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Fresh call to uncover Lanka mass grave secrets

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Gota stalled police probe into mass graves: Report

ECONOMYNEXT –Five civil society groups are calling for government action to investigate mass graves which they say contain the remains of so-called “disappeared” in various civil conflicts on the island.

In a press release issued on June 22, the groups insisted that “if the Sri Lankan government is serious about dealing with the past it must commit to have international observers at all exhumations of mass graves.”

The festering issue of the disappeared has not been addressed in any systematic way by successive governments despite frequent promises.The Office of Missing Persons (OMP) created by the Yahapalanaya government has proved to be a disappointment.

Brito Fernando of the Families of the Disappeared says that after three decades and twenty attempted exhumations, only a handful of bodies have ever been identified and returned to families.

“We all know tens of thousands of bodies lie in shallow graves all over the island, so we can’t describe this dismal rate of progress as bad luck – it’s a clear lack of political will,” he added.

The five organizations released a detailed report on the past investigations into mass graves. It meticulously reveals the government’s “systematic interference with investigations” a statement issued by the five organizations said.

A 30-minute documentary film, “In Plain Sight – Searching for Truth Behind Sri Lanka’s Mass Graves”, was also screened at the event, illustrating how long and hard the families of the disappeared have struggled for the truth. The documentary explores the connection between disappearances and mass graves in Sri Lanka by focusing on different narratives, including those of affected families and loved ones, the press release said.

Investigations into a mass grave found near the Matale hospital prompted the joint report. The remains exhumed at that location in 2013 are believed to be of the hundreds of people who went missing during the late 1980s.

“Matale was the scene of hundreds of disappearances in 1989 when the former President Gotabaya Rajapaksa was the district military coordinator of the area; he was later named as an alleged suspect by a Presidential Commission of Inquiry” the press release said.

It added that a group of UN experts “wrote to the Government of Sri Lanka this year to ask what it had done to investigate and hold Gotabaya Rajapaksa and other alleged perpetrators accountable but there was no reply.”

Yasmin Sooka, executive director of the International Truth and Justice Project in South Africa was quoted in the release as saying that this “shows that documenting the crimes, collecting the evidence and preserving it is just the first step – thirty years later we still find ourselves fighting for truth and justice; without which the guarantee of non-recurrence remains elusive.”

“Accountability is not an optional exercise – it’s essential for building a future for all Sri Lankans,” she added.

The report examines the way investigations throughout the island have been stymied whether the mass graves are in the south or the north and east.

Magistrates and forensic experts have been transferred abruptly, police have delayed carrying out judicial orders, families’ lawyers have been denied access to sites, no effort has been made to find living witnesses, no ante mortem data has been collected, the Attorney General’s Office has dropped the case, and, in the very rare instances where someone was convicted, they were then pardoned, the report alleged.Though a new inquest law and standard operating procedures have been drafted, they have not been made public, nor have the families been consulted.

“There is total lack of political will with regard to mass graves investigations and enforced disappearance in Sri Lanka,” said K.S. Ratnavale, executive director of the Centre for Human Rights and Development who has represented families in mass grave cases.

“Added to this, the Attorney General’s Department views such mass grave investigations as part of ordinary criminal proceedings and is hostile to victim families.

This was evident in the Mannar mass graves investigations. While in Matale the magistrate who held an impartial inquiry was transferred with immediate effect. Thus, political interference is rampant in order to protect the interests of the Sri Lankan military and their political masters,” he added.

In Mannar, 318 bodies (including 28 children) were exhumed in 2018. Among the objects that were recovered were metal bindings which had been used to tie legs together.In Matale, some of the skeletal remains reportedly had bullet holes, and others were found to have their hands tied behind their back. There too, objects were found that a forensic archaeologist dated to the late 1980s.

Nevertheless, the Department of Archaeology stated that the Mannar site was a normal cemetery and a Commission set up by then President Mahinda Rajapaksa concluded the Matale grave dated from the 1950s.

“We are good at burying in this country but not at unearthing the truth,” says Bashana Abeywardane of Journalists for Democracy in Sri Lanka which co-authored the report.

“We need to collect ante-mortem data from the families of the disappeared and meticulously locate the hundreds, if not thousands, of remaining mass graves with the help of international experts. Only then should excavations start” he added.



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Move to extend judges’ retirement ages could damage Sri Lanka’s global image, warns Prof. Peiris

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Prof.Peiris

Former Foreign Minister Prof. G. L. Peiris yesterday warned that any move by the government to extend the retirement age of superior court judges could have serious repercussions for Sri Lanka’s international standing, particularly ahead of the next session of the UN Human Rights Council (UNHRC), in Geneva, in September.

Addressing a media briefing, organised by the People’s United Opposition, at its Flower Road, Colombo office, Prof. Peiris claimed that attempts to interfere with the judiciary, through extensions of judges’ terms, would undermine the credibility of Sri Lanka’s courts and weaken the country’s position before the international community.

Prof. Peiris said there was widespread opposition to the proposal to extend the superior court judges’ tenure by two years, with lawyers’ organisations, academics and civil society groups expressing concerns over the move.

