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2019 Easter Sunday attacks: The long wait for justice

2019 Easter Sunday attacks: The long wait for justice

21 Apr 2024 | By Maheesha Mudugamuwa

On 21 April 2019, Sri Lanka faced one of its darkest days when an Islamist extremist group named the National Thowheeth Jama’ath (NTJ) orchestrated a series of coordinated bombings, targeting churches and hotels on Easter Sunday.

Five years have passed since that fateful day, but the wounds inflicted on the nation’s psyche and the lives of countless individuals are still raw.

The attacks, which claimed the lives of 269 people and left over 500 injured, shook the world and shattered the peaceful Easter celebrations. Families lost loved ones, communities were torn apart, and the nation was left grappling with the aftermath of senseless violence.

As Sri Lanka marks the fifth anniversary of this tragedy today (21), it is essential to remember the victims and honour their memories.

Each life lost contained dreams, aspirations, and loved ones left behind. Their absence is deeply felt, not just by their families but by all those touched by their kindness and presence.


‘We don’t harbour hatred’


“My mother was an innocent woman. She never harmed a soul, not even the tiniest ant,” shared Mary Nilani, her voice heavy with grief. “It’s still surreal to me that she’s gone. No one deserves to endure what she did in that horrific attack.”

Three agonising years have passed since her mother sustained grievous wounds on that fateful Easter Sunday.

“The aftermath was cruel. Paralysed and struggling, she fought a brave battle. But even after showing signs of improvement after the Covid-19 vaccination, her vitality waned and she slipped away from us,” Mary recounted tearfully. “She was full of life and only 62 when she departed.”

“That day, our church family suffered unimaginable losses. Neighbours, dear friends, gone in an instant,” Mary sobbed. “I still wonder about the lady who sat beside me. Did she survive? I buried my head in her lap as the chaos erupted. I ache to know her fate.”

The question that echoes in their hearts is ‘why us?’ “We were devout, deeply entwined with our church community. My mother’s dedication knew no bounds,” Mary said. “We seek no material recompense; what we yearn for is understanding. Why were we targeted?”

The pain echoed through her entire family. Though bitterness could easily consume them, Mary’s family clings to a different resolve.

“We don’t harbour hatred. But we believe in justice, in cosmic balance,” she asserted.

Those responsible will reap what they’ve sown – of that we’re certain.”

Trauma lingers long after the physical scars have healed and it is essential to provide ongoing support and resources to those still grappling with the aftermath of the attack.


‘The trauma remains fresh’


Geetha Antoinette, another resident from Katuwapitiya, shared her story of disappointment and pain as her world shattered five years ago when she lost her husband in the brutal attack.

“Every day since then has been a battle, trying to piece together our shattered lives,” she shared, her voice heavy with sorrow. “Raising three children on my own has been a massive challenge. Only my eldest has found employment and we’re grateful for the support we received from my husband’s workplace, but his absence leaves a void that can never be filled.”

The pain of loss still lingers, a constant companion in Geetha’s life. “The trauma remains fresh, even after all these years,” she confessed.

“My sister and her daughter were also taken from us in that senseless act of violence. My brother-in-law is still grappling with the devastation. He can’t bring himself to return to Katuwapitiya, unable to face the memories of what he has lost. But as a mother, I had no choice but to carry on, to be strong for my children. This is our reality now.

“We hold onto the belief that justice will prevail, that those responsible for our suffering will be held to account,” she asserted. “We place our trust in the Government to do what’s necessary, to bring closure to our suffering by bringing the perpetrators to justice. It’s the least we can hope for, the least we deserve after enduring so much pain.”

The passage of time has not dulled the ache of loss nor eased the yearning for justice among the victims of the Easter Sunday attack and their families.


‘Justice delayed is justice denied’


For Priyantha Jayakody, who lost his beloved wife in the tragedy, the quest for closure remains agonisingly unresolved. “Justice delayed is justice denied,” he lamented. “We need swift action to hold the perpetrators accountable and prevent such horrors from repeating.”

Priyantha’s life took a tragic turn when he returned to Sri Lanka after 25 years in Bahrain for medical treatment, against his wishes. Tragically, it was only a few months after their return that his wife fell victim to the attack.

