Easter Sunday attack on Sri Lankan Catholic churches: Intricacies and controversies

In the backdrop of these developments and the dysfunctional government, the extremist Islamists flourished and carried out their campaign effectively, successfully and undeterred – Pic by Shehan Gunasekara

Abstract

At a time when the Sri Lankan Supreme Court, comprising of seven judges, including the Chief Justice, unanimously delivered the landmark verdict on five personnel who were responsible for violating the Fundamental Rights of the devotees of the Christian faith, the writer believes it is appropriate to make an account of activities leading up to the Easter attack to refresh the minds of readers. To this effect, findings and significant events recorded on both, Parliamentary Select Committee (PSC) and Presidential Commission of Inquiry (PCoI) reports (ref: citations) available in the public domain and media reports are summarised. Hopefully and with optimism, this court case could be the Phase-1 of many in search of justice for the victims.

Preamble

Easter is considered as the main festival, the pinnacle of the Christian calendar, which signifies Jesus’ resurrection from the dead. Nevertheless, Easter is not commercially pronounced as Christmas festivities; Jesus’ resurrection and ascension to heaven is celebrated widely by the Christians worldwide not second to Christmas. This day is declared in the Catholic calendar as a day of obligation where Catholics flock to churches in large numbers to pray for the risen lord Jesus Christ.  

In this context, the Easter Sunday attack was specifically targeted to kill devotees of three main churches where the turnout numbers were significantly high, and a few hotels in Colombo, inflicting maximum carnage and allegedly to create disharmony, clashes between inter-ethnic and inter-religious groups and said to be leveraged for future political gains of a selected few.

Radicalisation

Radicalisation is defined as the process of adopting an extremist belief system paving the way to facilitate violence for a social change. Such a belief system carries extremely gruesome political, social or religious ideals and aspirations to achieve the goals.   

As outlined in the PCoI report Volume-1, the radicalisation has multiple forms where youngsters have been pushed to exclusivism, and groomed to be exclusivists. It was evident from the past few decades, the youths most vulnerable are from the Islamic faith compared to other religions. Islam has not evolved along with the current societal traditions as others, but further tightened the rules e.g. enforcing niqab for women and brought Wahhabism to a renewed existence and thus became a catalyst and platform fulfilling the extremist objectives and Zaharan’s influence. 

To bring into context, there was a long tradition for women to wear a veil while entering the Catholic churches and in this day and age such strict enforcement is not adhered to, although unforgotten.  

History of attacks and violence

The threats from exclusivism have been neither comprehended nor analysed, there was inaction by the authorities at the early stages where signs of exclusivism have been blossoming in Kattankudy, a township 4 kilometres to the south of Batticaloa. The landscape, as reported, has also been transformed to an Arabic township harvesting the fruits of Wahhabism in the livelihood of local Muslim communities.    

Although many countries have enacted prevention of terrorism with statutory powers for countering terrorism and violence which will seriously damage a country or an organisation or intimidating population, efforts of Sri Lanka for prevention of terrorism which again requires parliamentary approval to either extension of temporary provisions or reintroduction has been stalled due to international pressure. In such circumstances less emphasis has been given to terrorist acts despite noticeable development of the political power of minority parties had over major parties and secret deals. These unfortunate situations prevailed over the past many years have been the centre of forming governments at the expense of national security. 

Short history of events and dynamics prior to Easter Sunday attacks

February 2018, SLPP, the newly formed political party, had a resounding victory in the local government election capturing 231 out of 315 local authorities after the setback at the presidential election and strengthening its power. 

Installation of a new government under the new PM by then President unlawfully and unconstitutionally for 52 days.

The key persons of the Easter Sunday attack were in the state intelligence payroll prior to 2015 Yahapalanaya without proper surveillance on their backdrop activities

Between the period 2016 to 2019, Sri Lankan authorities failed to take adequate steps to counter the Islamic extremism, which was the critical phase leading up to IS (Islamic State) build up 

Widespread sporadic attacks on Muslims orchestrated by Bodu Bala Sena and retaliation by Muslim extremists.

