By Sarah Hannan
Nearly two years since the deadly Easter Sunday attacks on 21 April 2019, which unfolded in six locations, killing 271 persons and wounding hundreds more, Sri Lanka is yet to find out who was responsible, and whose negligence allowed the country’s national security to be breached.
After a year and two months of inquiries, questioning, and allegations, the Presidential Commission of Inquiry (PCoI) appointed to investigate the Easter Sunday attacks released the full and final reports to the President, with copies now being issued to the political parties and the Cardinal, as well as the Chief Prelates of the four chapters, for reference.
Over the last two weeks, the top questions were as to why the contents of the report were not made public, and why it was not taken up for debate in Parliament, to which Parliament Secretary General Dhammika Dasanayake, speaking to The Sunday Morning, said: “The Committee on Parliamentary Business chaired by Speaker Mahinda Yapa Abeywardena last week decided to commence the debate on the Report of the Presidential Commission of Inquiry (PCoI) into the Easter Sunday attacks on Wednesday, 10 March.”
While there were several individuals and entities that were to be questioned on their lack of accountability following the attacks, much of the blame has been laid at the feet of former President Maithripala Sirisena, who took the initiative to appoint the commission on 22 September 2019.
The Commission goes on to say that it was of the view that, based on the evidence of the report, there is criminal liability on the part of former President Sirisena for acts or omissions pertaining to the attacks.
It then goes on to recommend that the Attorney General (AG) should consider instituting criminal proceedings against Sirisena under any suitable provision in the Penal Code. Although the report further proposed that criminal action be instituted against former Inspector General of Police (IGP) Pujith Jayasundera, and held former Prime Minister Ranil Wickremesinghe accountable for the failure to prevent the attacks, the first course of action, expected to be focused on former President Sirisena, is being heavily debated.
The Commission further recommended that the AG consider instituting criminal proceedings against Jayasundera under any suitable provision in the Penal Code. The PCoI report has also held former Prime Minister Ranil Wickremesinghe accountable for the failure to prevent the attacks, but no charges were recommended against him.
The report said, based on the evidence, it is of the view that the lax approach of Wickremesinghe towards Islamist extremism, as the Prime Minister of the country at the time, was one of the primary reasons for the failure on the part of the then-Government to prevent the Easter Sunday terror attacks.
Awaiting legal counsel
The former President’s legal counsel is tight-lipped about what their course of action would be. Even when The Sunday Morning contacted former President and current MP Maithripala Sirisena’s office for comment, we were informed that neither Sirisena nor his legal team are ready to issue any statements or comment on the matter right now. A well-placed source within Sirisena’s office told The Sunday Morning: “The report that is at hand is extensive, and the legal advisors to the former President are yet to provide any advice to make public statements on the recommendations that are included in the report. We are aware that the report will be taken up in Parliament on Wednesday (10); even so, a final statement will only be released by the legal counsel after they have completed the study.”AG to decide
Parts of the reports have now been handed over to the AG’s Department, which will decide on the course of action to proceed with the legal process. The AG is to call for further investigations by the Sri Lanka Police to identify further evidence required to press charges on more figures. The Commission outlines the fact that a breakdown in the priority given to national security – the key reason for the attacks to have taken place – was facilitated by the Government’s inaction amidst information being available.Six-member committee
After the final report from the commission was handed over to incumbent President Gotabaya Rajapaksa just two weeks ago, he appointed a six-member committee to study the facts and recommendations contained in the report, as well as the report of the Sectoral Oversight Committee on National Security that was already submitted to Parliament. The Committee is headed by Minister Chamal Rajapaksa, and includes Ministers Johnston Fernando, Udaya Gammanpila, Ramesh Pathirana, Prasanna Ranatunga, and Rohitha Abeygunawardena; with Presidential Secretariat Director General (Legal) Harigupta Rohanadheera appointed as the Secretary to the Committee to facilitate its activities and to carry out other functions. The Committee is required to submit its report before 15 March 2021.Some grey areas need revisiting