“There is no clarity whatsoever from the government’s side,” Prof. Peiris said, claiming that unlike in other countries where such proposals were subjected to lengthy public consultations, there had been no transparency regarding the government’s intentions.

He argued that if such extensions were granted to judges, similar privileges would have to be considered for other sectors, including the public service, university academics and medical specialists.

Prof. Peiris said the issue had gained greater significance due to Sri Lanka’s engagement with the UNHRC, which he described as having established a special investigative mechanism relating to the country.

He alleged that the politicisation of the judiciary would provide further grounds for international criticism against Sri Lanka, which was already facing scrutiny over alleged human rights issues.

“The next session of the UN Human Rights Council will be held in Geneva, in September,” Prof. Peiris said. “This issue will not only affect our country internally, but will also cause serious damage to Sri Lanka internationally.”

He claimed that Sri Lanka had previously defended itself against international interventions by highlighting the independence and reputation of its judicial system.

Referring to the country’s legal history, Prof. Peiris said Sri Lanka had possessed a judiciary respected globally, citing former Supreme Court Judge Dr. Christopher Weeramantry’s tenure as Vice-President of the International Court of Justice in The Hague as an example of international recognition of Sri Lankan judicial expertise.

He said that during his tenure as Foreign Minister, he had maintained that Sri Lanka’s own courts were capable of addressing domestic issues and that foreign intervention was unnecessary.

Prof. Peiris also referred to discussions he had held with Russian Foreign Minister Sergei Lavrov and Chinese Foreign Minister Wang Yi, claiming that both had supported Sri Lanka’s position that external interference in domestic matters should not be permitted.

However, he alleged that the current situation was different, claiming that the judiciary was being politicised through selective extensions of service while vacancies remained in the Supreme Court and Court of Appeal.

He questioned why judicial vacancies had not been filled if the government’s stated objective was to reduce delays in the administration of justice.

“The responsibility of filling these vacancies lies with the executive,” he said, adding that the failure to do so could affect the international reputation of Sri Lanka’s judiciary.

Prof. Peiris also claimed that the Bar Association of Sri Lanka had repeatedly called for the vacancies to be filled, warning that the present developments could have an adverse impact on the country’s standing internationally.

He questioned whether it was justified to place Sri Lanka in a difficult international position to serve, what he described as, “a narrow and partisan political objective.”

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Dengue surge infects 76,000, claims about 53 lives

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The total number of dengue cases reported in Sri Lanka so far this year has risen to 76,044, with health authorities warning the public to remain vigilant amid a continued surge in infections.

The National Dengue Control Unit (NDCU) said 2,652 dengue cases had been reported on Sunday (19) alone, while 162 Medical Officer of Health (MOH) divisions across the country continue to be classified as high-risk dengue zones.

The latest figures indicate a sharp rise in dengue infections during the past few months, with 8,590 cases recorded in May, followed by 21,537 cases in June. A further 20,666 cases have been reported during the first 19 days of July.

The dengue outbreak has claimed 53 lives so far this year, with the case fatality rate standing at 0.07%, according to the NDCU.

The Western Province remains the worst affected region, accounting for 40,009 cases, or 52.61% of the country’s total infections. The Southern Province has recorded 11,707 cases (15.40%), while the Central Province has reported 6,431 cases (8.46%).

At district level, Gampaha has recorded the highest number of dengue infections with 15,910 cases, followed closely by Colombo with 15,110 cases. Of the Colombo District cases, 3,073 were reported within the Colombo Municipal Council area.

Matara has recorded 5,330 cases, Kandy 5,111 cases and Kalutara 5,010 cases.

Health authorities have urged the public to take preventive measures by keeping their surroundings clean and eliminating mosquito breeding grounds, particularly amid prevailing rainy conditions.The public has also been advised to seek immediate medical attention if symptoms such as fever develop, as early medical intervention is essential in preventing severe complications from dengue.

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SC dismisses challenge to gender change procedures

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The Supreme Court yesterday dismissed, without taking up for consideration, a Fundamental Rights petition seeking to invalidate a circular that permits individuals in Sri Lanka to change their gender legally .

The petition had been filed by retired Sri Lanka Air Force (SLAF) Warrant Officer Shantha Jayathilake, who challenged the legality of procedures allowing individuals to alter their gender designation following medical and psychiatric assessments.

Former Presidents Maithripala Sirisena and Ranil Wickremesinghe, as well as incumbent President Anura Kumara Dissanayake, were among those named as respondents in the petition.

The petitioner alleged that successive governments, including the present administration, had facilitated gender changes through medical procedures in a manner contrary to Sri Lankan law.

Jayathilake contended that the law did not permit a person to change their sex from male to female or female to male through medical intervention in the absence of a biological basis. He further argued that individuals had been allowed to alter their gender identity on the recommendation of a psychiatrist, under guidelines issued in 2016 by the then Director General of Health Services.

The petitioner also claimed that authorities had been issuing revised birth certificates and National Identity Cards to persons who had undergone gender-transition procedures, maintaining that such actions were unlawful.

However, the Supreme Court declined to entertain the application and dismissed the petition without granting leave to proceed.

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