“She adored the church and wanted to be near it. My son shared her passion,” he recalled, his grief palpable. “There are so many unanswered questions. We all deserve to know who did this and why.”

Expressing frustration at the slow progress of local investigations, Priyantha emphasised on the need for international support and scrutiny. “The truth must be uncovered, no matter where it leads,” he insisted.

His son, Hasaru, echoed this sentiment, acknowledging the challenges of seeking international assistance amidst global turmoil. “Until then, let us unite as Sri Lankans and demand accountability from our Government,” Hasaru urged. “We must ensure that the true perpetrators are brought to light and face justice.”

Hasaru, too, bears the scars of the attack. Though the flashbacks have faded, the thirst for truth remains unquenched. “Sri Lanka holds painful memories now. I yearn for closure. But until justice is served, I struggle to find peace here.”

The voices of victims carry the weight of shared sorrow and unyielding determination, echoing the sentiments of countless others affected by the tragedy. In their quest for justice, they find strength in solidarity and hope for a future where such atrocities are but painful memories of the past.


Legal aftermath 


Almost immediately after the attack in 2019, criticism arose regarding alleged negligence within the highest levels of the political and security apparatus. Multiple petitions were filed, alleging violations of fundamental rights by Government and intelligence officials.

The Supreme Court deliberated on 12 Fundamental Rights petitions and reached a consensus that the respondents – including former President Maithripala Sirisena, former Inspector General of Police (IGP) Pujith Jayasundara, former Defence Secretary Hemasiri Fernando, and former Chief of National Intelligence Sisira Mendis – had failed to address intelligence warnings regarding the impending attacks with the necessary gravity. 

The court expressed profound dismay at the evident lack of oversight and inaction prevalent in matters concerning security, law enforcement, and intelligence.

Notably, President Ranil Wickremesinghe, who served as Prime Minister at the time of the attacks, was initially named as a defendant in all cases. However, in July 2022, he was removed as a defendant due to his status as Executive President, affording him immunity from prosecution.

As per the verdict, Sirisena has been ordered to pay Rs. 100 million in compensation to the victims of the attacks, while Jayasundara is required to pay Rs. 75 million. Additionally, other defendants, including prominent defence and intelligence officials, have been instructed to pay significant compensation amounts. These payments are to be sourced from their personal funds. 

Furthermore, the State has been mandated to provide Rs. 1 million to each of the families of the deceased and Rs. 500,000 to each individual injured in the tragic incidents.

Earlier this month, a writ petition was lodged before the Court of Appeal, urging the IGP and other respondents to initiate legal proceedings against Senior DIG Nilantha Jayawardena, the former Chief of the State Intelligence Service.

The petition, brought forth by the Centre for Society and Religion (CSR), its Director Rev. Fr. Jude Vernon Rohan Silva, and Easter attack victim Devage Surach Nilanga, alleges Jayawardena’s failure to prevent the 2019 Easter Sunday terror attacks despite receiving intelligence. 

Named as respondents in the petition are the IGP, SDIG Jayawardena, and the Attorney General. The petitioners argue that despite ample evidence demonstrating Jayawardena’s negligence in thwarting the coordinated bombings, no legal action has been taken against him.

The petition calls upon the Court of Appeal to issue an order compelling the named respondents to implement the recommendations of the Presidential Commission of Inquiry (PCoI) on the Easter Sunday attacks. Furthermore, the petitioners seek a writ order for Jayawardena’s arrest under criminal law, followed by subsequent legal proceedings against him.


Church loses confidence


In such a backdrop, speaking to the media last week, Archbishop of Colombo Malcolm Cardinal Ranjith conveyed the church’s loss of confidence in the authorities’ ability to unveil the perpetrators behind the devastating attacks.

Cardinal Ranjith highlighted the failure of authorities to heed warnings of an imminent threat, highlighting the unsettling lack of action in response to critical intelligence. “Regrettably, those in positions of power have failed to take decisive steps towards uncovering the truth behind these atrocities,” he lamented. “We are disheartened by this apparent apathy exhibited by our political leaders, leading us to lose faith in the existing system.”

The Cardinal also referenced a concerning development – an alleged link between the Easter Sunday bombers and a high-ranking intelligence official within the current administration, as depicted in a 2023 British documentary. Despite these grave allegations, Governmental response has been notably lacking, further eroding trust in the investigative process.

