threats by

interested parties to prevent them from testifying before this Commission. There have

been instances where witnesses have been threatened with death if they came before the

Commission. Such witnesses have been provided protection by Mr.Thangavelu. And as

a consequence of such responsibility to the Commission Mr.Thangavelu exposes himself

to threats of a similar nature.

“In the circumstances this Commission urges you, as a matter of urgency, to

provide adequate protection to Mr.Thangavelu and to have this investigated by the

Criminal Investigation Department.

“It would be appreciated if the Commission is apprised of the progress with

regard to the two urgent issues described in the preceding paragraph.”

2.18. The IGP never inquired from me about providing security. An ASP recorded my

statement and that was all. None of the witnesses was questioned.

2.19. Instead, the Police Department still insisted on the return of my service pistol and

declined to release my pension due from December 2007, despite the Chairman of the

Commission addressing the I.G.P. by his letter dated 12th June, 2008 urging him to

authorize me to retain my weapon quoting the above threats faced by me.

2.20. Moreover at the time, the retiring DIGs were entitled for such privilege and in

fact even a retired SSP enjoyed this benefit.

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2.21. I also informed top Diplomats of two Foreign Missions about the threat to my

person. One Diplomat asked me whether I desired this information be revealed to the

top Defence official. I said “Yes, this official should not runaway with the idea that this

killing too could be portrayed as Accused Unknown”.

The Commission terminated its proceedings in April, 2009.

3. My Investigational Experience and eliciting information devoid Torture

3.1. I was recruited to the CID by the renowned and distinguished investigator the late Senior

DIG Mr. TyrrelGoonetillake. He instilled in us the discipline of investigating crimes

without torture and had very long discourses and on the job training on the skills of

investigating avoiding resort to torture. He abhorred torture and stressed that anyone

stooping to torture was no good as an investigator to remain in the CID. As a young Sub

Inspector in the CID, I also had the privilege of assisting, Inspector O.K. Hemachandra

(Retried DIG), in the investigation of a case of rape and murder of a school mistress. He

educated me on his personal practical experience as a young Sub Inspector, on the

futility of perpetrating torture in the course of investigations, which ultimately was an

exercise in vanity and a show of power.

3.2. It is with this training and experience and the consequential confidence and skills of

investigational aptitude, that I ventured to investigate serious crimes including terrorist

related crimes both locally and internationally. These included the atrocities committed

by both the LTTE and the JVP. Since I did not perpetrate torture on any of my suspects

I have neither been targeted for harm, nor ever threatened.

Eliciting Information without resort to Torture

3.3. I had the privilege of addressing about 100 Inspectors on “Investigation techniques to

minimize violation of Human Rights at a Police training programme conducted by the

United Nations Development Programme(UNDP) in early July 2005.

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3.4. When I asked these officers their opinion of Human Rights, especially the aspect of

torture, they said that they had to resort to use of force to solve cases owing to the

following reasons:-

(i) Sense of shame and loss of face if they fail to solve the case by recovering the

weapon of the offence or the fruits of the crime, where there were several eye

witnesses testifying against the suspect.

(ii) Lack of resources- personnel / vehicles, equipment etc. to pursue their investigations;

(iii) The period of custody of 24 hours was insufficient.

(iv) Pressure from Superior officers to solve the cases, with the implication that the

consequences of non-compliance or failure to successfully complete investigations

within the time limit would result in unfavorable reports to their personnel file or

other strictures, which would adversely affect their career prospects.

2.5 After listening to their response I posed the question whether they had ever carried out

acts that could be classified as torture, or whether they had heard of torture being

perpetrated on members of the privileged classes such as politicians, their off-spring, the

rich and persons of high standing in society, notwithstanding accusations or evidence to

attest that such persons had been concerned in murder, sometimes multiple murders,

fraud involving millions of Rupees, rape and other such serious crime, or whether force

had been used on such persons to extort information or evidence relevant to the crime

committed - whether force, or physical intimidation had been used to obtain information

on the weapons used for the murders or to trace the stolen/ defrauded loot.

The answer was ‘NO’’.

When I asked them whether I was incorrect in saying that in almost all the instances of

torture in Police custody, the victims were the poor, the destitute and the defenseless,

they sheepishly admitted it was so.

The answer was ‘YES’.

2.6 The irony of the situation is that torture had been directed against the weakest sections of

society – the poor, the destitute and the defenceless, who were in need of the most

elaborate protection from the State.

