Easter Sunday attacks: Search for justice goes international

The Archbishop of Colombo Malcolm Cardinal Ranjith addressing the 49th session of the United Nations Human Rights Council in Geneva this week stated, “Although it was initially thought that the Easter terror attacks were the result of Islamic extremists, subsequent investigations had indicated a ‘grand political plot.” 

He added that the incumbent Government had ‘failed to mete justice to victims’ and that instead of uncovering the truth and prosecuting those responsible, there are attempts to ‘harass and intimidate those who clamour for justice.’ The Cardinal called on the UNHRC and all member countries to support the ‘continuation of evidence gathering’ and to ensure means are devised to unravel the truth behind the Easter Sunday terror attacks.

What was earlier rumoured and spoken in whispers is now being said out loud. It is becoming increasingly possible that the intelligence agencies of the State had a role in the terrorist attacks that killed 269 people. 

What the Cardinal has now said before the UN has been backed by a recent petition to the supreme court by the former head of the Criminal Investigations Department. In his fundamental rights petition a few weeks back, SSP (Rtd.) Shani Abeysekera makes chilling revelations that directly imply links between the Easter Sunday bombers and several state intelligence agencies. He also claims that there was serious interference by these agencies into the CID investigations into the terrorist group’s operations in the lead up to the Easter attacks. 

Abeysekera directly links the individual known by the code name ‘Sonic-Sonic,’ as appeared in communications with an individual linked to the Easter Sunday bombers, to an officer attached to the State Intelligence Service (SIS). Further, SSP Abeysekera’s petition states that personnel from the Directorate of Military Intelligence visited the house of the failed Taj Samudra bomber minutes before he detonated his explosives at a guesthouse and inquired into his whereabouts. None of the revelations made by SSP Abeysekera has yet been challenged or denied by the Government while the Government has failed to hold anyone accountable for these attacks. 

In this context Archbishop Malcom Cardinal Ranjith seeking international intervention is not only justified but is the only course of action left available. It is demonstrative of the failure of the domestic criminal justice system and its inability to offer remedies for victims. The call by the Archbishop on UN member countries to support the evidence gathering mechanism established through resolution 46/1 at the UNHRC last year is also significant. This mechanism has a mandate to gather and preserve evidence on human rights and humanitarian law violations which can then be used by a court in a foreign jurisdiction, if necessary. In short this is the first step towards international jurisdiction for crimes committed in Sri Lanka. 

Though initially assumed to be a response for the lack of progress on the accountability issue for the alleged human rights violations committed during the ethnic conflict, particularly in the last phase, the evidence gathering mechanism established by the office of the high commissioner for human rights can now provide solace for cases that are outstanding in the domestic judicial system. Pending cases such as the murder of Lasantha Wickrematunge, disappearance of Prageeth Eknaligoda, abduction, holding to ransom and murder of Tamil and Muslim men by personnel of the Sri Lanka Navy are all cases that can end up in the international arena as the domestic processes continue to fail. 

The era of impunity in Sri Lanka needs to end. Ideally that should happen through an independent judicial system. Sadly, we do not live in an ideal country. The local judicial system has demonstrated its inability and sometimes unwillingness to offer justice to victims of numerous crimes. If the only alternative is to seek international action, then that should be welcomed. The Cardinal who has now internationalised his cause for justice for Easter victims should be supported and protected. His endeavours may offer some hope for tens of thousands of victims of numerous other crimes as well who have been let down by the domestic judicial system.