A/HRC/34/20
(in a Tamil majority area) to the Anuradhapura High Court (a Sinhalese majority area). In
November 2016, the Attorney-General made an application to the Court of Appeal against
the decision of the Anuradhapura High Court. The appeal is scheduled to be heard in
September 2017.
39.
The investigation into the killing of the journalist Lasantha Wickrematunge in
January 2009 witnessed a strange turn of events on 14 October 2016, when a retired
military officer committed suicide, leaving a note in which he claimed responsibility for the
crime. The note effectively exonerated another military intelligence officer who has been
held on remand since July 2016 in connection with the killing. In September 2016, the
remains of Mr. Wickrematunge were exhumed for another autopsy. The case remains under
investigation.
40.
Little progress has been made with regard to the preservation of evidence and the
investigation into the mass graves discovered in different parts of the country in recent
years. Obstacles are constantly encountered, largely caused by the limited forensic capacity
available and the need for greater international technical assistance. The Office of Missing
Persons, once operational, should explore best practices in this field of work; the capacities
of police and the judiciary should also be increased.
41.
The lack of decisive progress in the above-mentioned emblematic cases reflects a
lack of capacity or willingness of the State to prosecute and punish perpetrators of serious
offences when they are linked to security forces. In some cases, lack of progress might be
attributed to the complex and cumbersome nature of investigations. Nevertheless, the
general and consistent absence of progress conveys the impression of a lack of will to
effectively investigate, prosecute and punish serious crimes. Some of the cases feature
aspects – such as the change of court of jurisdiction, a special jury, or bail – that are not
usually applied to ordinary crime proceedings and therefore suggest some form of special
treatment or lack of impartiality.
42.
The failure to show progress in the above-mentioned cases only strengthens the case
for the establishment of a specialized court to deal with system crimes, staffed by
specialized personnel and supported by international practitioners, as recommended by the
Consultation Task Force in its final report. In the view of the High Commissioner,
international participation in accountability mechanisms remains a necessary guarantee for
the independence, credibility and impartiality of the process and an integral part of the
commitments of the Government under Human Rights Council resolution 30/1.
IV. Preconditions for transitional justice and confidence-building
measures
43.
Significant challenges remain in the establishment of effective and trustworthy
transitional justice processes and mechanisms in Sri Lanka. In previous reports, the High
Commissioner highlighted the fact that the trust of victims and society can only be
strengthened by addressing grievances with respect to victim protection, militarization, land
occupation and security legislation.
44.
Concerns persist with regard to the protection of victims and witnesses, particularly
in the context of transitional justice processes. The shortcomings in the Assistance to and
Protection of Victims of Crime and Witnesses Act of 2015, highlighted by the High
Commissioner,14 remain to be addressed. The Victim and Witness Protection Authority,
14
10
See for example A/HRC/27/CRP.2, para. 25.
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