18

The foregoing paragraphs on The Elicitng Information Devoid Torture is an

extract from my Article ‘EQUAL ACCESS TO JUSTICE – Where Should It

Commence To Ensure Human Rights” published in the newspapers in 2005 (also

available on the Internet)

3. INVESTIGATION IN RELATION TO LTTE CRIMES

3.5 Among the investigations concerning LTTE related crimes, those noteworthy are:

a. Arrest of 3 LTTE suspects who were fleeing after the robbery of a bank at

Chenkaladi, Batticaloa in 1977. I was proceeding unarmed with a team of officers from

the CID to investigate a politically related complaint in Batticaloa. On hearing of the

bank being robbed by an armed gang who escaped in a car, we turned the car around and

gave chase to the fleeing car from which some shots were fired. Having followed them a

while and realizing they had exhausted all their ammunition, we closed in on them and

took into custody 3 of the 4 suspects and recovered the entire loot. The 4th suspect was

arrested about two months later in Hatton.

I questioned the suspects without resort to third degree methods and they were indicted in

the High Court where I was the principal witness. At the voire-dire inquiry for

admissibility of confession by Court, the suspects never alleged any force whatsoever

being used on them. All were sentenced to 5 years rigorous imprisonment. They were

defended by the late Hon. M.Sivasithamparam, Member of Parliament

b. In March1981, following the heist of gold jewellery valued Rs. 38 Million and cash Rs.

8.1 Million from Peoples Bank, Neerveli, Jaffna and killing of Policemen - by

Prabakaran, along with others of the Tamil Eelam Liberation Organization (TELO) – the

Leader of the TELO Nadarajah Thangathurai, Selvarajah Yogachandran alias Kuttimni

and Selvadurai Sivsubramaniam alias Thevan were arrested about a week later by the

Navy on a tip off. These three were arrested, when they were boarding a boat for India

from “Manal Kadu ” Point Pedro with the robbed jewellery. They were brought to

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Colombo and detained at Panagoda Army Camp. In Colombo several Tamil Police

officers, some natives of Jaffna and others who had served in Jaffna were proffering

expert advice on the terrain of Jaffna in assisting the investigation. I, who was an

Inspector of Police then, had to take a back seat as my knowledge of Jaffna was

negligible. But when the base of investigations was shifted to the Army Camp Elephant

Pass, all these expert officers shied off. Finally I was the only Tamil officer concerned in

the investigations based at the Army Camp Elephant Pass for three months.

c. My motivation to investigate any crime was the training and confidence instilled in me by

my mentor Mr.Tyrell Gonnetileke and his conviction that if an investigator performs his

obligations without considering himself the Judge & Jury, within the frame work of the

law, desisting from torture, he need not fear investigating any crime. It was the

investigator’s responsibility only to elicit evidence and present it to court. It was the

court which had to decide on the guilt of the suspect.

d. The then Inspector General of Police Mr Ana Seneviratne who visited Elephant Pass appreciated

my services as the only Tamil officer.

e. Before shifting the base of investigation to Elephant Pass, I was tasked with the responsibility of

questioning Kuttimani at the Panagoda Army Camp. Here he informed me, without my laying a

finger on him, where he and Prabakaran buried Rs. 3.1 Million of the Rs. 8.1 Million robbed

from the NeerveIi bank, three days following the robbery. As an experienced investigator

through probing cross questions one could be certain whether the suspect was telling the truth or

not.

f. Subsequently it was decided by the top authorities of the CID to take the least important suspect

of the three, Thevan, to Jaffna to conduct surprise raids on places to be pointed by the suspect.

g. I requested them to give me Kuttimani and that I would bring Rs. 3.1 million. My request was

turned down saying Kuttimani was too much an important person to lose. I said if Kuttimani

was to escape, he will have to escape with my life. I was still in active Boxing then.

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h. Five teams in five Jeeps left Colombo under the command of an ASP, stayed the night over at

Palaly Army camp and left at first light the following morning. I was dropped with 3 Police

officers at the house of Sri Sabaratnam (who subsequently led the TELO). I had recorded the

statement of Sri Sabaratnam previously. My instructions were for me and my team to conduct a

search of the house and be there until the rest of the party returned. No incriminating evidence

was found at this house.

i. The house where Kuttimanani referred to as having buried the money was that of a postal peon

down the lane right opposite the house of Sri Sabaratnam.

j. At about 3 pm the ASP returned with the rest of the party absolutely exhausted and mostly

frustrated as no detections whatsoever had been made and wanted me to immediately return to

base with him. I had to plead with him to go to the house of the postal peon. There was a big

crowd in the house due to the ceremony of the peon’s daughter’s attaining age. I wanted to dig

the place behind the well (where the “thula” strikes the ground) as told by Kuttimani, but the

ASP bluntly refused to give me permission. Hence I picked a photograph of the peon from a

photo album. When this was shown to Kuttimani in Colombo he confirmed that it was the house

of this peon. When we returned to the house the day after, we found the very spot where the

money was said to have been buried freshly dug and noticed malatheon sprinkled against insect

attack as described by Kuttimani, but the bag of money missing. Prabakaran had removed the

bag of money the same evening we first visited.

k. When Kuttimani was sentenced to imprisonment by the High Court set up at Buller’s

Road, Colombo 7 he mentioned to Court that all Officers detailed to investigate their

crimes, physically attacked him excluding me. He too was defended by the Late Hon M.

