14 May 2013
A Sri Lankan soldier was acquitted by an all Sinhalese jury, after previously being sentenced to death for the killing of five Muslims, in Pulmoaddai, Trincomalee.
Gardiya Weligamage Indra Kirthi de Silva, from the Sinha regiment, was accused of killing the Muslims with a machine gun in May 1995. The soldier was charged with the killing of Abdul Javahir Kaiz, Umardeen Meera Sahidu, Mohideen Bava Aviva Umeema, Kachicha Mohamed Balkis Umeema and Kachichia Mohamed Payas.
He was sentenced to death on 26 October 2009 but his lawyers appealed the conviction. After hearing evidence, the jury decided that de Silva was not guilty of the killings.
An Amnesty International document, detailing extrajudicial killings in May 1995, reported the incident as follows:
Five Muslim civilians, including a 2-year-old child, a 10-year-old child, a 23-year-old woman, a 56-year-old man and a 70-year-old woman, were killed when members of the army stationed at Pulmoddai retaliated against local civilians on 6 May 1995. A local member of parliament alleges that the retaliation occurred several hours after an attack by the LTTE during the night on a sentry point at Arafath Nagar, Pulmoddai. In the LTTE attack, five soldiers had been killed. According to a statement issued by the operational headquarters of the Ministry of Defence in Colombo, quoted in the Island newspaper of 8 May 1995, four civilians had been "caught in crossfire".
However, according to Amnesty International's information, the army fired indiscriminately from their camp into the village killing four civilians and wounding several others. One of the wounded, the 10-year-old boy, later died of his injuries in hospital.
Reports of Extrajudicial Executions During May 1995
Amnesty International, Reports of Extrajudicial Executions During May 1995, 1 June 1995, ASA/37/10/95, available at: http://www.refworld.org/docid/3ae6a9a138.html [accessed 14 May 2013]
The attached document details reports received by Amnesty International that at least a dozen civilians have been extrajudicially executed in northeastern Sri Lanka during May 1995. Some of the killings apparently took place in reprisal for attacks by members of the Liberation Tigers of Tamil Eelam (LTTE) on members of the security forces after the LTTE on 18 April called an end to a truce in force in the area since January 1995. Other killings reportedly occurred during cordon-and-search operations when individual members of the security forces resorted to killing as an alternative to arrest. Members of the police, army, Special Task Force (a police commando unit) as well as Muslim Home Guards are reported to be responsible for the alleged extrajudicial executions. While appreciating the difficult security situation currently prevailing in the area, Amnesty International is calling upon the government to at all times and in all circumstances fulfill its obligations to protect fundamental human rights, particularly the right to life. Killings by the LTTE, however heinous, can never provide justification for government forces to deliberately kill defenceless people. Amnesty International is urging the government to initiate independent investigations into the incidents with a view to identifying and bringing to justice those responsible. Amnesty International believes that instituting independent and impartial investigations by setting up a commission of inquiry or similar procedure would give a clear signal to the security forces of the government’s commitment to human rights. And, foremost, it would impress upon members of the security forces that those among them who are responsible for human rights violations will invariably be brought to justice, a measure which in itself serves to prevent further killings.Disclaimer
Jury frees solider from death penalty
An Army soldier who was sentenced to death over charges of gunning down 5 Muslims including a child was found not guilty and acquitted by a jury at Anurdhapura High Court.
A seven member jury before the North Central Provincial High Court judge, Sunanda Kumara Ratnayake made the decision following a hearing of evidence.
Army solider of Sri Lanka Sinha Regiment (00737) Gardiya Weligamage Indra Kirthi de Silva a resident of 282/8, Walasbedda, Bandarawela was thus released.
The army soldier was charged under section 296 of the Penal Code for the murder of Abdul Javahir Kaiz(13), Umardeen Meera Sahidu(70), Mohideen Bava Aviva Umeema (65) Kachicha Mohamed Balkis Umeema (30) and Kachichia Mohamed Payas residents of division number 01 of Pulmoddai Police Division .They were allegedly shot to death by the suspect using a machine gun on May 6th or a closer date in 1995 . A case was filed against the suspect by the Attorney General at Anuradhapura High Court.
The case had been hearing for several years and the former High Court Judge Menaka Wijesundara sentenced the convict to death on October 26th,2009.
The convict appealed in a petition requesting for relief to the Court of Appeal in Colombo challenging the decision of the High Court Judge.
Accordingly, the Court of Appeal ordered the case to be heard before a jury at Anuradhapura High Court. The Jury following the hearing of evidence found him not guilty and acquitted on all charges.
After coming out of the court premises the army soldier happily stated that he did not commit the crime.
“From the day I received the death sentence I meditated following Buddhist teachings. I begged the Gods to free me as I was punished for crime which I did not commit. I had faith on them”, he said.
“From the day I received the death sentence I meditated following Buddhist teachings. I begged the Gods to free me as I was punished for crime which I did not commit. I had faith on them”, he said.
J.D Nilsuha Shaymali, A .M Nanda Kumari, Anula Kumari Ratnayake, Piaysenage Kumarasena, Malani Hewa Pathirana, Lakshan Dayasiri and Disanayake Weerasinghe were amongst the jury members, while State Counsel Agbo Panditharatne appeared on behalf of the aggrieved party and Attorney at Law Bharana Kubalathara appeared on behalf of the accused party.
