Statute of Limitations and Batalanda Cases

Eyewitness Accounts of Batalanda Abductions and Torture!

by Staff Writer 21-03-2025 | 5:56 PM

COLOMBO (News 1st); According to the contents of the Batalanda Commission report, it is up to the Attorney General to decide whether to file charges or conduct further investigations, President's Counsel Saliya Peiris pointed out.

He expressed these views last night while participating in the Mawatha Intellectual Discussion.

Under Section 2 of the Commissions of Inquiry Act No. 17 of 1948, then-President Chandrika Bandaranaike Kumaratunga appointed the Batalanda Commission.

This was to investigate the disappearances and illegal detentions of individuals during the 1988/90 period and the operation of detention centers under the Batalanda Housing Scheme.

Despite several extensions granted by the then-President to conduct investigations, no further action was taken regarding the report.

When former President Ranil Wickremesinghe was questioned by an Al Jazeera journalist about these crimes, he responded that the relevant commission report had not been tabled in Parliament.

However, this report was tabled in Parliament last week.

"This report cannot directly punish anyone. The Attorney General must decide whether to file charges or conduct further investigations based on its contents. Except for crimes punishable by death, other crimes have a statute of limitations. Crimes cannot be prosecuted after 20 years. This legal situation exists. Practically, there are many questions about whether the witnesses mentioned in the report are still alive and able to testify in court. Murder is not subject to a statute of limitations, but abduction and torture are. These must be proven beyond reasonable doubt in court," explained President's Counsel Saliya Peiris.

There is still living evidence of the existence of the Batalanda torture chamber and the abductions that took place.

Ananda Jayakody, who now works as a court reporter, was also abducted and tortured at Batalanda.

Jayakody was abducted on September 6, 1988, at the Kalagedihena junction.

"I was coming down the Kalagedihena road. The Kandy road is narrow, with a single lane. There was a bus stop towards Kandy, and many children were standing there. Among the children were some terrorists dressed in civilian clothes, state terrorists. There was a commotion. I wanted to mislead them, so I ran across the road, holding my file bag. One of them jumped from behind, and I hit him with the bag without looking. He fell in the middle of the road. I ran, and they shot at me. I was dragged along the ground," he said.

Dr. A.P. Karunaratne, an Ayurvedic doctor from the Attanagalla area, was a police officer in charge of the weapons storage at the Batalanda torture chamber.

Now 96 years old, he still suffers mentally, recalling his minor involvement in these crimes.

"Every day, they brought ten or fifteen guns. I took charge of them and handed them over every evening," said A.P. Karunaratne, the Former Weapons Custodian at Batalanda.

When asked about the individuals who were brought to Batalanda, he said, "They were brought in vans and jeeps. I saw them being brought in. Even now, I feel a lot of distress. The girls would ask to see their mothers. We also had mothers. When I sleep, I see them being beaten and killed in my dreams. I built a Buddha shrine to find some peace. I am still not free. I see them in my dreams, calling me to come over."

Such eyewitness evidence can still be identified.

The question now is whether to let this report be buried by the sands of time or to seek justice for at least the murders that occurred.

"What we see through these commission reports is that they need to be brought to a clear state. The current government has the responsibility to transform this country into a new political culture. These commission reports show us a very important aspect of this cultural transformation. We need to take the next steps. We are still talking about the Easter attacks. The inquiry into the Easter attacks is not over. It's not just the bond scam; there was also a commission to investigate fraud and corruption. Parliament has these reports. Justice must be served for all these unfinished tasks. It is essential for the dignity and respect of our state," explained Dr. Navaratna Bandara.