Accountability for Easter Sunday attacks not fully complete yet

This week the Supreme Court ordered former President Maithripala Sirisena and four others to pay compensation for those who were killed in the 2019 Easter Sunday attacks. The seven-judge bench ruled that Sirisena was responsible for negligence to take measures to prevent the attacks despite solid intelligence warnings two weeks prior.

The respondents named in the petitions are former President Maithripala Sirisena, former Defence Secretary Hemasiri Fernando, former Police Chief Pujith Jayasundara, former National Intelligence Service Chief Sisira Mendis, and former State Intelligence Services Chief Nilantha Jayawardena. In addition the Supreme Court ordered disciplinary action against former State Intelligence Services Chief Nilantha Jayawardene within six months.

Though a significant development in acknowledging the accountability of the former president and his team in charge of national security, this verdict comes as a result of a fundamental rights petition rather than a criminal prosecution. The petitioners are private citizens who claimed the violation of their fundamental rights and to their credit the Supreme Court verdict has become the first and to date the only instance of a judicial process that has held someone responsible for the heinous act. It also demonstrates the sheer lack of action by the State, particularly the Attorney General, to prosecute the individuals who carried out the attacks and those who were criminally negligent in preventing them. 

The Easter Sunday terrorist attacks on 21 April 2019 are a watershed moment in contemporary Sri Lankan history. The unexpected, callous attacks against purely civilian targets were heinous even by Sri Lankan standards, despite the country being deeply acquainted with three decades of political violence, which often took the form of terrorism. Over 260 civilians, mostly Christians targeted in four churches, died that day while dozens of locals and foreigners were killed in three five-star hotels also targeted.

Despite numerous commissions of inquiry, investigations by law enforcement authorities and a few indictments, no one has yet been found criminally accountable in a court of law for the Easter attacks. The whole process has also been undermined by political deal-making and interference. Former President Maithripala Sirisena who was at the time also Minister of Defence and Minister in Charge of the Police, and all State intelligence services has been given a free pass within the criminal justice system. Now that he has been found to have been accountable in the fundamental rights case, the Attorney General’s departments should at least now expedite cases on criminal negligence.

In addition to those who were criminally negligent to prevent the attacks, those who carried out the crime have not faced justice yet. It is further concerning that there is seemingly a cover-up of information and stalling of investigations regarding the incident. One loose end is the alleged call made by one of the suicide bombers, supposedly to an individual linked with a State military intelligence agency before he detonated his explosives in Dehiwala. The whereabouts of one of the spouses of the bombers, who is believed to have known about the plot and may have been an informant, is unclear with some Government agencies and personnel claiming she is dead while others have given evidence that she may have escaped to a foreign country with the assistance of a Police officer. The head of the CID who carried out investigations into the attacks, SSP Shani Abeysekera was incarcerated for 11 months under fabricated charges raising further questions on motive for such action. 

The lack of progress in investigations and prosecutions have led to understandable frustration within the Catholic community including leaders of the church. Increasingly, church leaders are at the forefront of the battle for justice over the Easter bombings and all signs are they will not rest until the answers are provided. While welcoming the small step by the Supreme Court to acknowledge the accountability of former President Sirisena and other officials, it is necessary to prosecute them for criminal negligence and bring those who carried out the attacks and those who covered up the crime to justice. Until such time this ugly chapter in Sri Lankan history will never be closed.