brand logo

The natural death of justice 

07 Jan 2022

More than two and a half years after the Easter Sunday attacks, those affected by the attacks still live with a certain uncertainty about being delivered the justice they were promised for what happened to them, and remain unsatisfied about the actions taken against those involved in and aided and abetted in the attacks, and also against the bigwig politicians and the law enforcement authorities who failed to prevent it. Even though the powerful have been slowly forgotten in the discussion on the Easter Sunday attacks, a large number of people are in prisons as suspects. While legal actions against them are underway, on 5 January, the Police reported to the Colombo Magistrate’s Court that a suspect, who had been remanded in connection with the Easter Sunday attacks, had died while he was receiving treatment at the Colombo National Hospital. This death was reported in a context where Public Security Minister Sarath Weerasekera had announced last October that all Police investigations into the attacks had been completed, and that nine lawsuits were being heard in five High Courts. One question that arises when looking at the investigations and legal actions taken in connection with the Easter Sunday attacks is how much of a priority they are to the Government and the law enforcement agencies. That matters, because the Easter Sunday attacks constitute the biggest disaster Sri Lanka witnessed after the war ended in 2009, and not only did it cause deaths and the destruction of properties, it led to a number of long-term, lingering social, religious, and economic issues. It affected ethnic tensions between different ethnicities, especially between the Muslim community and other communities, and there is uncertainty about the future of the families that lost the breadwinner to the attacks, to name but a few. One fact that requires the attention of the Government is that, although the Easter Sunday attacks ended the same day it occurred, its impacts did not. Therefore, the Government, the law enforcement agencies, and even the judicial system, cannot show the same lethargy it shows in other cases, and consider the Easter Sunday attacks not just as attacks, but as an ongoing issue that is affecting hundreds, if not thousands, of people. Those affected by the attacks are not only the family members of those who died in the attacks; there are some who were victims of the circumstances created by the attacks. After the attacks, scores were arrested, mostly under the Prevention of Terrorism Act (PTA) and sometimes for trivial reasons that linked them to someone related to the attacks or the attackers, and although many were released, many are still in remand awaiting trials. When we talk about justice for the Easter Sunday attacks victims, one thing we must remember is that serving justice, i.e. identifying and penalising culprits, also includes releasing those who are not culprits. If the destiny of suspects is to die in prison without ever seeing the culmination of the cases against them, it not only deprives them of life out of prison and freedom from offences they did not commit, but it also deprives the families of those who lost someone in the attacks of the justice they deserve. It also deprives the country and the judicial system of an opportunity to penalise a criminal if they are found guilty. The main promise the incumbent Government made before coming to power was that it would bring the Easter Sunday attacks culprits to book, and this promise was a huge rallying cry that led to its resounding victory in that election. However, times have changed, and their performance is so far below what they promised that the people have started doubting whether justice would be served before the end of the Government’s tenure. In May, Minister Weerasekera said that the US Federal Bureau of Investigation  (FBI) had identified Naufer Moulavi as the mastermind behind the Easter Sunday attacks. That was the first and last time the country heard about any international investigation into those involved in the attacks by the likes of the FBI or the UK’s Scotland Yard, except the investigations conducted by the Indian secret services into Indian nationals who had allegedly been in contact with Zahran Hashim (suicide bomber and leader of the National Thowheeth Jama’ath) and his group. If the delay we are seeing is a result of the lack of competence or technology, the Government should have obtained foreign assistance without letting these issues slow down and hamper the investigations. There is no argument about how complex the Easter Sunday attacks were, and how difficult the investigations into it could be. However, justice delayed, as is oft said, is indeed justice denied. When we consider the destruction the Easter Sunday attacks wrought on the country and the threat of the spread of extremism that allegedly led to the attacks, even one day’s delay is unacceptable, let alone nearly 1,000 days.


More News..