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CID report reveals 69 prisoners have been freed without official clearance
View(s):By Tharushi Weerasinghe and Dilushi Wijesinghe
A Criminal Investigation Department report has revealed that 69 prisoners who were not officially approved for release have been freed under the presidential pardon since December last year.
The report was presented to court this week as part of an investigation into an unapproved presidential pardon granted to an inmate at the Anuradhapura Prison to mark Vesak.
According to the report, 57 inmates were released from 29 prisons on December 25 last year and 11 inmates were released from 28 prisons on February 4 this year without official clearance. The special pardons were granted in view of Christmas and Independence Day celebrations.
Making representations to court on behalf of the CID, Senior Deputy Solicitor General Dileepa Peiris said a complaint dated June 6, 2025, from the Senior Additional Secretary to the President, K. Prasanna Wandith, to the Director of the Criminal Investigation Department prompted an investigation under the directives of the IGP, the Senior DIG, and the Attorney General.
According to statements recorded during the inquiry, requests for the release of inmates under Article 34 of the Constitution are initiated by the Commissioner General of Prisons and accompanied by recommendations from the Minister of Justice and National Integration.
These are submitted to the Secretary to the President, and if the conditions are met, approval is granted for release under the Presidential Special General Amnesty.
Ahead of Vesak Poya on May 12, 2025, a request was submitted on April 28 to release 338 inmates. Approval was granted by the Senior Additional Secretary to the President on May 9. The request sought releases under four categories: a seven-day remission for inmates who had served at least one year; full remission for those held due to unpaid fines; release of inmates over 65 who had served half their sentence; and remission for those sentenced to 30 years or more who had completed at least 20 years.
The Ministry of Justice had specified that inmates convicted under certain serious offences were not to be included. The Commissioner General of Prisons was required to submit a detailed report on each inmate, including offence, sentencing, prison number, and case number. Only those included in the President-approved list were to be released.
However, the investigation revealed that inmates not on the approved list were fraudulently recorded as amnesty recipients and released. One such case involved Atula Tilakaratna from Anuradhapura Prison. A fabricated letter, dated June 6, 2025, was sent to the Ministry of Justice, falsely claiming that he had been released under presidential amnesty. Prisons Superintendent M.S. Mohan Karunaratne was arrested and remanded in connection with the release. A second unapproved release from the same prison is also under investigation.
Commissioner of Prisons and former media spokesman Gamini Dissanayake, addressing the media during the early stages of the controversy, said that only inmates approved by the President should have been released under the general amnesty. He said this instruction was communicated to all prison superintendents through Directive No. K06/01/05-12/2025. He also said proper procedures and instructions were followed. He has since resigned from his post to ensure the independence of the ongoing investigation.
However, the Ministry of Justice has consistently rejected this claim. “Mr Thilakaratna’s name was not on the official pardon list approved by the President or the list sent to the Ministry to be forwarded to the President for approval,” Justice Minister Harshana Nanayakkara told the Sunday Times yesterday. He also said there was little oversight from the President’s office or the Ministry of Justice and held that “more material will come out” following the CID investigation.
He also added that an internal investigation was underway to identify lapses in the process. But the continued abuse of the presidential pardon is expediting measures by the ministry to ensure that supporting circulars and instructions are disseminated to the relevant authorities.
A Supreme Court ruling given on the presidential pardon granted to the Royal Park murderer also stated that a “clear, consistent formula” was pertinent to the use of amnesty given under Article 34 of the Constitution.
“A committee was appointed about one and a half months ago to review all types of sentencing and remission to adhere to this ruling by the court,” the minister said. The report from this committee will form the basis of a subsequent policy in this regard.
| It was all due to a procedural error, says lawyer Athula Thilakarathne, who is facing several serious criminal charges, was released from custody in what his lawyer, Suranga Mohotti, claims was a “procedural error”, though it was officially presented as a presidential pardon. “He was charged in eight cases, including one for forgery and seven for criminal breach of trust and fraud. One case has been concluded, but six are still ongoing,” Mr Mohotti said. He maintained that the release was not a valid pardon but the result of a failure in procedure. “Athula was released due to a procedural error. This should never happen to anyone, regardless of the circumstances.” Mr Mohotti also criticised the narrative surrounding his client. “He’s been unfairly labelled a fraudster. I don’t believe the courts will support him in future hearings. And contrary to media reports, Athula was never in hiding—it’s a serious injustice how he’s been portrayed.” He raised concerns about a wider pattern of questionable prison releases. “We’ve seen similar releases from Anuradhapura, Polonnaruwa, Negombo, and Wariyapola. People like that should not be receiving general amnesty,” he said. Mr Mohotti said that further legal steps could follow. “If documents submitted to the High Court regarding Anuradhapura Prison are found to be fraudulent, the Attorney General’s Department could refer the matter to the Supreme Court.” He added that a separate case could be filed if any evidence surfaces of Athula bribing prison staff—“which he did not do”. The former Prisons Commissioner General Thushara Upuldeniya was also further remanded until June 25 as part of the ongoing investigations into his role in the matter. | |
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