A/HRC/40/23
D.
Emblematic cases of human rights violations
38.
The criminal justice system has yet to demonstrate its capacity or willingness to
address complex emblematic cases. This in turn raises questions about the capacity and will
of the State to address impunity for serious violations of international humanitarian law and
for gross violations and abuses of international human rights law, and has a negative impact
on peoples’ trust in the justice system. The status of emblematic cases described below,
including worrying instances of political interference in the judicial or investigative process,
demonstrate the very limited progress made towards achieving accountability in Sri Lanka.
39.
Developments have been witnessed in the investigations into 11 cases of
disappearances reported in 2008 and 2009 in Colombo, for which navy intelligence officers
were suspected. Six navy officers originally arrested in 2017 were granted bail on 9 January
2018. Several other arrests were made in 2018. A key suspect, a former navy lieutenant
commander who had absconded, was arrested on 13 August, and the police informed the
court that he had been in hiding with the alleged support of the Armed Forces Chief of
Defence Staff, Admiral Ravindra Wijegunaratne. On 9 January, the court remanded two key
suspects until 23 January 2019 and scheduled the main inquiry for 27 March 2019.
Meanwhile, on 25 November, the Chief of Defence Staff and other officers reportedly
threatened a key witness. On 28 November, the Chief of Defence Staff was arrested and
remanded in connection to aiding a fugitive and attempts to intimidate witnesses. He was
released on bail on 5 December. Further inquiries were scheduled for 16 January 2019. In a
related case, a navy officer was arrested on 24 October 2018 in connection with the
disappearance of two people in Kotahena in 2009.
40.
The death of 27 inmates during a security operation to control a riot at Welikada prison
in November 2012 (A/HRC/25/23, para. 24) remains unaddressed. On 28 March 2018, a
Narcotics Bureau inspector and a former Prisons Commissioner were arrested in connection
with the deaths. On 25 September, the inspector was released on bail and reinstated to his
position in the police on 22 November. The former Prisons Commissioner was remanded
until 22 January 2019.
41.
With regard to the killing of protestors by army personnel at Weliwerya in August
2013, no progress has been made since the release on bail, on 31 August 2017, of a brigadier
general and a sergeant arrested in connection with the case. Three other officers remain on
remand. On 10 October 2018, the police informed the court that they had forwarded the
investigation file to the Office of the Attorney-General.
42.
The killing of five students in Trincomalee in January 2006, and of 17 humanitarian
workers of the non-governmental organization Action contre la faim, in Muttur in August
2006, remain unpunished. No further effort to address those cases was recorded in 2018. The
investigation into the latter case has been put on hold pending a report of the Government
Analyst on the firearms used and instructions from the Attorney-General. The progress made
in the investigation is to be reported to the court on 4 March 2019.
43.
The murder in 2006 of Nadarajah Raviraj, a member of parliament, also remains
unpunished. The appeal against the acquittal of five defendants in December 2016 remained
pending before the Court of Appeal, with little progress made in 2017 and 2018. The appeal
is scheduled to be heard on 10 January 2019.
44.
With regard to the disappearance in January 2010 of journalist Prageeth Eknaligoda,
an army intelligence officer, Lieutenant Colonel Arantha Peiris, was arrested by the Criminal
Investigation Division on 20 September 2018; however, 13 other suspects were released on
bail in 2016. Reportedly, the ongoing police investigation has been delayed owing to lack of
cooperation by the army in sharing relevant information. The police are due to report to court
on the ongoing investigation on 10 January 2019. On 8 August 2018, Buddhist monk and
Secretary-General of the Sinhala nationalist movement Bodu Bala Sena, Galagoda Aththe
Gnanasara, was sentenced to six years of imprisonment after being found guilty of contempt
of court owing to his conduct during a hearing in 2016 regarding the disappearance of Mr.
Eknaligoda, when he had stormed into the courtroom and threatened the wife of the journalist.
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