However, when contacted by The Sunday Morning, National Catholic Mass Communications Director Rev. Fr. Jude Krishantha Fernando said: “Cardinal Ranjith has gone to Geneva several times and made speeches. We are continuing that. We get invitations from Geneva when there is a session and we go and give speeches. 

“We are also requesting the Pope to inform other countries through their Cardinals and force the Government of Sri Lanka to complete the investigations. The Government has to invite an international investigation. Even if we request this, they don’t come. What we can do is to go to the Human Rights Council in Geneva and inform other countries through their Cardinals,” Fr. Fernando said.

When contacted, Public Security Ministry Secretary Viyani Gunathilaka said there was no decision within the Government to seek international assistance to expedite the ongoing investigations into the Easter Sunday attacks.


Pay or face contempt


When contacted by The Sunday Morning, a senior lawyer handling a majority of the cases related to the Easter Sunday attacks, who wished to remain anonymous, said: “Judgment was given in January 2023 for the Fundamental Rights petition asking a payment of up to Rs. 100 million. They have paid only a minuscule amount of this and the case will be called on 15 July. They have to pay before 30 June.”

“Sisira Mendis has to pay Rs. 10 million. He has paid it and finished the case. The others have paid only a small amount. The order was made to pay by 30 June. The case will be called on 15 July to consider the progress. The case is over and the amounts have to be paid. There’s no appeal; this is a seven-judge bench of the Supreme Court. They can’t appeal and if they don’t pay they will be held in contempt,” the lawyer said.

Addressing the victims’ demand to seek international assistance, he said: “It’s not easy. It’s what we are trying to do, but the victims have ongoing cases, meaning they can’t go to any international forum for damages. You can go to an international court when there is no progress as far as the prosecution is concerned, which is what we are trying to do. They are not doing anything. They have only prosecuted about 12 or 15 Muslim radicals. 

“In the Easter commission, there was a series of recommendations including taking criminal action against all these individuals, including Nilantha Jayawardena, but this has not happened. They haven’t taken any action against former President Maithripala Sirisena, Jayawardena, and others; here  we can go before the international court saying that there is a complete failure on the part of the Sri Lankan Government and the Attorney General to prosecute these people.”

“The FR petition for which the verdict was given is for damages; prosecution for criminal negligence is a different matter. As far as victims are concerned, their cases are ongoing and we can’t go to an international forum for their cases,” he said, adding: “Victims are also being paid. All the money the Supreme Court has ordered up to now has been put to the reparations committee. Through that committee, they have been paying money to different people on the basis of injuries they have sustained. There was only around Rs. 30 million, including Rs. 10 million given by Sisira Mendis. The money has been correctly utilised and what was allocated to the victims has been exhausted.”

Meanwhile, highlighting the civil cases filed by the victims in Negombo, Attorney-at-Law Waruna Senadeera said: “There are 182 cases pending in the Negombo Courts. All these cases are now fixed for pre-trial on various dates, which is a requirement under the Civil Procedure Code and it is after the conclusion of the pre-trial that the cases will be fixed for trial. 

“The damages of all these cases might go up to several millions and they vary from case to case depending on the injuries they have sustained. There was a formula to calculate the damages. The cases have been filed by the victims who were injured and relatives such as children or family members have filed cases on behalf of the deceased. Among these, there were 34 cases filed on behalf of minors.”

Elaborating on the ongoing trial-at-bar, Neville Abeyratne, PC stated: “There is a trial-at-bar and there are around 25 accused. The trial-at-bar commenced some months ago and the prosecution is being handled by the Attorney General. We have now recorded evidence of more than 90 witnesses. There are around 23,000 charges framed against the accused persons. The matter is already being heard and it is now at trial. The trial is heard three days per week by three judges at the High Court,” Abeyratne said. 

Meanwhile, when contacted by The Sunday Morning, Police Media Spokesman DIG Nihal Thalduwa said that most of the investigations on complaints that had been made soon after the bombings had been reported had been completed and cases had been filed accordingly. “However, there are investigations that are currently undergoing for the cases that have been filed. Most of these investigations are on individuals who have alleged links to the incident,” he noted.




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