Sivasithamparm Member of Parliament.

l. I gained the confidence of Kuttimani, who disclosed to me that after Prabakaran fell out with

Uma Maheswaran in 1980, the LTTE suffered a setback. At that time the TELO was the most

effective militant group besides the LTTE. Consequently Prabakaran had contacted Kuttimani

21

saying he would like to join the TELO. When Kuttimani told this to Thangathurai the latter had

said “Kutti” we must be careful, as “Thambi” (Prabakaran), was a dangerous guy and he

(Thangathurai) did not know why Prabakaran wanted to join them. But within a few days

Prabakaran had somehow inveigled himself into Thangathurai’s group and participated in several

crimes of the group, including the Neerveli Bank robbery.

m. Kuttimani confided in me that they were of the belief that it was Prabakaran who tipped off

the Navy, which led to their arrest. Kuttimani also said that Prabakaran did not tolerate any

threat to his supremacy.

n. I have been concerned in investigations pertaining to LTTE related crimes in Belgium, Holland,

Germany and India. I visited India with the IGP and Director CID where Prabakaran and Uma

Maheswaran were held in custody following the shoot out between them at Pondy Bazar,

Chennai.

4. Straying into LTTE stronghold in Karadiyanaru

4.5 It is this culture of investigation without torture that saved me from disaster at the

hands of the LTTE when I strayed into their territory in Karadiyanaru in 2004,

during the period of the peace accord . This was when I went in two Police vehicles – a

jeep and double cab, both unmarked, driven by Sinhala drivers and a friend of mine

resident in the UK and working for British Airways. We were returning having

distributed food stuff and other essential items in the East coast following the Tsunami.

We wanted to come to Colombo via Badulla. When we went past a temporary barrier at

Karadiyanaruwe were confronted by the LTTE, who did a thorough search of our

persons and vehicles. We had our Police Identity Cards, but no weapons. I told them

that I had by an oversight entered their territory, having performed the noble cause of

distributing essential items to the victims of the Tsunami, and that since they did not find

any weapons on us they must permit us to turn back.

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4.6 One LTTEer tried to communicate over awalkie talkie and even climbed a tree to get

clear coverage and on failing left on a motor cycle saying he will come back soon. The

time was around 4 pm. When it was nearing 6 pm and getting dark I feared for the

security of my two drivers who had young families, and decided to confront the

LTTEers. I reminded them again of my noble cause and of our being unarmed, that we

intended no malice against them and therefore to let us go, failing which I was going to

my vehicle and all they could do was to shoot me. They then begged me to give them 15

minutes and that word would come from the leadership. I said I would give them only 15

minutes and began praying silently as I necessarily had to carry out my threat, failing

which I would become a laughing stock to them, which would be detrimental to all of us.

By God’s grace the motor cyclist came within about 10 minutes and gave us permission

to proceed through their territory to Maha Oya and from there we were to proceed to

Badulla as planned. The LTTE would definitely have known about me. Perhaps, we were

spared because of my professional reputation as one who functioned by the rules within

the remit of duty.

5. Investigations intoJVP related crimes

5.5 After my promotion as an Asst Superintendent of Police, I was transferred as ASP

Crimes Nugegoda Division. During the violence of the JVP in the 1987 to 1989 era I was

directed to carry out investigations in Colombo, Nugegoda and Mt Lavinia Divisions

enlisting 6 Inspectors of Police (IP) to lead 6 teams. Late DIG MrPiyasena who was

then SSP Nugegoda Division was overall in charge. Owing to the fear police officers had

of the JVP, who had resorted to killing of Police Officers and frequently their family

members, I could only get one IP and had to settle for him and two Probationary Sub

Inspectors Warnasooriya and Rajapakse to head three teams.