27 August 2018, an exclusivist by the name of Rilwan was injured while experimenting with explosives in preparation of bombs to be used for Easter Sunday.

Reported negligence of extremist Islamic activities by Yahapalanaya under the guise of improving the human rights records that was in question aftermath of expunging LTTE. 

Patronage of government(s) to Bodu Bala Sena.  

Receipt Intelligence reports on planned attack on Christian churches and lukewarm action by State Intelligence apparatus.

Having irregular, unscheduled and ad-hoc Intelligence Coordinating meetings and restricting attendance and leaving out key government heads including PM, the State Minister of Defence, by then President.  

Alleged suspicious dealings of then President with Head of State Intelligence Service.

Evidence before PCoI

 PCoI has dedicated three chapters of Volume 1 to record its findings, presenting materials of interest and, interviewing and questioning various members who have been invited to testify and share their assessment lead up to the attacks. A summary of each chapter is provided below:

Chapter 12: Missed opportunities

Despite having strong intelligence reports of Zaharan’s activities, security agencies did not apprehend him and was seen as crucial omissions and gross negligence by the relevant security agencies. Also failed to arrest Army Mohideen and Rilwan. 

The new revelation of IS (Islamic State) activities by then Minister of Justice in the Parliament on 18 Nov 2016 was brushed under the carpet with the opposition of Muslim MPs in the government. Director State Intelligence Service (DSIS) also painted a cosy picture discrediting the claim of the Minister.

27 Nov 2017, Dr. Gunaratna had written to Ceylon Today giving a warning and to be vigilant of IS activities developing in the South Asia bloc and requested to build a rehabilitation program to counter the extremism and radicalisation. 

Knowledge of training camps conducted by Zaharan between March to April 2018 for a group of 20-26 people, notably at two locations Lewella and Nuwara-Eliya for several days in secrecy in guest houses and hotels. 

Failure to investigate the cause of injuries of Rilwan while experimenting with explosives in preparation of bombs to be used for Easter Sunday. Zaharan and his members concealed the truth of the cause and planned cover-up avoiding suspicion among medical fraternity. Furthermore, he was brought to Colombo for treatment with an involvement of a Muslim doctor and also stolen the head-note of Rilwan’s hospital bed which records suspicious medical findings that contradicts with patient’s version of events leading to injuries.

Deliberate omissions and failure of DSIS of sharing the information and reports received from external agencies namely Pakistan and India. DSIS has downgraded these reports as information and not intelligence without taking appropriate action to translate them to intelligence following the standard process called 5W1H.

Chapter 13: Early warnings

The reports and messages received from external agencies have been re-emphasised, also the negligence and failures of thwarting these attacks were also highlighted. The dilution of the report received from India and the subsequent lukewarm action of DSIS have been noted by DCoI as a major lapse that led to Easter Sunday attacks.  

In preparation of President’s visit to Batticaloa, when intelligence is sought from DSIS, it was declared as no threats and gave clearance. However, the report said Zaharan wants to kill the people who destroy Islam and identified as ‘kafirs’ and no reference to intelligence reports of Indian counterpart, DSIS considered as information has no insightful of intelligence.

In another development, nevertheless the views of the trio, DSIS, CNI and Secy/Defence differ, all three jointly agreed not to bring the intelligence report ICM (Intelligence Coordinating Meeting) that was planned for 9 April 2019, two weeks before the gruesome attack on churches. It appears that this is well discussed between them, and DCoI noted it was a serious lapse of CNI and not sharing the information. ICM is attended by Secy/Defence, DSIS, DMI heads of three armed forces, IGP and other intelligence agencies. 

