A/HRC/40/23 45. The killing of journalist Lasantha Wickrematunge, in January 2009, remains under investigation, although all suspects have been released on bail. The police last reported on the progress made in the investigation to the court in September 2018, and were due to provide the next update on 17 January 2019. 46. With regard to the Killiveddy (or Kumarapuram) massacre of 23 Tamil civilians by army soldiers in 1996, the appeal against the acquittal, in July 2016, of all the accused is ongoing and is scheduled to be taken up for argument on 23 January 2019. 47. On 18 November 2018, in the midst of the political crisis, the officer in charge of the Organized Crime Investigation Unit of the Criminal Investigation Department of the police, Inspector Nishantha Silva, was transferred by order of the Inspector General of the Police, reportedly on “service requirements”. Inspector Silva is the lead investigator in a number of emblematic cases where some progress has been made, such as the murder of Lasantha Wickramatunge, the disappearance of Prageeth Eknaligoda, the abduction of journalist Keith Noyahr, the murder of rugby player Wasim Thajudeen and the 11 enforced disappearances attributed to navy intelligence. His transfer at that particular time was perceived as an attempt to prevent further progress in investigations, leading to outcry from victims and other stakeholders, and an appeal to the National Police Commission. Inspector Silva was reinstated on 20 November. 48. No developments were reported in 2018 with regard to the case filed in 2017 by several human rights groups in Brazil and Colombia, under universal jurisdiction principles, against retired Army General Jagath Jayasuriya. Regarding a different case, on 1 August 2018, prosecutors in Germany applying universal jurisdiction announced that charges of war crimes and of membership in a terrorist organization were being brought against a Sri Lankan national, and former militant of the Liberation Tigers of Tamil Eelam (LTTE), currently living in Germany. 49. Concerns therefore remain regarding the State’s capacity and willingness to prosecute and punish perpetrators of serious crimes when they are linked to security forces or other positions of power. The advances that were made – in the form of arrests or new investigations – were possible thanks to the persistence and commitment of individual investigators despite political interference, patronage networks and a generally dysfunctional criminal justice system. The advances made were, however, often stymied or reversed by political interventions, as demonstrated by the above-mentioned case of the Chief of Defence Staff and the attempted transfer of Inspector Silva. 50. The regular criminal justice system in Sri Lanka continues to suffer from serious structural weaknesses, which are reflected in lengthy delays in investigations and in judicial processes in general, also characterized by long periods of detention on remand and a bail system that is applied inconsistently and in a discriminatory way. Consequently, while prisons are overcrowded with petty criminals (even minor drug possession charges, which are not subject to bail, can lead to pretrial detention), individuals charged with serious crimes, including enforced disappearances, are able to obtain bail. 51. The High Commissioner stresses that the risk of new violations increases when impunity for serious crimes continues unchecked. To date, Sri Lanka has failed to seize the opportunity provided by the Human Rights Council to establish a trustworthy domestic mechanism to address impunity or to show, by consistent progress in emblematic cases, that such a mechanism is not necessary. Some segments of civil society have continued to call for international investigations and for the Security Council to refer the situation in Sri Lanka to the International Criminal Court for international prosecutions and adjudication of those most responsible for these crimes. The High Commissioner once again encourages Member States to prosecute Sri Lankans suspected of crimes against humanity, war crimes or other gross violations of human rights, in accordance with universal jurisdiction principles. This is likely to address only a handful of cases, however, where alleged suspects happen to be in the territory of countries receptive to the application of universal jurisdiction. Alternatives, including some forms of international investigation and prosecution, are therefore needed to ensure that those most responsible for the most serious crimes are prosecuted. 10