5.6 The JVP threw a grenade at the house of SSP Mr Piyasena in Nugegoda, shot dead SI

Rajapakse at his house in Maharagama and cut open his stomach in the presence of his

mother, and shot SI Warnasooriya, at Delkanda, Nugegoda. This SI sustained three

23

bullet injuries and had to undergo three surgeries and still has a bullet embedded in his

spine. He prematurely retired from the Police in the rank of Chief Inspector.

5.7 In fact an SSP, who was heading a unit of the Intelligence Division of the Police

resigned his position as the head of that Unit and he was succeeded by SSP Mr.Nimal

Lionel Gunatilleke (the Late Retired DIG).

5.8 I did not receive even a threatening call or letter. In fact I had thirteen hard core JVPers

who were concerned in serious crimes and of which two were giving very vital

information of crimes hitherto unsolved. One such case was the killing of Independent

Student Union leader of the Colombo University Daya Pathirana, who was murdered by

slitting his throat at a ferry point in Horana. Until the time of the arrest of these hardcore

JVPers, the JVP was blaming the UNP government, whilst the government was blaming

the JVP. Some University Students were in custody for a long period of time over this

murder. It was suspect Hewahettige Jayatissa of Maharagama, who confessed to me of

having abducted Daya Pathirana at Thunmulla junction and killing him at Horana.

Consequently the University Students who were in remand were enlarged on bail.

5.9 From time to time Jayatissa also confessed to several other murders and bank robberies.

As a result of his continuing revelations I had him together with one R.M.Karunaratne of

Homagama who too was providing valuable information, placed in a cell at Welikada

Police, as this was the closest Police station in Nugegoda Police Division, to my quarters

at Maradana Police.

5.10 With these disclosures I was transferred back to the CID and special teams were

formed to investigate their crimes.

5.11 Suspect RM Karunaratne called for me one evening at about 9 pm from Welikada

Police, where he was held for over two weeks, and told me that though he had confessed

to me many crimes committed, he had withheld a vital piece of information and that this

had troubled his conscience. The suspect then informed me of an impending attack on a

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military installation close to Colombo that very night, or the following night, which he

was not certain as it was to be perpetrated after midnight. The JVP had decided on it at a

meeting he attended before his arrest. I immediately informed Mr O.K. Hemachandra,

who was an SP in the CID and was residing close to Welikada Police.

Mr.Hemachadra too came and interviewed him and we passed this information to the

higher ups in the Police

The very next night, the Kotelawala Defence Academy was attacked and nine soldiers were

killed and their weapons stolen. The same night, the Katunayake Air Force Base too was

attacked. Two insurgents were killed in this incident. I had to go to Katunayake at 2 am for

investigation

Would any suspect volunteer such information after two weeks in custody, had he been

subjected to third degree and / or degrading treatment ?

6. THE PARANAGAMA MISSING PERSONS COMMISSION

6.5 The Chairman of the present Missing Persons Commission, appointed by the previous

regime of H.E.Mahinda Rajapakse, inquired from me whether I could assist his

Commission as the Chief Investigating Officer. I said, “Yes, I would definitely like to

assist you, but nominate my name and see what the powers-that-be have to say”. That

was the last I heard from the Chairman.

7. A COMPARISON BETWEEN THE UDALAGAMA COMMISSION AND THE

LALITH ATHULATHMUDALI AND KOBBEKADUWA COMMISSION.

a. I have previously served as the Chief Investigation Officer in the Lalith

Athulathmudali and Kobbekaduwa Commission. The Chairman of this

Commission was the Deputy Chief Justice at the time and the other two members

were late Hon. Justices D.P.S.Gunasekara (then a Judge of the Court of Appeal)

25

and Gamini Amaratunga (then a Judge of the High Court). They both retired later

as Judges of the Supreme Court.

b. In both Commissions, the Chairman appeared to have an agenda which was

contrary to the spirit of an independent commission, viz.a political witch hunt to

blame late President Premadasa for both killings, without an iota of evidence.

c. A woman in her late thirties from Weli Oya, a mother of a twelve year old girl,

appeared before the Commission and related fanciful, improbable and implausible

tales. Amongst her narratives was that she was married to a 24 year old soldier

attached to the security detail of Gen. Kobbekaduwa and that this soldier was the

father of her 12 year old daughter. She said her soldier husband was close to

Brigadier Ananda Weerasekara (now Ven Ananda Thero in a temple in Ampara)

who was appointed by late President Premadasa as the Head of the Rehabilitation

Authority to rehabilitate JVPers.

d. I dispatched a team of Policemen, from my unit to Weli Oya, to check on the

veracity of the statement of the woman and of her antecedents. They reported that

woman was a prostitute in Weli Oya living close to an ambush point of the Sri

Lanka Army and was commonly known as ‘Ambush Nona’.

