Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Also witness testimony and the court documents from the “11 schoolboy” naval disappearance
case in Colombo show a very large number of naval officials knew about the illegal detention
site in Trincomalee where more than 11 people disappeared.
Meanwhile, in February 2019 the former Navy Commander, Wasantha Karannagoda, who is
a suspect in this case, applied to the Supreme Court for an order to prevent his arrest on the
grounds that he was a “war hero.”12 The Supreme Court issued an order preventing the police
from arresting him.13 He has not been arrested since.
Furthermore the navy “11 Schoolboy case” court documents indicate the suspects from the
navy were threatening and trying to kill the chief CID police investigator in the case,
Nishantha de Silva, while they were in the prison hospital. This is problematic if the alleged
perpetrators of enforced disappearance are threatening the life of the investigating police
officer.
Moreover, a plaintiff in the civil case filed against Gotabaya Rajapaksa in California on 27
June 2019 alleged that police officer Nishantha de Silva had personally tortured him: on two
occasions . This does not bode well for witness protection or hopes of a domestic remedy
when this is the policeman handling all the emblematic cases:
http://www.itjpsl.com/assets/press/Rajapaksa-First-Amended-Complaint-Docket-No-356.26.19.pdf
Ongoing Abductions
The ITJP has documented 76 cases of torture between 2015-17 in Sri Lanka (and one case in
2018 and one in 2019) in which the vast majority of victims were abducted and detained
illegally without their families knowing where they were. Technically these are disappearance
cases though the victims have now been released on payment of a bribe. There has been no
instruction to stop this practice issued to the security services. There has been instead
widespread denial that it is still occurring.
In the interest of stemming that denial once and for all, we refer you to paragraph 56 of the
High Commissioner’s March 2019 report A/HRC/40/23 to the Human Rights Council.
12
13
https://twitter.com/azzamameen/status/1100009350771425280?lang=en
http://dbsjeyaraj.com/dbsj/archives/63139
https://menafn.com/1098172626/Karannagoda-files-FR-against-moves-to-arrest-him
http://www.adaderana.lk/news/53658/sc-issues-order-preventing-wasantha-karannagodas-arrest
Level of implementation and
observations (to be completed
by the WGEID)
A/HRC/42/40/Add.1
16
Recommendations
A/HRC/33/51/Add.2
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