“In an overall sense, I am satisfied with the report, although there are some grey areas that have not reached a final conclusion based on the evidence that was laid before the Commission. But the Commission has recommended the next steps, and on how to proceed with regard to those courses of action in the future,” stated MP Wijedasa Rajapakshe PC. “Therefore, if you look at this report, I think it is important to understand the background as to how this kind of catastrophe unfolded; who is to be held accountable; and who should be held responsible for planning it. Who were the culprits that committed these blue-blooded crimes?” Rajapakshe noted that just two years and five months before, in November 2016, he had blown the whistle on an impending terror attack that was to take place in Sri Lanka. However, his concerns had been silenced by the then-administration and the officers that were responsible for protecting the national security of the country at the time.Surrender or fight
The Janatha Vimukthi Peramuna (JVP) meanwhile said that former President Maithripala Sirisena has now been left only with two options – either to surrender, or fight the recommendations of the report of the PCoI on the Easter Sunday carnage. JVP Leader Anura Kumara Dissanayake, commenting on the matter, said: “Accusations of a serious nature have been levelled against former President Sirisena in the PCoI report. He has to surrender or fight. He will never be able to absolve himself for the failure to prevent the terror attacks. “When a terrorist attack like the Easter Sunday carnage takes place, the entire Government that rules a country is bound by collective responsibility. In such a context, it is very doubtful as to how and why the PCoI did not identify then-Prime Minister Ranil Wickremesinghe and the Minister who was in charge of the Police, Sagala Ratnayaka, as responsible for the same offence. “Now, even the Government finds faults with the report. But the incumbent Government is bound by the responsibility to conduct a proper investigation, because it solicited votes of the people by promising to do that.”Incomplete and unprepared: All-Ceylon Executive Council of SLFP
Sharing their observations on the contents and recommendations of the report of the Presidential Commission appointed to investigate the Easter Sunday terrorist attack, the All-Ceylon Executive Council of the Sri Lanka Freedom Party (SLFP) noted that it was their party Leader, former President Maithripala Sirisena, who appointed the Presidential Commission on 22 September 2019. The following were its main objectives:- Identify the local and foreign forces behind this attack
- Understanding the core aims and aspirations of those forces
- Make recommendations to bring to justice the individuals or groups who directly or indirectly contributed to the planning and execution of this attack
- It is the general opinion of our party that this report does not contain positive answers, conclusions, and recommendations for the achievement of the objectives established by this Commission.
- In establishing this Commission, their conclusions and recommendations have been submitted beyond the scope of the subject assigned to it.
- Recommendations have been made after investigating matters that are not relevant to the scope at all.
- Example: Page 309 of the Commission's report states: “The Commission of Inquiry is of the view that Ranil Wickremesinghe's lax attitude towards Islamic extremism as Prime Minister in considering the evidence was a major factor in the failure of the then Government to take active action.” However, it is clear that the Commission has adopted a lax policy towards Ranil Wickremesinghe, and that pursuing a strict policy only against President Maithripala Sirisena is a double-standard.
- Former President Maithripala Sirisena took over the Ministry of Law and Order on 30 October 2018. In fact, he had taken charge of this Ministry for only five months and 20 days before the day of the attack. This Commission has not assigned any responsibility for this incident to any of the Ministers who were previously in charge of this Ministry.
- The report does not comment on the value or accuracy of the information that was allegedly leaked to the media.
- There are reports that weapons found during inspections by mosque security forces after the Easter attack were imported by ship, but the report does not seek its depth. Sarah, a.k.a. Pulasthini Rajendran, the wife of one of the suicide bombers, Mohammad Mohammad Hastun, had fled to India from Batticaloa for a long time, and the investigation does not pay any attention to it, and therefore ignores any information that could have been uncovered.