It appears that to escape from his responsibility, DSIS, he had passed down the information received from Indian counterpart to his deputy on 4 April 2019 and the same message, passed in hand to hand and finally to land on the OIC of the division. Deputy Director had written back to DSIS in response identifying Zaharan and Shaid as of intelligence interest. Despite the significant nature of the Indian information DSIS only a few members had been sent to Eastern Province for investigation.  

DCoI also noted that Secy/Defence had not carried out his responsibilities giving directions and supervision as the Chief Executive Officer of the departments and units under his purview given to him in the Sri Lanka constitution reference article 52(2). 

DCoI also noted the activities of Zaharan and his team since September 2016 had been overlooked throughout the period leading up to the attacks.

Chapter 24: Dysfunctional Government

Aid and abet for radical and religious conflicts and violence mainly trigged by public remarks of Gnanasara Thero on 17 March 2013 and June 2014 at Maharagama and Aluthgama respectively as noted in DCoI. Thence not instituting criminal proceedings in terms of International Convention of Civic and Political Rights (ref: ICCPR Act 56/2017).

Rishad Bathiudeen’s telephone call to then Army Commander in connection with the arrest of suspect by the name Ihsan Meinudeen who was the son of a secretary of Rashad B’s Ministry. As per the Minister calls were given to find out Ishan’s whereabouts and not to interfere. Further, selling of scrap metal to the Minister’s confidant and a relative, without any proper process, but multiple times with the approval of the Chairman of the Industrial Development Board which comes under Minister Rishad. This improper process recorded a loss of Rs. 4.6 m to the state. It was also revealed that this individual was a major financer of Zaharan’s activities. DCoI forwarded this matter for investigation to the bribery or corruption commissions. 

M.L.A.M. Hisbullah’s involvement and the contribution for exclusivism and Arabisation of Kattankuddy also promoting Wahhabism. In addition, several key suspects’ names were listed in this chapter for necessary investigations and action. 

DCoI recommendations

In summary, the key recommendations were:

Compensation for victims and families who were killed in the Easter Sunday attacks

Three administrative shortcomings have been broadly listed that require improvements:   strengthen good governance, build effective judicial system and create platforms for assessment and determination of people who are nurturing a fertile ground to carry on with terrorist activities.    

Comprehensive investigations to be carried of several members of Zaharan’s group and other groups like Thowheed and SLJISM (Jamaat E-Islami Student Movement). To expedite and for timely completion, establishment of two or more investigation agencies for conducting parallel tasks.

Enhance and amend legal provisions thus preventing political interference on arrest and ongoing legal proceedings. Arrest persons suspected to be involved in creating religious and ethnic disharmony without a court warrant and issuance of search warrants on buildings and houses.

Establishment of high courts to hear and conclude criminal prosecutions of people involved directly or indirectly. Judges to be given special protection and trainings.

Regulate cyberspace preventing terrorist invasion and capitalisation for promoting their objectives.

Monitor activities of all religious schools and prevent growing hatred among the communities in Sri Lanka. Design and deploy an effective de-radicalisation program to obliterate extremism across all communities and rehabilitate those who have become prey to such extremism. Reference has been made to the Singapore model where multiple religions and ethnic groups live in harmony.

In addition, several areas have been identified for strict surveillance of activities and to strengthen provisions as applicable, such as education, financial transaction and foreign source of funding, money laundering, extradition law with foreign countries, sale and importation/smuggling of weapons, chemicals and explosives, visitors, refugees come in for different agendas especially for preaching radical Islam and workers, vigilance of hospital admissions of injured under false pretence and identity.

Proscription

Proscribe extremist religious groups, SLJI (Sri Lanka Jamaat E-Islami Organisation), SLISM (Sri Lanka Jamaat E-Islami Student Movement) and BBS (Bodu Bala Sena)

Criminal proceedings

DCoI recommends AG to institute criminal charges on Abdul Razik for making derogatory comments on Buddhism and Lard Buddha.

