behaved with hostility and entered State buildings and damaged property. The Commission
observed that the above mentioned precautionary measure was a reasonable one.
The students claim they remained seated after refusing to meet another Ministry official; the
respondents claim they made announcements using a loudspeaker, asking the crowd to disperse.
However, these two claims cannot be confirmed from the facts stated by both parties and the
photos and video footage presented to the Commission.
It can be observed that the students were climbing on the barricades to display their banners and
trying to demolish the fences used as barriers, as was claimed by the Respondents.
Water cannons were deployed at that moment to disperse the crowd; students linked arms to
stand firm in their position. Tear gas was used as a result in an attempt to disperse the protestors,
as can be seen in the video recording.
Video footage shows that soon after firing tear gas at the crowd, there were indications that the
crowd was dispersing. However, due to the use of the tear gas some students had fallen on the
ground. This can be confirmed from the photos and videos presented to the Commission.
According to the videos and photos presented as evidence and published in the media, the police
attacked the students already weakened by tear gas. The police attacked the students who were
running away using batons and wooden poles from the back, as well as those who were lying
down on the ground. This can be observed from the photos published by newspapers and those
presented by the Complainants to the Commission.
The videos recordings showed police officers attacking the upper backs, backs of the head and
shoulders and other body parts of the students.
It can be observed that the police officers had neither basic training nor the knowledge of the
regulations pertaining to the managing of a public gathering.
6.3 Arrest of the HNDA Students
In relation to this matter, 39 students were arrested and kept in custody at the Bambalapitiya,
Cinnamon Gardens, Wellawatta, Kirulupona, Kollupitiya, Narahenpita police stations. On
2015/10/30, they were produced before the Colombo Magistrate courts under the case no. B
40933/1/15 and granted bail.
The B reports indicate that the arrests of the 39 students were made under Sections 32 read
together with 140, 153, 14, 316 of the Penal Code and Section 59(1) of the National
Thoroughfares Act No. 40 of 2008.
The Complainants stated that the police did not inform them of the reasons for their arrests. The
HRC finds that there is not enough evidence to conclude whether the complainants were
informed of the reason for their arrest.
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