• 107 personnel from tri-forces including 80 from Army, 15 from Navy, and 12 from Air Force arrested: Defence Ministry 
• Police detain 455 from Army Military Police, 48 from Navy Military Police, and 69 from Air Force Military Police
• Tri-forces directed by Defence Secy. to carry out thorough audit of weapons with each of the forces

In an effort to address the growing issue of desertion within the Sri Lankan military, the tri-forces, comprising the Army, Navy, and Air Force, have arrested over 600 deserters in a nationwide operation. 

The crackdown began on 22 February to maintain discipline and address the potential risks posed by individuals who have abandoned their posts.

Speaking to The Sunday Morning, Ministry of Defence Spokesperson Col. Nalin Herath provided insight into the ongoing efforts on behalf of Ministry of Defence Secretary Air Vice Marshal (Retd) Sampath Thuyacontha, revealing details about the arrests, the challenges of tracking deserters, and the broader implications for national security.

He shared that the operation had thus far resulted in the arrest of 107 personnel from the tri-forces, including 80 from the Army, 15 from the Navy, and 12 from the Air Force. 

Additionally, the Police had also detained 455 personnel from the Army Military Police, 48 from the Navy Military Police, and 69 from the Air Force Military Police, bringing the total number of arrests to over 679 as of 6 March.

Desertion as a crime

Desertion is a serious offence within the military and Herath explained the legal framework governing such cases. Absenteeism without leave for up to 21 days is classified as being Absent Without Leave (AWOL). However, beyond 21 days, individuals are categorised as deserters, a more severe offence that carries significant consequences, according to Herath.

Article 148 of the Sri Lanka Army Act specifies that if a soldier is absent from duty exceeding a period of 21 days, a court of inquiry may be assembled, and on the declaration of the court, the soldier can be court-martialled for desertion. 

The Army Act outlines specific provisions addressing desertion and being AWOL among military personnel. Section 103 defines desertion as an offence where a person subject to military law deserts or attempts to desert the Army, or persuades another to do so. Conviction by a court-martial for desertion can result in cashiering for officers or imprisonment for soldiers, with the severity depending on whether the offence occurred during active service.

Section 106 addresses AWOL, stating that any person subject to military law who absents themselves without leave is guilty of a military offence. The act also details procedures for handling such cases: Section 149 covers confessions of desertion or fraudulent enlistment and Section 150 authorises the arrest of deserters and absentees without leave, allowing Police officers or others to apprehend suspected individuals and present them before a magistrate’s court.

The challenge of tracking deserters

One of the most significant challenges in addressing desertion is tracking down individuals who have gone off the radar. Many deserters blend into civilian life, making it difficult for authorities to locate them.

A concerning aspect of desertion is the potential link between deserters and organised crime.

“We have identified certain individuals linked to organised crime but it’s not a very large number,” Herath said. While most of these individuals are believed to be within the country, Herath declined to provide specific details about their locations, citing operational sensitivities.

Police Spokesperson SSP Buddhika Manatunga explained that although the arrests were made by the Police, such arrests could not be made without a warrant issued by the Army, Navy, or Air Force in compliance with the Army Act. 

“Once we have a warrant, we proceed to arrest the deserters. This is simply for the act of deserting the Army, because procedures are in place for that. If they have committed a crime, this process need not be followed. If they have committed crimes, the Police have powers to arrest them even without a warrant,” he said.

Minister of Public Security Ananda Wijepala, when asked if the arrested Army deserters would be produced before courts, explained that circumstances may differ. 

In instances where a deserter has been arrested on charges of committing a crime, they will be produced before a magistrate. However, if an individual has been arrested for deserting the Army, then such individuals will be handed over to the Army for them to be court-martialled in accordance with the Army Act.

“These are activities that fall under the purview of the Ministry of Defence, and we only facilitate the process of arrests and conduct investigations where necessary,” the Minister added.

Missing weapons

The issue of missing weapons from military inventories has further complicated the situation.

Herath revealed that the Secretary of Defence had instructed the tri-force commanders to conduct a thorough audit of weapons to determine how many firearms were missing and whether any had been recovered in recent years.

“A special board has been appointed to investigate missing weapons. It is working on compiling its findings and recommendations,” he said. This audit is part of a broader effort to address the potential risks posed by deserters who may have access to military-grade weapons.

Herath also addressed the misconception that all illegal weapons in circulation originated from military camps. He clarified that while some weapons did go missing during the war and other subsequent events, most had been distributed by the Liberation Tigers of Tamil Eelam (LTTE) through its affiliated networks, ending up in the hands of underworld figures and drug traffickers.

“During the war, some weapons moved from the north to the south and fell into the hands of underworld groups and drug traffickers,” he explained. “It’s important to clarify that not all illegal weapons in circulation came from military camps. The public ought to be aware of this,” he added.

SSP Manatunga explained that the Police had been investigating the 73 weapons that had gone missing from an Army camp, after which 36 had been recovered. 

“Not all weapons that we recover from the underworld are likely to belong to the Army because the underworld has a way of erasing the serial numbers on the weapons. Therefore, we always investigate before determining where the weapon was acquired from and if the weapon was one of those missing from our inventories,” he said.

When asked if there were other instances of weapons going missing, he responded affirmatively. “We will have to determine the weapons that are now missing after an inquiry and an audit to know for certain how many are missing, but we suspect that a few have gone missing from our inventory,” he said.

Herath further confirmed that separate inventories were maintained for the tri-forces and the Police.

Rehabilitation and Reintegration

When questioned on the subject of rehabilitation, Deputy Minister of Defence Aruna Jayasekara said that a decision had yet to be taken regarding rehabilitation measures. 

“It is still an option we are exploring, but no firm decision has been taken. They are regarded as people who have been absent from the Army, so steps will be taken based on their actions within the laws and rules applicable to the Army. Decisions will be taken considering the gravity of their crimes and we will see how we can act on the situation based on the laws surrounding the Army,” he said.

Herath stressed that intelligence sharing and joint operations were key to addressing the issue effectively. “The Ministry of Defence works closely with the Public Security Ministry. Whenever it requests our assistance, we provide it,” he said. This collaborative approach ensures that resources and expertise are pooled to tackle the problem comprehensively.

Policy reforms to prevent future desertions

The current operation has also prompted discussions about policy reforms to prevent future desertions. Herath revealed that the Defence Secretary had instructed tri-force commanders to implement measures aimed at reducing absenteeism and improving the welfare of military personnel. 

“Measures include psychological support, welfare activities, and family counselling,” he said. These initiatives are designed to create a more supportive environment for military personnel, reducing the likelihood of desertion.

Similarly, addressing reforms, Deputy Minister Jayasekara said: “We will be taking into account the administrative flaws, look into their personal well-being, and improve those fronts. We will ensure they live in dignity and respect so that they may serve the Army with enthusiasm. 

“In this regard, we will be conducting more awareness and training for soldiers. If they are knowledgeable about the laws applicable to them and their dignified stature, there will be less desertions,” he asserted.