The ‘Batalanda’ Commission report was presented to the Parliament this morning (14) by Leader of the House, Minister Bimal Ratnayake.
The Concluding Observation Notes of the 159 page report submitted by the commission states that the period from 1988 to 1990 was one of the darkest and most violent chapters in Sri Lanka’s history, marked by a cycle of terror that engulfed the nation and that the Janatha Vimukthi Peramuna (JVP) engaged in widespread insurgency, while state and non-state forces responded with brutal countermeasures, often outside the boundaries of the law.
The Batalanda Commission Report confirms that forces operating beyond the formal government structure, including shadowy “search teams,” carried out extrajudicial actions with the tacit approval of law enforcement agencies and elements within the government. In certain instances, these groups worked in coordination with official security forces, engaging in kidnappings, assassinations, and other illicit methods to suppress the insurgency, the report added, noting that while the government was determined to eliminate the insurrection, it showed little concern for the legality of the methods used to achieve this objective.
“Evidence presented to the commission underscores the government’s failure to prevent extrajudicial killings and its active role in shielding those responsible. A striking example was revealed in the testimony of the then Inspector General of Police (IGP), who stated that a senior police officer—implicated in the murder of journalist Richard de Zoysa—was shielded from arrest due to interference by the then Deputy Minister of State Security. In another case, government funds were allegedly used to cover the legal expenses of three police officers indicted for the murder of lawyer Wijedasa Liyanarachchi”, the report’s Observation Notes highlighted.
“While the JVP’s violent actions led to the deaths of hundreds of politicians, police officers, and civilians, and severely disrupted essential services, the government’s response should have adhered to the rule of law. Instead, the state resorted to counterterrorism through terror, with ruling party politicians at times directing police operations and actively participating in crackdowns. The infamous Batalanda torture camp stands as a grim symbol of these excesses”, it added.
The commission strongly condemned the government’s approach, stating:
“No matter the extent of provocation by the JVP, the government should never have sanctioned or directed extrajudicial actions in response. The attempt to suppress terrorism with state terrorism resulted not only in the elimination of actual insurgents but also in the deaths of many innocent young people who had no involvement in illegal activities.”
Key Recommendations of the Commission
The Batalanda Commission made several recommendations to prevent such atrocities in the future and ensure that law enforcement operates within legal frameworks. Among them are;
Legislative Reforms: The commission proposed the formulation of a Code of Conduct for politicians regarding their role in law enforcement during emergencies. It also recommended amendments to the Constitution and other laws to reinforce accountability.
Judicial Oversight: Magistrates should be given investigative powers to examine reports of illegal detention centers and human rights abuses, ensuring cases are referred to the Attorney General for prosecution.
Accountability for Law Enforcement: The Inspector General of Police (IGP) was urged to conduct full investigations into police officers implicated in crimes such as abduction, murder, and unlawful detention and take necessary disciplinary action.
Enhanced Judicial Powers: The Supreme Court should be empowered with additional jurisdiction to impose appropriate penalties in the form of “deprivation of civil rights” on individuals who are found to have repeatedly violated the fundamental rights of citizens, ensuring that impunity does not continue.