A/HRC/37/23
35.
With regard to the disappearance of journalist Prageeth Eknaligoda in January 2010,
there has been no apparent progress in the case since the release on bail of all 13 suspects
on different dates in 2016. The next court hearing is set for 6 February 2018.
36.
The appeal against the acquittal of all accused in connection with the Killiveddy (or
Kumarappuram) massacre of 23 Tamil civilians by soldiers in 1996 was ongoing as of
December 2017. The Court of Appeal is to receive the objections of the respondents on 14
March 2018.
37.
The killing of journalist Lasantha Wickrematunge in January 2009 has remained
under investigation. After the suicide and posthumously discovered confession of an
alleged perpetrator in 2016, a second post-mortem report (August 2017), following the
exhumation of Lasantha Wickrematunge’s body in August 2016, contradicted previous
findings on the cause of death. All suspects remanded in this case have been freed on bail.
On 18 January 2018, the police Criminal Investigation Department told the magistrate that
their investigation had uncovered an alleged attempt by members of other police services to
destroy evidence. Further inquiry is scheduled for 15 March.
38.
On 28 August 2017, several Latin American human rights groups, coordinated by an
international non-governmental organization, filed criminal complaints in Brazil and
Colombia, under the universal jurisdiction doctrine, against the then Ambassador of Sri
Lanka to countries in the region, retired Army General Jagath Jayasuriya, for war crimes
and crimes against humanity allegedly committed in the final phase of the civil war, in
2009. The ambassador completed his tenure in the region and returned to Sri Lanka on 30
August.
39.
An overall trait of the Sri Lankan justice system is the perceived double standards in
the administration of justice with regard to treatment of State officials or security personnel
accused in criminal proceedings. A case not related to human rights violations but that
illustrates the contradictions of the criminal justice system is the conviction, on 7
September 2017, of a former presidential secretary and a former director general of the
Telecommunications Regulatory Commission in a corruption case. Within hours of their
entry into prison, both convicted officials had been relocated to the prison hospital,
reportedly for health reasons. Ordinary convicts often complain of the difficulties they
encounter in receiving medical treatment in prison, even for easily verifiable or urgent
problems such as infections. On 20 September, the two convicts were released on bail
“under exceptional circumstances” by a Colombo High Court judge, after having served
only 13 days of their 3-year prison term. This is exceptional in a system where suspects are
often held on remand awaiting trial for up to 10 years (and even longer in cases under the
Prevention of Terrorism Act).
40.
As mentioned in the previous reports of the High Commissioner, the failure to show
major progress in these emblematic cases strengthens the argument for the establishment of
a specialized court to deal with the most serious crimes committed by State actors in the
context of conflict, including gross violations of human rights and other crimes under
international criminal and humanitarian law, staffed by specialized personnel and supported
by international practitioners. In October 2017, the Special Rapporteur on truth, justice,
reparation and guarantees of non-recurrence commented that the case against a Sri Lankan
general filed in Brazil would likely be “the tip of the iceberg”, and that many similar cases
could emerge in the absence of a credible domestic solution to the problem of impunity for
serious human rights violations. The High Commissioner agrees with this assessment and
insists on the need for such an accountability mechanism to be promptly operationalized.
For this mechanism to be credible and trusted by victims, it would require a substantial
degree of external support. In the absence of such a mechanism, OHCHR calls on Member
States to exercise universal jurisdiction when required.
IV. Other human rights issues
41.
While the situation of human rights in Sri Lanka has improved overall since January
2015, there have been fewer signs of progress since the previous report of the High
Commissioner. Several incidents targeting religious minorities, slow government reaction
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