e. The Chairman on hearing this admonished me for checking on her antecedents

saying that this was a Commission of Inquiry and not a Court of Inquiry and that

he could admit any evidence

f. The Chairman ordered me to apply for a Detention Order on the soldier . I asked

the Chairman what the charge was. He asked me why I wanted to know the

charge. I said I had to explain the charge to him, record his statement in relation to

the charge and if there was prima facie evidence, then apply for the detention

order. The Chairman told me, “You first apply for the detention order and the

statement could be recorded later”. I then asked him of the applicability of the

26

principle of ‘audi alteram partem’ (hear the other side). The Chairman then said,

“We will look into it tomorrow”.

g. However the very following day, I was transferred out of the Commission back to

the CID. The other two Commissioners, the late Justices Gunasekara and

Amaratunga told me that I was lucky to leave the Commission as there will be

another Commission on this Commission. They too resigned from the

Commission within a couple of weeks.

h. Prior to my transfer, Brigadier Weerasekara was summoned to the Commission

without my knowledge. Since I had not summoned the Brigadier I was surprised

as to who had summoned him and was told it was a civilian attached to the

commission.

i. The Brigadier had been summoned by this civilian, who was neither in the Legal

Profession, nor was a Public Servant. He was the leader of a western “Rock”

musical band in Colombo. Neither the other two Commissioners, nor I, knew his

status on the Commission. His credentials were that he moved very closely with

the Chairman.

j. I then told the Brigadier that I would call the person who summoned him and for

the Brigadier to ask him, before making his statement, the reason why he was

summoned. Accordingly when the Brigadier posed this question to the civilian in

my presence, the civilian looked at me in askance. I told him he should answer

the question since it was he who had summoned the Brigadier. On the civilian not

being able to reply, I apologized to the Brigadier for the embarrassment caused

and politely told him he was free to go.

k. When compared to the Udalagama Commision, which was carefully

constituted and designed to standards compatible with reputed Commissions

in the International scene, the Lalith Athulathmudali and Kobbekaduwa

27

Commission was biased and bereft of natural justice, on account of the

predilections of the Chairman of this Commission.

8. Serious injury in grenade explosion at Kolonnawa oil tank installations

8.5 Subsequent to the LTTE exploding the Kolonnawa Oil Tank Installations in 1995, I

was at the scene at about 3:45 am. and whilst I was speaking to an SSP and four ASPs I

heard something falling behind me and noticed an object which was about just six inches

behind me, which then exploded and I saw the embers falling. I felt my internal organs

going haywire. I coughed out blood and dropped to the ground unable, to breathe, nor

move. I prayed to God who made me get up and run amidst rapid gun fire. I ran about

100 yards and the SSP, who was taking shelter brought me in his car to the accident

service of General Hospital, Colombo.

8.6 Through sheer determination I kept myself conscious until I was wheeled into the

operating theatre and there I heard someone say “check his blood group, his pulse rate is

dropping”. I knew I was close to dying and yelled that I was A+, and allergic to

Penicillin, and that I was bleeding inside and that I could not breathe. I was subsequently

informed that I had had a cardiac arrest that very moment. Twelve pellets had entered

my body and my left lung was ruptured. Of the 12 pellets, one was in my heart adjacent

to the coronary sinus and this was removed after fifteen years in 2010when I underwent a

cardiac by-pass surgery. The pellet was given to me as a souvenir in a bottle by the Heart

Surgeon. The 11 other pellets are yet in my body.

Twenty three persons died in this incident as a result of “friendly fire” in the aftermath of

two grenade explosions at the time of the incident.. My car which was about 20 meters

away from where I had fallen had 9 bullet holes.

28

It is by the Grace of my Lord Jesus Christ that I am miraculously alive today

and without any impairment to my sight or hearing.

It is only God who has the Right of Life and Death over his all his creation, and

no other, however powerful and mighty they be.

Conclusion

I have put down my experience to assist thinking about the task the country is faced with in

the wake of the UNHRC resolution. Truth seeking is here the principal task. My

experience tells me that persons complicit in crimes are more likely to tell the truth when

not confronted with the threat of punishment. Placing the untrammeled truth on record is

the primary task. The question of crimes during the war by both sides is besides a criminal,

also a political issue requiring consideration of mitigating factors. While individual

responsibility remains paramount in law, those carrying arms who committed crimes on

both sides, are also victims of the political dispensation and propaganda by others not

involved in the fighting that spurred crimes against humanity. The question of punishment

requires careful consideration by a separate court under appropriate guidelines.

Jayakumar Thangavelu