• Outrage follows recent acquittal of Rathupaswala accused with the victims, activists & the civil society calling for accountability 

In a controversial decision, four Army personnel, including a Major General, were recently cleared of accusations stemming from the 2013 Weliweriya protests. This tragic event saw three unarmed protesters shot dead and 45 others injured during a demonstration where local villagers demanded access to clean drinking water. 

The acquittal has sparked widespread outrage and renewed calls for accountability, with victims, activists, and civil society groups decrying the acquittal as a result of the relevant authorities’ failure to properly file charges and submit pieces of evidence. Victims of the incident, many of whom still bear physical and emotional wounds, argue that letting culprits of such incidents go free may perpetuate a culture of impunity, where those in power can act without any fear of consequences. 

The controversial acquittal

On 1 August 2013, a group of Army personnel opened fire at unarmed villagers in Weliweriya, killing three and injuring several others as they protested against a factory that they claimed polluted their groundwater and demanded clean drinking water. The four accused in the case over the shooting to death of three persons and injuring 45 others during a protest by villagers demanding clean drinking water at Rathupaswala in 2013 were acquitted by the Gampaha High Court Trial-at-Bar. Delivering the verdict in the case, the Court ordered the acquittal and release of four Army personnel, including a Major General (then Brigadier) and three soldiers.

Victims speak out

When contacted by The Daily Morning, a resident of the Rathupaswala area who was injured in the incident expressed his displeasure over the lack of accountability. He said that the failure to hold anyone responsible for an incident that resulted in three deaths and numerous injuries highlights significant flaws within the country's legal system. This failure, he added, emboldens those he believes to be criminals and re-victimises the affected individuals. 

This incident is not something from the distant past; it happened in an era when technological tools such as televisions and mobile phones were widely available. Many people, both locally and internationally, witnessed the incident and observed the military's behaviour. In such a context, the inability to properly gather and file evidence regarding this incident can only be seen as gross negligence on the part of the relevant authorities." He also highlighted the ongoing distress and uncertainty faced by the victims, noting that they are currently deliberating on the next steps in their pursuit of justice. There is a growing momentum behind their cause, with support from both local and international parties, including media personnel and civil society activists, already being pledged. He expressed hope that this combined effort might finally bring about some measure of accountability and redress for the victims, ensuring that such an incident does not recur.

The struggle for clean water

Suresh Perera, who was the convenor of an environmental organisation that rallied people against the factory that caused water pollution in the Rathupaswala area, shared his views with The Daily Morning on the recent acquittal of the accused.

"As the former convenor of an organisation that actively fought against the issue of water pollution in Rathupaswala, I have a unique perspective on the events that unfolded, and the memories of our struggle remain vivid."

By 2013, he said that several parties including the said organisation and residents of the area had tirelessly informed all Government institutions, local politicians, and higher political authorities about the severity of the situation. "Despite our efforts, no action was taken. This lack of response compelled us to gather at a house near the factory, initiating a peaceful protest to urge the Government to resolve the issue. At that time, the largest share in the factory was owned by a person connected to the then Government, who is now a Member of Parliament." 

Determined to seek justice to their issue, he said that they organised and initiated peaceful action by way of a protest. Contrary to some claims, he said that they never threatened the safety of the factory. "The factory's operations resulted in the pollution of water in 29 Grama Niladhari (GN) Divisions, affecting thousands of lives. In response, we gathered near the factory and commenced a protest. At noon, we were summoned for a discussion with the then Defence Ministry Secretary, Gotabaya Rajapaksa, who sent a bus for us to travel in. About 25 of us went, but the protest went on as the discussion was not successful."

A leader's perspective

"Our protest saw the participation of over 5,000 people, united in their demand for clean water. However, the situation took a dark turn when the Army, instead of facilitating a resolution, provoked the crowd, creating chaos and opening fire. Shots were fired and roads were blocked, so the people could not escape. Ultimately, the accused were cleared of any charges. This outcome has left us disillusioned. The Attorney General's (AG) Department must appeal this decision to the Supreme Court (SC). If those suspects are not responsible, the true culprits must be identified and held accountable. If it cannot be done, we have to think twice if we should live in this country to get shot at at any given time," Perera added.

An appeal to the SC

In the wake of calls for justice to the victims of the Rathupaswala incident, the Young Journalists’ Association of Sri Lanka (YJASL) recently requested the AG to appeal to the SC against the Trial-at-Bar verdict. In a letter addressed to the AG, President’s Counsel Sanjay Rajaratnam, the YJASL stated that they had complained to the then Inspector General of Police N.K. Ilangakoon, requesting to transfer the investigation from the Colombo Crimes Division (CCD) to the Criminal Investigations Department (CID) as the CCD was purportedly concealing significant evidence at that time. 

The YJASL observed further that the CID investigations revealed many important facts, such as the arrival of the Army team led by the then Brigadier Aruna Deshapriya Gunawardena to the place where the peaceful protest was held, then asking the peaceful protestors to disperse in a few minutes, and thereafter assaulting and shooting on the order of the Brigadier. It is mentioned in the letter that a number of pieces of evidence in relation to assaulting and shooting at the public, including Catholic priests, were discovered during the investigation carried out by the CID, claiming that the preliminary inquiry of the Army had also recorded that Brigadier Gunawardena did not issue any gunfire control command while the soldiers were shooting at the protestors for a lengthy period.

The role of the AG's Dept.

Speaking further to The Daily Morning, the YJASL President, journalist Tharindu Iranga Jayawardhana said that they have visited the Rathupaswala area over 200 times since the incident took place. "The battle of Rathupaswala is not a lost battle, but a testament to the power of the people. The reason for this is that the people fought relentlessly until the accused factory was evacuated. In the end, the factory had to be relocated, and the injured received compensation."

He also charged that repression was at its peak in Rathupaswala. "The security forces forcibly took people to undisclosed locations, filed false cases, even on the charges of destroying papaya trees. More than 50 cases were filed against the villagers, but ultimately, none of those accusations could be proven. Therefore, this struggle stands as a victorious and peaceful one."

As an organisation that has been involved in this issue since 2013, Jayawardhana said that the YJASL requested the AG to appeal against the recent Court order. The Army came, shot at, and attacked the peaceful, unarmed locals, killed three people, and injured many others. Therefore, the AG must appeal to the SC. If not, the role of the AG should be questioned both nationally and internationally."

Political exploitation & silence

Another resident of the area voiced her frustration, emphasising that political parties must involve themselves in the matter to ensure that the victims receive justice without further delay. She pointed out that several political parties and groups have exploited the Rathupaswala incident in their political campaigns during various elections, yet none have taken a definitive stand against the injustice faced by the local community.

"We have seen political parties using this tragic incident as a talking point to garner votes. Where are they now? None of them have come forward to speak out against the injustice caused to us. We would like to ask these political parties, who benefited from our suffering during elections, whether their policy is to allow people to be shot at on the streets? Do they stand with the people, or do they shield the culprits responsible for this brutality?" She also called for a deeper introspection among the politicians representing the region. "The politicians who represent this area need to ask themselves if they should not stand up with us. Are they here to only protect their constituents and turn a blind eye when their people are in danger? Their silence is a message that our lives and our quest for justice are not their priorities."

Attempts to contact the AG's Department proved futile.