A/HRC/30/61
64.
In its interim report, the Commission recommended further investigation of a
number of cases. Significantly, it highlighted 10 cases in which it had identified by name or
rank members of the security forces responsible for abductions or disappearances; the status
of any further investigation is, however, unknown.
B.
Emblematic cases
65.
A Committee appointed by the new Government to re-investigate the death of 27
prisoners during a security operation to control a riot at Welikada prison in November 2012
(see A/HRC/25/23, para. 24) found that a number of those killed or injured had not been
involved in the riot, and recommended further criminal investigation and compensation.
66.
In the case of the killing of protestors by army personnel at Weliwerya in August
2013 (see A/HRC/25/23, para. 23), an investigation conducted by the Human Rights
Commission of Sri Lanka concluded in a report published in 2015 that the deaths of three
people, the injury of 36, and the destruction of property indicated the security forces had
used excessive force. It also noted the presence of senior officers at the scene, which
suggested that the shooting could not have taken place without orders.
67.
In a noteworthy development, on 25 June, the Colombo High Court found a former
army staff sergeant guilty of the murder of eight Tamil civilians at Mirusuvil, Jaffna
District, in 2000; four others charged were acquitted. This is a rare case of a conflict-related
violation being successfully prosecuted, and a reminder of the many other such cases have
stalled or are pending at various stages of proceedings. While welcome,6 the case highlights
the systemic problems of delays in the Sri Lankan judicial system.
68.
With regard to the killing of five students at Trincomalee beachfront in January 2006
and of 17 humanitarian workers of the non-governmental organization Action Contre la
Faim in Muttur in August 2006, the Government reported having intensified its
investigations, but highlighted the difficulties involved in summoning or interviewing
potential witnesses now living abroad.7 These cases highlight the unfortunate lack of
confidence that witnesses have in the State’s domestic process and the absence of witness
protection.
69.
During the first weeks in office of the new Government, some ministers made public
statements about reopening investigations into other prominent cases of human rights
violations. In March 2015, three navy personnel and a former police officer were arrested
and are on remand in relation to the killing of Nadarajah Raviraj, a Member of Parliament
for the Tamil National Alliance, in November 2006, while a fourth suspect is being sought
abroad.
70.
In August 2015, police announced that they had arrested several military personnel,
including two lieutenant colonels, and two former LTTE cadres in relation to the
disappearance of journalist and cartoonist Prageeth Eknaligoda. 8According to State media,
6
7
8
The High Commissioner points out his opposition to the death penalty handed down in the case, and
the current status of Sri Lanka as a de facto abolitionist State.
According to the Government, in the case of Action Contre la Faim, the Criminal Investigation
Department has recorded statements of 18 military personnel since January 2015 and a further 22 are
to be interviewed. The Department wishes to interview two key witnesses believed to be living in
France. In the Trincomalee case, the prosecution has presented the depositions of 25 witnesses, while
eight other witnesses are being sought from overseas. The next hearing in the case is scheduled for 7
December 2015.
“CID arrests four Army officers”, Daily News, 25 August 2015.
13
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