Rev. Gnanasara Thero violating the ICCPR Act No. 56 making hate speeches, notably at two locations Maharagama and Aluthgama.

Nevertheless, it was not explicitly recorded in PSC and DCoI reports, the heads of Yahapalana government and some key officials, particularly of security/intelligence agencies, shall be further investigated for the negligence and failure in carrying out the responsibilities.

Conclusion

At a time when there was a dark cloud overhanging on Sri Lanka on human rights abuses, the Yahapalana government took several steps to please and affirm the international community and in particular the UN Human Rights Council to redress and improve the situation. As a key initiative, the Yahapalana government brought 19A, removing 18A of the Constitution thus thwarting criticism and providing assurance. In this process and over time, the emphasis on national security shifted to economic development for genuine reasons considering then state of the economy and to attract FDI inflows. 

Limiting the powers of the executive president and transferring to cabinet and parliament with 19A, have contributed to develop a rift between the executive and legislature. One could say that the President had taken a risk to his life and family crossing the party and becoming the common presidential candidate to serve the country and round up the culprits of the previous regime with genuine intentions. However, he later realised that he was sidelined by the Prime Minister and Cabinet due to actions and decisions taken independently without being referred to president as a matter of courtesy. 

Monitoring the growing differences of the two heads, the opposition timely exploited the situation to regain power and destabilise the Government. The Central Bank bond issue was the centrepiece and very well-capitalised though media interviews for fulfilling the objectives.

Despite gaining victory over local government election, opposition never stopped the thirst for power and later orchestrating the roll over the Government prematurely in 2018 October where the President unlawfully installed a government which lasted only 52 weeks. The 180-degree change of then President was incomprehensible as opposed to his statement made immediately after the election that he would be under six feet if he had lost the presidential election. 

In the backdrop of these developments and the dysfunctional government, the extremist Islamists flourished and carried out their campaign effectively, successfully and undeterred. The Government had completely forgotten, neglected national security issues because of internal rifts and disagreements. It did not actively pursue any intelligence of the developing trends of IS activities, since 2016 in South Asia despite warnings by then Minister of Justice and eminent experts in this field, also the opposition of Muslim MPs of the Government. 

Subsequent to the Easter Sunday gruesome attack, the emergence of a new presidential candidate was then considered as the saviour but later created doubts among fair-minded people with growing aggravation and frustration of inaction over the past two years and also not releasing all the volumes of PCoI reports but instead appointing a committee with members of the ruling party to study and recommend course of action which came to heavy criticism.

Appointment of committees and Presidential Commission of Inquiry (PCoI): President immediately appointed a three-member committee headed by Justice Malalgoda, with the recommendation of this committee, the President appointed a PCoI covering the provision of Chapter 393 of the Constitution. PM also constituted a Parliamentary Select Committee in parallel for finding the truth and root cause. 

It was also apparent that the sovereign rights of citizens which are inalienable have not been exercised as per the Constitution in pursuing the justice of the victims. Furthermore, the craving for power, sex and savage have overtaken the human qualities and widely observed intensification of animal instincts in the society at large. As God rescued the Israelite slaves from Egypt from Pharaoh with the guidance of Moses making a valley through clearing waters of the Red Sea to cross over safely, Catholics’ fervent belief of the delayed intervention of God will be, will have more severe repercussion than the punishment of Pharaoh and sinking his army in the Red Sea.    

Finally, it is important to note that the PCoI was established as per the provision of Chapter 393 of the Constitution and had subsequently enhanced to allow to bring before the PCoI people of interest, in custody and also intelligence officers with a compromise not to produce such sensitive information in the report but to provide to Attorney General (AG). The remarks that were made by the former AG revealed a conspiracy behind the attack that may have been based on the information which was not made public and produced in the PCoI report. 

Citations:

[1] Parliamentary Select Committee Report dated 23 October 2019

[2] Commission of Inquiry Report Volume One – 25 February 2021 Parliament Library